NYS Department of Labor claim denied - employer says I quit but I was forced out due to unsafe conditions
My unemployment claim got denied because my former employer told NYS Department of Labor that I voluntarily quit. But that's not true - I was basically forced to leave because they kept making us work in dangerous conditions without proper safety equipment. When I complained about it, they started cutting my hours and making my job impossible. I felt like I had no choice but to leave. Now NYS Department of Labor says I'm disqualified for benefits. Has anyone successfully appealed this kind of situation? I really need these benefits while I look for another job.
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Miguel Ortiz
This sounds like constructive discharge, which NYS Department of Labor should treat as involuntary separation. You'll need to file an appeal within 30 days of the denial notice. Gather any documentation about the unsafe conditions - emails, photos, witness statements, anything that shows you complained about safety issues. Also document how they retaliated by cutting your hours.
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Ava Martinez
•Thank you! I do have some text messages where I complained to my supervisor about the safety problems. Should I include those in my appeal?
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Zainab Omar
yeah this happened to my brother too. his boss was making everyone work without helmets on a construction site and when he complained they basically pushed him out. took like 3 months but he won his appeal
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Ava Martinez
•That gives me hope! Did he have to go to a hearing or was it just paperwork?
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Connor Murphy
The key is proving that a reasonable person would have felt compelled to quit under those circumstances. Document everything - the specific safety violations, your attempts to address them through proper channels, and how the employer responded. NYS Department of Labor will look at whether you made good faith efforts to resolve the issues before leaving.
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Yara Sayegh
•This is exactly right. I work in HR and constructive discharge cases often come down to documentation. Also check if your state has whistleblower protections that might apply.
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NebulaNova
Ugh the whole system is so frustrating!! Employers lie all the time and NYS Department of Labor just believes whatever they say first. I've been trying to get through to an actual person at NYS Department of Labor for WEEKS about my own claim issues. The phone system is impossible.
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Keisha Williams
•I had the same problem reaching NYS Department of Labor by phone until someone told me about this service called Claimyr (claimyr.com). They basically call for you and get you connected to an actual agent. I was skeptical but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got through the same day and finally got my adjudication issue resolved. Might be worth checking out if you can't get through on your own.
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Paolo Conti
wait so if you quit because of unsafe conditions that counts as being fired? i didnt know that was a thing
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Miguel Ortiz
•Not exactly. It's called constructive discharge - when working conditions become so intolerable that a reasonable person would feel forced to quit. NYS Department of Labor has to determine if the conditions were severe enough to justify leaving.
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