NYS Department of Labor unemployment after quitting - if i quit can i still get unemployment benefits?
So I'm in a really toxic work situation and honestly thinking about just walking out. My manager has been making my life hell for months and I don't think I can take it much longer. But I really need to know - if I quit my job, can I still file for unemployment with NYS Department of Labor? I've heard different things from people and I'm confused about what the actual rules are. I can't afford to be without income but I also can't stay in this job much longer without losing my mind. Has anyone been through this before?
14 comments


Yuki Nakamura
Generally speaking, if you quit voluntarily, NYS Department of Labor will disqualify you from receiving unemployment benefits. However, there are exceptions for what they call 'good cause' situations. This includes things like harassment, unsafe working conditions, significant changes to your job duties or pay, or other circumstances that would make a reasonable person quit. You'd need to document everything and be prepared to explain your situation during the adjudication process.
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Ethan Moore
•What kind of documentation would I need? I don't have anything in writing about the harassment but there might be witnesses.
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StarSurfer
i quit my last job because my boss was awful and i got denied unemployment. they said it was voluntary quit and that was it. maybe your situation is different but just be prepared that they might say no
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Ethan Moore
•That's what I'm worried about. Did you try to appeal the decision or just accept it?
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Carmen Reyes
Before you quit, try to get everything documented. Emails, text messages, witness statements if possible. If you're dealing with harassment or discrimination, file complaints with HR first. NYS Department of Labor looks more favorably on quit claims when you can show you tried to resolve the issues through proper channels. Also consider if you can get yourself fired instead - I know that sounds weird, but sometimes it's better for your unemployment claim.
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Andre Moreau
•Getting yourself fired is terrible advice. That could backfire completely if they determine it was misconduct.
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Carmen Reyes
•I didn't mean do something that would be misconduct. I meant things like refusing to do tasks that aren't in your job description or standing up for yourself in ways that might prompt them to let you go.
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Zoe Christodoulou
I went through something similar last year and ended up having to deal with NYS Department of Labor adjudication for weeks. The hardest part was getting through to an actual person to explain my situation. I kept calling the unemployment phone line but could never get past the automated system. Finally found this service called Claimyr (claimyr.com) that helped me get connected to an actual NYS Department of Labor agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in getting my side of the story heard during the adjudication process.
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Ethan Moore
•How long did the whole adjudication process take once you got to talk to someone?
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Zoe Christodoulou
•About 3 weeks after I talked to the agent, but that was way faster than people who couldn't get through at all. Some were waiting months.
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Jamal Thompson
The NYS Department of Labor will definitely scrutinize quit claims more than layoffs or terminations. You'll likely face an adjudication period where they investigate your reasons for quitting. During this time, you won't receive benefits. If you do have good cause documented, make sure you file your weekly claims even during adjudication - if you're eventually approved, you'll get backpay for those weeks.
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Ethan Moore
•Good to know about filing weekly claims during adjudication. I didn't realize you could get backpay if approved.
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StarGazer101
Have you considered consulting with an employment attorney before making your decision? Many offer free consultations and can help you understand if your situation might qualify as constructive dismissal or if there are legal protections you should know about. Sometimes having a lawyer send a letter to your employer about the harassment can either improve the situation or create documentation that strengthens your unemployment claim if you do end up quitting. Also, keep in mind that NYS has specific laws about hostile work environments - if you can establish that pattern, it could really help your case with the Department of Labor.
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Admin_Masters
•That's really solid advice about consulting with an employment attorney. I hadn't thought about the constructive dismissal angle - that could be a game changer. Do you happen to know if there are any specific organizations in NY that offer free employment law consultations? I'm trying to explore all my options before making any moves, and understanding the legal side could really help strengthen whatever case I might have with the Department of Labor.
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