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Jessica Nolan

NYS Department of Labor - how to quit your job and get unemployment benefits approved?

I'm in a really bad work situation and thinking about quitting but I need unemployment to survive. My manager has been making my life hell for months - constantly changing my schedule last minute, giving me impossible deadlines, and basically trying to force me out. I've been documenting everything but I'm not sure if this counts as good cause to quit and still get unemployment from NYS Department of Labor. Has anyone successfully quit their job and gotten approved for UI benefits? What kind of proof do I need to show it was constructive dismissal or good cause? I can't afford to quit and then get denied.

You need to be very careful here because NYS Department of Labor has strict rules about voluntary quits. Generally you can only get unemployment if you quit for 'good cause' which includes unsafe working conditions, harassment, significant changes to your job duties or pay, or constructive dismissal. Document everything - emails, schedule changes, witnesses to verbal abuse, any policy violations by your employer. You'll need to prove your employer created conditions that would force a reasonable person to quit.

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Thank you! I have been saving emails and taking screenshots of the crazy schedule changes. Should I file a complaint with HR first or does that hurt my case?

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honestly this is really hard to prove, most people who quit get denied unemployment even with documentation. NYS Department of Labor usually sides with employers unless you have rock solid evidence

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That's not entirely true. I successfully got unemployment after quitting due to harassment. The key is having a paper trail and following the right steps. You typically need to try to resolve the issue with your employer first, then document their refusal to address it.

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Wait can you really get unemployment if you quit?? I thought that was automatic disqualification. My boss has been doing similar stuff to me and I'm about to lose it

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Yes, but only under specific circumstances that NYS Department of Labor considers 'good cause.' It's much harder than getting fired but it's possible with proper documentation and following the correct procedures.

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I went through this exact situation last year. Had to quit because my supervisor was creating a hostile work environment. Got approved for unemployment but it took forever - like 8 weeks of adjudication. The trick is when you file your claim, be very specific about why you quit and provide all your documentation upfront. Don't just say 'bad boss' - explain the specific actions that made continuing work impossible. Also if you're having trouble reaching NYS Department of Labor to check on your claim status, I used a service called Claimyr (claimyr.com) that actually got me through to speak with an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.

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8 weeks?? Ugh that's so long. Did you have to keep looking for work during the adjudication or wait until it was approved?

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Never heard of that service but honestly anything that helps you actually talk to someone at NYS Department of Labor sounds worth trying. Their phone system is impossible.

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just want to add that you should also check if your state has any whistleblower protections if your employer is doing anything illegal. that can strengthen your case for good cause

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