NYS Department of Labor unemployment benefits - does it matter if you were fired vs quit?
I'm confused about something and hoping someone can clarify. My friend got fired from her job last month and filed for unemployment right away. I quit my job around the same time because my boss was making the workplace hostile, but I haven't filed yet because I heard you can't get benefits if you quit. But then I read somewhere that if you quit for good cause you might still qualify? Does NYS Department of Labor treat being fired differently than quitting when it comes to unemployment benefits? I'm worried I waited too long to apply but also don't want to waste my time if quitting automatically disqualifies me.
13 comments
Join the conversation
Oliver Wagner
Yes, there's definitely a difference in how NYS Department of Labor handles fired vs quit situations. If you were fired, you're generally eligible unless it was for misconduct. If you quit, you need to prove you had 'good cause' - things like unsafe working conditions, harassment, or significant changes to your job terms. Hostile workplace could qualify as good cause if you can document it. You should still apply even if you quit - let them make the determination during adjudication.
0 coins
GalaxyGazer
•Thank you! I do have some emails showing the hostile behavior. Should I include those when I file my claim?
0 coins
Natasha Kuznetsova
I was in a similar situation last year. Got fired for 'performance issues' but it was really because I complained about safety violations. NYS Department of Labor approved my claim after about 3 weeks of adjudication. They interviewed both me and my former employer. The key is being honest about what happened and providing any documentation you have.
0 coins
Javier Mendoza
•That's good to hear! How long did the whole process take from filing to getting your first payment?
0 coins
Natasha Kuznetsova
•About 5 weeks total. The adjudication took 3 weeks, then once approved it was another week or two for the first payment to hit my account.
0 coins
Emma Thompson
honestly the whole system is so confusing... i quit my job because they kept changing my schedule with no notice and i couldnt arrange childcare. never even tried to file because everyone said quitting = no benefits. wish id known about the good cause thing earlier
0 coins
Oliver Wagner
•You might still be able to file depending on when you quit. There are time limits but it's worth checking. Schedule changes that interfere with your ability to work can sometimes qualify as good cause.
0 coins
Javier Mendoza
The distinction is important but filing can be tricky either way. I had trouble getting through to someone at NYS Department of Labor to explain my situation when my claim went into adjudication. Kept getting disconnected after waiting on hold for hours. Eventually used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful when I could actually talk to someone who could look at my case.
0 coins
GalaxyGazer
•That sounds really helpful! Did they charge you for that or is it free?
0 coins
Javier Mendoza
•There's a cost but honestly it was worth it to avoid the phone runaround. Saved me weeks of frustration trying to get answers about my adjudication.
0 coins
Malik Davis
bottom line - NYS DOL looks at each case individually. fired for cause = probably denied. fired for no good reason = probably approved. quit with good cause = maybe approved. quit just because = probably denied. but you never know until you try
0 coins
Isabella Santos
This whole thread is making me second guess my situation... I got laid off but my employer said it was a 'termination for business reasons' on my paperwork. Is that considered fired or laid off? I'm so worried they classified it wrong and it'll affect my benefits. Already been waiting 2 weeks for my claim to process and I'm starting to panic about paying rent.
0 coins
Oliver Wagner
•Laid off and 'termination for business reasons' are essentially the same thing - both should qualify you for benefits. That's very different from being fired for cause or misconduct. Your claim delay is probably just normal processing time, not an issue with your eligibility.
0 coins