NYS Department of Labor unemployment benefits - if you leave a job can you get unemployment?
I'm thinking about leaving my retail job because my manager has been cutting my hours from 40 to maybe 15 per week for the past month. It's getting impossible to pay my bills. But I'm worried if I quit I won't be able to get unemployment benefits from NYS Department of Labor. Does anyone know the rules about this? Can you get UI if you voluntarily leave your job or do you have to be fired? I've been working there for almost 2 years and this hour reduction is really hurting me financially.
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CosmicCowboy
Generally you can't get unemployment if you quit voluntarily, but there are exceptions. If you can prove you had 'good cause' to leave - like a significant reduction in hours, unsafe working conditions, or harassment - you might still qualify. The hour reduction you're describing could potentially qualify as good cause. You'd need to document everything though.
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Oliver Becker
•That's helpful, thank you. What kind of documentation would I need? I don't have anything in writing about the hour cuts.
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Natasha Orlova
NYS Department of Labor considers a reduction of hours to be 'constructive dismissal' in some cases. If your hours were cut by more than 20% from your normal schedule, that could be grounds for good cause. You'll want to file your claim as soon as possible after leaving and be prepared to explain the situation during the adjudication process. Keep any texts, emails, or schedule changes that show the hour reduction.
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Javier Cruz
•This is exactly what happened to my friend last year. She went from full time to part time and NYS Department of Labor approved her claim after adjudication. Took about 3 weeks but she got benefits.
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Emma Thompson
Wait, I'm confused. I thought if you quit you automatically can't get unemployment? This is news to me. I've been staying at a terrible job because I thought I'd lose my benefits if I left.
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CosmicCowboy
•It's not automatic disqualification if you have good cause. The key is being able to prove the employer essentially forced you to quit through their actions. Hour reduction, wage cuts, hostile work environment - these can all be good cause depending on the circumstances.
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Malik Jackson
I've been dealing with NYS Department of Labor for months trying to get through on their phone lines about my claim status. If you do decide to file, be prepared for long wait times and difficulty reaching anyone. I actually found this service called Claimyr (claimyr.com) that helped me get through to an actual agent - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected.
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Oliver Becker
•Good to know about the phone issues. How much does that service cost?
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Malik Jackson
•I'd rather not get into pricing but it was worth it for me to actually talk to someone instead of spending days trying to get through myself.
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Isabella Costa
just quit and file anyway, worst they can do is say no right??
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Natasha Orlova
•That's not great advice. If you file without good cause and get denied, it can affect future claims. Better to understand the rules first and document your situation properly.
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StarSurfer
Same thing happened to me at my restaurant job. Manager started scheduling me for like 10 hours a week total, all split shifts that made it impossible to get another job. I documented everything and when I finally quit, NYS Department of Labor approved my claim after adjudication. The key was showing that the hour reduction made the job unsuitable.
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