NYS Department of Labor eligibility if you quit - can you collect unemployment benefits?
I'm thinking about quitting my job because my manager is making the work environment really toxic and I'm stressed out all the time. Before I do anything drastic though, I need to know - if you quit can you collect unemployment through NYS Department of Labor? I've been at this company for 2 years and really don't want to mess up my chances of getting benefits if I can't find something else right away. Does anyone know what the rules are?
12 comments
Join the conversation
Yuki Watanabe
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 has specific criteria for what counts as good cause - things like unsafe working conditions, harassment, or significant changes to your job duties. Just being unhappy or having a difficult manager usually isn't enough unless it rises to the level of constructive dismissal.
0 coins
Ethan Campbell
•What exactly counts as constructive dismissal? My manager has been making my life miserable but I'm not sure if it would qualify.
0 coins
Carmen Sanchez
You need to be really careful here. I quit my last job thinking I could get unemployment and got denied. NYS Department of Labor takes voluntary separation seriously. If you're dealing with a hostile work environment, you should document everything first - emails, incidents, witnesses. You might also want to try talking to HR or filing a complaint before quitting, because they'll ask if you tried to resolve the situation.
0 coins
Ethan Campbell
•How long did it take to find out you were denied? I'm worried about being without income for weeks while they decide.
0 coins
Carmen Sanchez
•It took about 3 weeks to get the denial letter. Then I had to appeal which took another month. Definitely don't quit unless you have another job lined up or can prove good cause.
0 coins
Andre Dupont
OMG I went through this exact same thing last year!!! My boss was a nightmare and I finally couldn't take it anymore. I quit and applied for unemployment thinking stress counted as good cause but NYS Department of Labor said no way. Had to find another job ASAP because I had no income coming in. Make sure you really understand the requirements before you do anything!
0 coins
Zoe Papadakis
If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I used 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. Saved me hours of calling and getting busy signals when I needed to clarify my eligibility after a job change.
0 coins
Ethan Campbell
•That sounds helpful - I've been trying to call them for days with no luck. Did they charge you a lot for it?
0 coins
Zoe Papadakis
•They focus on getting you connected rather than the cost. Worth checking out the demo to see if it makes sense for your situation.
0 coins
ThunderBolt7
Look, the system is set up to deny benefits to people who quit, period. They'll find any excuse to say you didn't have good enough cause. I've seen people with documented harassment get denied because they didn't follow some bureaucratic procedure. If you absolutely have to quit, make sure you have rock solid documentation and even then be prepared to fight for months.
0 coins
Jamal Edwards
maybe try talking to your manager first before quitting? sometimes they dont realize how bad things are
0 coins
Ethan Campbell
•I've tried that multiple times already. The problem is my manager IS the problem, if you know what I mean.
0 coins