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Ellie Perry

If you resign can you get unemployment - NYS Department of Labor eligibility question

I'm in a really toxic work situation and thinking about quitting my job. My supervisor has been making my life miserable for months and I don't think I can take it much longer. But I need to know - if you resign can you get unemployment benefits from NYS Department of Labor? I can't afford to be without income but I also can't stay in this environment. Has anyone been approved for UI after resigning? What do I need to prove to NYS Department of Labor?

Landon Morgan

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Generally speaking, if you voluntarily quit your job, you won't be eligible for unemployment benefits unless you can prove you had 'good cause' for leaving. NYS Department of Labor defines good cause very specifically - it has to be work-related and something that would compel a reasonable person to leave. Toxic supervisor behavior could potentially qualify if you can document it properly. You'd need evidence like emails, witness statements, or records of complaints to HR.

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Ellie Perry

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What kind of documentation would be strongest? I have some emails but mostly it's been verbal harassment.

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Teresa Boyd

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I resigned from my job last year due to unsafe working conditions and was approved for benefits after an adjudication period. The key is having solid documentation and filing your claim immediately after leaving. Don't wait! NYS Department of Labor will investigate your claim and you'll likely have to provide written statements explaining why you left. If they deny it initially, you can appeal the decision.

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Lourdes Fox

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How long did your adjudication take? I'm worried about going weeks without any income while they investigate.

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Teresa Boyd

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Mine took about 3 weeks. During that time I had to keep filing my weekly claims even though I wasn't getting paid yet. Once they approved it, I got all the back payments.

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Bruno Simmons

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whatever you do DOCUMENT EVERYTHING first before you quit!! take screenshots of nasty emails, write down dates and times of incidents, get witness contact info if other employees saw the harassment. without proof NYS Department of Labor will just assume you quit for personal reasons and deny your claim

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Ellie Perry

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Good point. I should probably start a log of incidents with dates and details before I make any decisions.

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I had trouble getting through to NYS Department of Labor when I needed to discuss my resignation situation. Kept getting disconnected after waiting on hold forever. Someone on here recommended this service called Claimyr (claimyr.com) that helps you actually reach a live agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Ended up being super helpful for getting my questions answered about good cause requirements before I made my decision to leave.

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Zane Gray

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Interesting, never heard of that. Did they charge you for it or is it free?

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It's a paid service but honestly worth it when you're dealing with something this important and can't get through on your own.

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my friend quit her job because her boss was terrible and she got denied for benefits. she tried to appeal but they said she didnt have enough proof it was the employers fault. so yeah you really need good documentation or they wont believe you

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Landon Morgan

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One more thing to consider - if you can get your employer to lay you off instead of resigning, that would make you automatically eligible for unemployment. Sometimes if you approach HR about the hostile work environment, they might prefer to let you go rather than deal with a potential lawsuit. Just something to think about as an alternative strategy.

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Luca Russo

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I went through something similar with a toxic manager about 2 years ago. The harassment was mainly verbal too, but I started keeping a detailed journal of every incident - date, time, what was said, any witnesses present. I also sent follow-up emails to my supervisor after difficult conversations "just to confirm what we discussed" - that way I had written records. When I finally quit and applied for unemployment, NYS Department of Labor initially denied me but I appealed with all my documentation. It took about 6 weeks total but they eventually approved my claim. The key was showing a pattern of behavior that made continuing to work there unreasonable. Start documenting everything now, even if you're not sure you'll quit yet.

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