Is it better to quit or be fired for unemployment benefits - NYS Department of Labor rules?
My boss has been making my life hell at work and I'm thinking about just walking out. But my friend said if I quit I won't get unemployment benefits from NYS Department of Labor. Is it actually better to wait and get fired instead? What are the rules about this? I really need the income support if I lose this job because I have rent and bills to pay. Has anyone dealt with this situation before?
10 comments


Dylan Baskin
Generally speaking, if you voluntarily quit your job, NYS Department of Labor will disqualify you from receiving unemployment benefits unless you can prove you had 'good cause' for quitting. Getting fired (terminated without misconduct) usually makes you eligible for UI benefits. However, if you're fired for misconduct, you'll also be disqualified. The key is the reason behind the separation.
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Hunter Brighton
•What counts as 'good cause' for quitting? My supervisor has been verbally abusive and creating a hostile work environment.
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Lauren Wood
Document everything if your boss is being abusive! Keep emails, write down incidents with dates and witnesses. If you can prove constructive dismissal or hostile work environment, NYS Department of Labor might consider that good cause for quitting. But honestly, it's an uphill battle to prove compared to just being laid off.
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Ellie Lopez
•This is so important! I quit my last job because of harassment and had to appeal my disqualification. It took months but I eventually won because I had documented everything.
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Chad Winthrope
whatever you do dont just walk out without trying to get unemployment first!!! i made that mistake last year and was denied benefits. had to work part time at walmart for 6 months before i could reapply
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Paige Cantoni
I'm in a similar situation and have been trying to reach someone at NYS Department of Labor for weeks to ask about this exact scenario. Their phone lines are always busy and I can't get through. This is so frustrating when you need answers about something this important for your financial survival.
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Kylo Ren
•I had the same problem trying to reach NYS Department of Labor agents until I found Claimyr (claimyr.com). They actually got me through to someone in like 10 minutes after I'd been trying for weeks. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Totally worth it when you need real answers about your specific situation.
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Nina Fitzgerald
The whole system is rigged against workers anyway. Whether you quit or get fired, they'll find some excuse to deny your claim. I've seen people get denied for the most ridiculous reasons. NYS Department of Labor just wants to save money.
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Dylan Baskin
•While the system can be frustrating, it's not accurate to say it's completely rigged. Many people do successfully receive benefits when they qualify. The key is understanding the rules and having proper documentation.
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Ellie Lopez
If you're really in an abusive situation, talk to HR first if your company has an HR department. File a formal complaint. That creates a paper trail that could help your case if you do end up quitting for good cause. Also look into whether your state has whistleblower protections.
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