NYS Department of Labor unemployment claim - how to win unemployment claim for hostile work environment?
I quit my job three months ago because my supervisor was creating an impossible work situation. She would yell at me in front of customers, changed my schedule last minute constantly, and made comments about my appearance that made me uncomfortable. I documented everything but when I complained to HR they said there wasn't enough evidence. I finally had to quit for my mental health but now NYS Department of Labor denied my unemployment claim saying I quit voluntarily. How do I appeal this and prove it was constructive dismissal? I really need these benefits while I look for new work.
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Olivia Kay
You'll need to prove 'good cause' for quitting to win your appeal. For hostile work environment claims, NYS Department of Labor looks for documented evidence that working conditions were so intolerable that a reasonable person would quit. Gather all your documentation - emails, witness statements, HR complaints, anything showing the pattern of harassment. File your appeal within 30 days and request a hearing.
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Henry Delgado
•I have screenshots of some texts from my supervisor and a coworker who witnessed the yelling. Is that enough documentation for the hearing?
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Joshua Hellan
ugh same thing happened to me last year, toxic manager made my life hell but unemployment said since I quit I wasn't eligible. took forever to get through to anyone at NYS Department of Labor to even explain my side
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Jibriel Kohn
•If you're having trouble reaching NYS Department of Labor by phone, I found this service called Claimyr (claimyr.com) that helps you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me when I was stuck in adjudication hell.
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Edison Estevez
Wait I'm confused - I thought if you quit you automatically can't get unemployment? How does constructive dismissal work exactly? My boss has been making my life miserable too but I'm scared to quit because I need the income.
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Olivia Kay
•Constructive dismissal means working conditions became so bad that quitting was your only reasonable option. NYS Department of Labor can approve benefits if you prove good cause. But document everything first before you make any decisions about quitting.
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Emily Nguyen-Smith
The burden of proof is really high for these cases unfortunately. You need to show you tried to resolve the situation through proper channels first and that the employer knew about the problems but didn't fix them. Having witnesses and written documentation is crucial for your appeal hearing.
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Henry Delgado
•I did file a complaint with HR about 6 weeks before I quit, and they basically brushed it off. Would that help show I tried to resolve it internally?
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James Johnson
good luck with that, the system is rigged against workers. I had a slam dunk case with documented harassment and they still denied me initially. Took 4 months of appeals to finally get approved
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Ethan Taylor
I went through a similar situation last year and won my appeal. The key is being very specific about how the hostile environment affected your ability to do your job. Don't just list incidents - explain how each one made it impossible to continue working there. Also, if you have any medical documentation showing stress or anxiety from the situation, that can really strengthen your case. The hearing officer wants to see that you exhausted all reasonable options before quitting. Keep pushing - these cases can be won with the right evidence and presentation.
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Roger Romero
•@Ethan Taylor This is really helpful advice, thank you! Did you have to get a lawyer for your hearing or were you able to represent yourself? I m'worried about the cost but also don t'want to mess up my one chance at appeal.
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