NYS Department of Labor unemployment benefits if I quit my job because of harassment - am I eligible?
I've been dealing with sexual harassment from my supervisor for months and finally couldn't take it anymore. I documented everything and reported it to HR twice but they basically did nothing except tell me they'd 'look into it.' The harassment actually got worse after I complained. I ended up quitting last week because I couldn't handle going to work anymore. Can I still collect unemployment benefits from NYS Department of Labor even though I quit? I heard you can get benefits if you quit for 'good cause' but I'm not sure if harassment counts. Has anyone been through this situation before?
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Harper Hill
Yes, you can potentially qualify for unemployment benefits if you quit due to harassment. NYS Department of Labor considers this 'constructive dismissal' or quitting for good cause. You'll need to prove the harassment occurred and that you tried to resolve it through proper channels first. Make sure you have all your documentation ready - emails, witness statements, HR complaints, etc. When you file your claim, be very detailed about the harassment and your attempts to address it.
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Lucas Adams
•Thank you! I do have screenshots of inappropriate texts he sent me and copies of my HR complaints. Should I mention all of this when I file online or wait until they ask for details?
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Caden Nguyen
same thing happened to my friend last year. she quit because of her creepy manager and got approved for benefits. took a while though because they had to investigate everything
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Avery Flores
The key is proving you had no reasonable alternative but to quit. NYS Department of Labor will look at whether you exhausted all internal remedies before leaving. Since you reported to HR twice and the situation got worse, that strengthens your case significantly. When you file your initial claim, select 'quit job' but then explain in the comments section that it was due to workplace harassment that created an unsafe work environment.
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Zoe Gonzalez
•What if HR never responded in writing to the complaints? Would that hurt the case or actually help show they weren't taking it seriously?
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Ashley Adams
I tried calling NYS Department of Labor about this exact situation but could never get through to speak with someone. The automated system doesn't really cover harassment cases clearly. If you need to actually talk to an agent about your specific circumstances, I ended up using claimyr.com to get connected. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was super helpful for getting my questions answered about constructive dismissal.
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Lucas Adams
•Thanks for the tip! I definitely want to talk to someone before I file to make sure I explain everything correctly.
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Alexis Robinson
The unemployment system is so broken. Even when you have legitimate reasons to quit they make you jump through hoops to prove it. Meanwhile the harasser probably still has their job and will do it to someone else. Sorry you had to go through this.
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Aaron Lee
Hope this helps! I quit my retail job for similar reasons (different type of harassment) and got benefits approved after about 6 weeks. The adjudication process takes time because they have to contact your former employer and investigate. Just be completely honest and provide every piece of documentation you have.
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