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Sadie Benitez

NYS Department of Labor unemployment approval after quitting - how to get approved for unemployment if you quit

I had to quit my job at a retail store last month because my manager was constantly changing my schedule with less than 24 hours notice, making it impossible to arrange childcare. I've heard that you can still get unemployment benefits even if you quit, but I'm not sure how to prove I had 'good cause' to NYS Department of Labor. My claim is currently under adjudication and I'm really stressed about whether it will get approved. Has anyone successfully gotten UI benefits after quitting? What kind of documentation did you need to provide to prove you had a valid reason?

Yes, you can absolutely get unemployment benefits after quitting if you had good cause. For NYS Department of Labor, good cause includes unsafe working conditions, harassment, significant changes to your job duties or schedule, and situations that make it impossible to continue working. The key is documenting everything. Do you have any text messages, emails, or written schedules showing the last-minute changes? You'll want to gather all of that for your adjudication review.

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I do have some text messages from my manager changing shifts! Should I submit those through the my.ny.gov portal or wait for them to contact me?

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ugh this happened to my sister too, her boss kept switching her hours around and she couldn't deal with it anymore. took forever for nys dept of labor to make a decision but she did get approved eventually

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The scheduling issue you described definitely qualifies as good cause, especially if it interfered with your ability to arrange childcare. NYS Department of Labor recognizes that sudden schedule changes can create impossible situations for workers. Make sure to document: 1) The original schedule you were hired for, 2) Examples of last-minute changes with dates and times, 3) How this affected your childcare arrangements, 4) Any attempts you made to resolve this with management. Submit everything through your online account and be prepared to explain the situation in detail if they call you for a phone interview.

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Wait, they do phone interviews for quit cases? I thought it was just paperwork review. How long do those usually take?

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The NYS Department of Labor system is so backed up right now, I've been waiting 6 weeks for my adjudication decision! At least you quit for a legitimate reason though. I'm dealing with getting fired and trying to prove it wasn't for misconduct. The whole process is just exhausting and they make it nearly impossible to actually talk to a human being when you have questions.

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I actually found a service called Claimyr that helped me get through to an actual NYS Department of Labor agent when I was stuck in adjudication hell. You can check them out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Basically they call on your behalf and get you connected to a real person instead of the automated system. I was skeptical at first but it actually worked and I was able to get clarification on my case status within a few days instead of waiting weeks.

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good luck! the adjudication process is nerve wracking but if you have documentation you should be fine

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Just to add - while your case is under adjudication, make sure you're still filing your weekly claims. Even if the decision is pending, you need to maintain your claim to receive back payments once it's approved. Also, you'll need to be actively job searching and logging those activities, so start that process now if you haven't already.

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Oh good point about the weekly claims! I was wondering if I should keep doing those. Thank you for all the helpful advice, feeling much more confident about my case now.

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Drake

I went through something similar a few months ago when I quit due to workplace harassment. The key thing that helped my case was keeping a detailed log of incidents with dates, times, and any witnesses. I also saved screenshots of my original job posting that showed my expected schedule versus what was actually happening. NYS Department of Labor took about 4 weeks to make their decision, but they did approve my claim once they reviewed all the evidence. Don't give up - schedule changes that interfere with childcare arrangements are definitely considered good cause under NY law. Make sure to emphasize how the sudden changes made it impossible for you to fulfill your parental responsibilities.

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I'm currently going through a similar situation with my unemployment claim after quitting due to unsafe working conditions at my previous job. From what I've learned through this process, the NYS Department of Labor really values contemporaneous documentation - meaning records you kept at the time the issues were happening, not just statements you write afterward. In addition to the text messages you mentioned, see if you can get any emails or written communications about your schedule. Also, if you have any childcare receipts or documentation that shows how the schedule changes affected your arrangements, that could really strengthen your case. The adjudication process is definitely stressful, but it sounds like you have legitimate grounds for good cause. Stay persistent with the documentation and keep filing those weekly claims!

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That's really helpful advice about contemporaneous documentation! I'm new to this whole unemployment process and didn't realize how important it was to have records from when things were actually happening. I do have some childcare receipts that show the extra costs I incurred when my schedule kept changing - like having to pay for last-minute babysitting when I couldn't get my regular sitter. Would those be useful to include with my claim? Also, did you end up needing to do a phone interview for your unsafe working conditions case, or was it just based on the paperwork you submitted?

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Those childcare receipts are absolutely worth including! Any documentation that shows the financial impact and burden the schedule changes caused will help demonstrate that quitting was your only reasonable option. I did end up having a phone interview about 3 weeks into my adjudication process - it lasted about 15 minutes and they mainly wanted me to walk through the timeline of events and confirm the details I had submitted in writing. The interviewer was actually pretty understanding once I explained everything. Just be prepared to clearly articulate how the schedule changes made it impossible to continue working despite any efforts you made to resolve the situation with your employer.

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I'm dealing with a similar situation right now - had to quit my job because my employer kept changing my work location with no notice, making my commute impossible with public transit. It's been really encouraging to read everyone's experiences here! One thing I learned from my case worker is that NYS Department of Labor also considers it good cause if the job changes violate the terms of your original employment agreement. So if you were hired with the understanding of a consistent schedule and they completely changed that, it strengthens your case. The waiting is definitely the hardest part, but it sounds like you have solid documentation. Keep your chin up - the system does work when you have legitimate reasons like yours!

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That's such a great point about the original employment agreement! I never thought about it that way, but you're absolutely right - I was hired with the understanding that I'd have a consistent schedule that would allow me to arrange proper childcare. The constant last-minute changes definitely violated what we agreed to when I took the job. It's really reassuring to hear from everyone who has been through similar situations. The waiting is definitely nerve-wracking, but reading all these success stories gives me hope that my case will work out too. Thank you for sharing your experience!

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I went through this exact same situation about 8 months ago - retail manager constantly changing my schedule at the last minute, making childcare a nightmare. The good news is that NYS Department of Labor absolutely recognizes this as good cause for quitting! What really helped my case was creating a timeline document that showed my original schedule versus all the changes, along with screenshots of the text messages. I also included a brief statement from my daycare provider confirming how the schedule changes affected my childcare arrangements. My adjudication took about 5 weeks, but I was approved. The key is being thorough with your documentation and clearly explaining how the schedule changes made it impossible to continue working. You've got this!

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