NYS Department of Labor unemployment benefits if you quit your job - any exceptions?
I've been working at this retail chain for almost two years but the working conditions have gotten really bad lately. Management changed and now they're scheduling me for split shifts with only 4 hours between them, which means I can't get a second job or go to school like I planned. My supervisor also makes inappropriate comments and HR hasn't done anything about it even though I've reported it twice. I'm thinking about quitting but I need to know - can you draw unemployment in New York if you quit your job? I heard there might be some exceptions for hostile work environments or if they change your job conditions drastically. Has anyone successfully gotten NYS Department of Labor benefits after quitting? I really can't afford to be without income but I also can't keep working in these conditions.
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Elijah Brown
Generally, if you voluntarily quit your job you won't qualify for unemployment benefits in New York. However, NYS Department of Labor does recognize 'good cause' exceptions. This includes unsafe working conditions, harassment, significant changes to your job duties or schedule without your agreement, or constructive discharge situations. You'd need to document everything - keep records of the inappropriate comments, your HR complaints, schedule changes, etc. When you file your claim, you'll need to explain why you quit and provide evidence that it was for good cause.
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Zoe Walker
•Thank you! I do have screenshots of my schedule changes and emails to HR. Should I try to get more documentation before I quit or file the complaint after?
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Maria Gonzalez
I quit my job last year because my boss was making my life hell and I did get approved for benefits eventually. BUT it took forever - like 8 weeks of adjudication where they investigated everything. NYS Department of Labor really scrutinizes quit cases. They called my former employer, asked for all kinds of documentation, and I had to do a phone interview. Make sure you have EVERYTHING documented before you quit because you can't go back and get evidence later.
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Zoe Walker
•8 weeks?? That's so long! How did you survive financially during that time? I'm already living paycheck to paycheck.
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Maria Gonzalez
•It was rough, not gonna lie. I had to borrow money from family and pick up some gig work. But once they approved it I got all the back pay from when I first filed.
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Natalie Chen
Wait, are you sure about the split shift thing being good cause? I thought in NY they could pretty much schedule you however they want as long as they give you the minimum rest period between shifts. The harassment stuff definitely sounds like it could qualify though, especially if you reported it and they didn't fix it.
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Elijah Brown
•You're partially right - employers do have scheduling flexibility, but if they significantly change your working conditions from what you were originally hired for, that can sometimes qualify as good cause. It's very fact-specific though and NYS Department of Labor looks at the totality of circumstances.
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Santiago Martinez
The system is so messed up. I had a friend who got sexually harassed at work, reported it multiple times, nothing happened, so she quit. NYS Department of Labor STILL denied her claim initially because they said she should have tried harder to resolve it internally first. She had to appeal and get a lawyer involved. Meanwhile her harasser is probably still there bothering other women. It's disgusting.
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Samantha Johnson
•ugh that's awful but not surprising. the whole unemployment system seems designed to deny claims first and ask questions later
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Nick Kravitz
If you're having trouble getting through to NYS Department of Labor to discuss your situation (which you probably will be since their phone lines are always swamped), I recently discovered this service called Claimyr that helped me reach an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was super helpful for getting my adjudication questions answered when I couldn't get through on my own.
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Zoe Walker
•Thanks, I'll look into that. I've already tried calling NYS Department of Labor a few times and either get busy signals or get disconnected after waiting on hold forever.
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Hannah White
honestly just quit if the job is making you miserable, life's too short. you'll figure out the money situation somehow
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Zoe Walker
•I wish it was that simple but I have rent and student loans to pay. I need to know I'll have some income coming in.
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