NYS Department of Labor 'no fault of your own' unemployment criteria - what qualifies?
I keep seeing this phrase 'no fault of your own' everywhere on the NYS Department of Labor website but I'm honestly confused about what exactly counts. My supervisor basically forced me to quit by making my work environment hostile after I complained about safety issues. Would this be considered no fault of my own for unemployment purposes? I'm worried about filing if I technically resigned instead of being fired. Does anyone know the specific situations that NYS Department of Labor considers qualifying?
11 comments


Isabella Santos
The 'no fault of your own' requirement is one of the basic eligibility criteria for UI benefits in New York. It generally means you lost your job due to circumstances beyond your control - like layoffs, company closures, or being terminated for reasons other than misconduct. Your situation with the hostile work environment could potentially qualify as 'constructive discharge' which NYS Department of Labor sometimes treats as involuntary separation. You'd need to document the safety complaints and the supervisor's response.
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Malik Johnson
•I do have emails about the safety complaints I filed and some witnesses to the hostile behavior. Should I mention constructive discharge specifically when I file my claim?
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Ravi Sharma
omg I had almost the exact same thing happen last year!! my manager made my life hell after I reported harassment and I ended up quitting. NYS Department of Labor initially denied my claim but I appealed it and won. the key is having documentation that shows you had good cause to quit
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Freya Larsen
Here's what generally qualifies as 'no fault of your own' per NYS Department of Labor guidelines: layoffs due to lack of work, plant closures, elimination of positions, being fired for reasons other than willful misconduct, reduction in hours/wages that makes continued employment unreasonable, unsafe working conditions, and constructive discharge situations. What you're describing with the hostile environment after safety complaints could definitely fall under constructive discharge if you can prove the conditions were intolerable.
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Omar Hassan
•wait so if my hours got cut from 40 to 15 per week that would count as no fault of my own? I thought I had to be completely laid off
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Chloe Taylor
The NYS Department of Labor phone system is impossible to get through when you need clarification on stuff like this. I spent weeks trying to reach someone about my eligibility. If you really need to talk to an agent about your specific situation, I found this service called Claimyr (claimyr.com) that actually got me through to NYS Department of Labor within a few tries. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration compared to calling repeatedly myself.
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Malik Johnson
•Thanks, I'll check that out. I've been dreading trying to call NYS Department of Labor directly.
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ShadowHunter
ugh the whole system is so confusing! I got laid off which should be obvious no fault but they still made me jump through hoops proving it wasn't misconduct. like why would I misconduct myself out of a job I needed?? make it make sense
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Isabella Santos
For your specific case with the safety complaints, make sure you file your weekly claims and answer the separation questions honestly. Mention that you quit due to unsafe working conditions and hostile treatment after raising legitimate safety concerns. NYS Department of Labor will likely schedule a fact-finding interview to get details about the constructive discharge claim. Having that documentation will be crucial during that process.
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Malik Johnson
•This is really helpful, thank you. I was worried they'd just automatically deny me for quitting.
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Andre Rousseau
Just wanted to add that NYS Department of Labor also considers domestic violence situations, workplace discrimination, and significant changes to your job duties/pay as potential "no fault" reasons for leaving. The key thing is being able to show that a reasonable person in your situation would have felt compelled to quit. Document everything you can - emails, witness statements, dates of incidents, any company policies that were violated. Even if they initially deny your claim, you have appeal rights and many people win on appeal with proper documentation.
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