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Kennedy Morrison

NYS Department of Labor unemployment benefits if an employee quits - am I eligible?

I'm in a really tough spot and thinking about quitting my job due to some serious workplace issues. My supervisor has been creating a hostile work environment and I'm getting written up for things that aren't my fault. Before I make this decision, I need to know - if an employee quits are they eligible for unemployment benefits through NYS Department of Labor? I've heard conflicting things and can't afford to be without income. Has anyone been through this situation before?

Wesley Hallow

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Generally, if you quit voluntarily, you're not eligible for unemployment benefits. However, NYS Department of Labor recognizes 'good cause' reasons for quitting that can make you eligible. This includes things like unsafe working conditions, harassment, significant changes to your job duties, or constructive discharge situations. You'd need to document everything and be prepared to prove your case during the adjudication process.

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What kind of documentation would I need? I have some emails but not sure if that's enough to prove harassment.

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Justin Chang

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I quit my last job because of a toxic manager and initially got denied by NYS Department of Labor. But I appealed the decision with documentation of the harassment and eventually got approved. The key is proving you had 'compelling circumstances' that would make any reasonable person quit. Keep detailed records of incidents, dates, witnesses, and any complaints you filed with HR.

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Grace Thomas

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How long did the appeal process take? I'm thinking about quitting but worried about the timing.

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DON'T QUIT unless you absolutely have to! I made this mistake last year and it took months to get my benefits sorted out. Even with good cause, NYS Department of Labor puts the burden of proof on you. Try talking to HR first or looking for another job while you're still employed. If you must quit, document EVERYTHING and consider consulting with an employment lawyer first.

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I've already tried HR twice and they basically told me to deal with it. I'm actively job hunting but nothing yet.

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Dylan Baskin

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If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent when I couldn't get through their phone lines. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting disconnected. Might be worth checking out before you make any major decisions.

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Justin Chang

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That's actually really helpful. I spent weeks trying to get someone on the phone when I was dealing with my appeal.

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Lauren Wood

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yeah i quit my retail job last month and got denied right away... apparently being scheduled for impossible hours doesnt count as good cause according to NYS Department of Labor even though I couldnt find childcare

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Wesley Hallow

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Actually, significant schedule changes that create hardship can be good cause for quitting. You might want to appeal that decision if you documented the schedule issues and how they affected your ability to work.

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Ellie Lopez

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This reminds me of when I had to leave my job because they moved locations and I couldn't commute that far. NYS Department of Labor approved my claim because it was considered a substantial change in working conditions. Every situation is different though - the adjudication process really looks at the specific details of why you quit.

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