NYS Department of Labor unemployment eligibility after quitting job - any exceptions?
I'm in a really tough spot with my current job and wondering if there's any way to quit and still qualify for unemployment benefits through NYS Department of Labor. I know generally you can't get benefits if you quit voluntarily, but I've heard there might be some exceptions? My workplace has become pretty hostile and I'm dealing with some personal issues that make continuing really difficult. Has anyone successfully gotten unemployment after quitting in NY? What would I need to prove to NYS Department of Labor?
22 comments


Hailey O'Leary
Generally, you can't get unemployment if you quit voluntarily, but NYS Department of Labor does recognize 'good cause' exceptions. Hostile work environment can qualify, but you need solid documentation. Start keeping records of schedule changes, any written communications with management, and witness statements if possible. You'll need to prove the conditions were so bad that a reasonable person would have quit.
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Marcus Marsh
•What counts as solid documentation? I have some text messages from my supervisor about schedule changes but not much else in writing.
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Cedric Chung
i quit my last job and tried to get benefits but they denied me. took forever to get through the adjudication process just to get told no. unless you have really good reasons with proof i wouldn't count on it
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Yuki Sato
There are actually some limited circumstances where you can quit and still get unemployment in NY. NYS Department of Labor recognizes 'good cause' reasons including workplace harassment, unsafe working conditions, significant changes to your job duties or pay, or certain personal reasons like domestic violence. You'd need to document everything thoroughly and be prepared to explain your situation during the adjudication process.
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StarStrider
•That's really helpful! What kind of documentation would I need for workplace harassment? I've been keeping some emails but wasn't sure if that would be enough for NYS Department of Labor.
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Carmen Ruiz
i quit my last job and got denied immediately, they said voluntary separation = no benefits. had to appeal and it took forever
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Talia Klein
Before you quit, try to document everything and consider filing complaints with your company's corporate office or even the Department of Labor for wage and hour violations if the schedule changes are affecting your pay. If you can show you tried to resolve the issue through proper channels first, it strengthens your case for good cause. Also, look into constructive discharge - if they're making conditions so bad you're forced to quit, that's different than voluntary resignation.
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Maxwell St. Laurent
•This is really helpful advice. I didn't know about constructive discharge. How do you prove that though? Like what's the difference between just a bad job and something that would qualify?
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Andre Lefebvre
The key is proving 'good cause attributable to the employer' to NYS Department of Labor. This could include constructive dismissal situations where they make your job impossible to continue. Document everything - emails, texts, witnesses, dates and times of incidents. You'll likely face an adjudication period where they investigate your claim. Also consider filing complaints with appropriate agencies (OSHA for safety, EEOC for harassment) as this strengthens your case.
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StarStrider
•Should I file those complaints before or after I quit? I don't want to hurt my chances but also don't want to stay in this situation much longer.
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Andre Lefebvre
•File complaints while still employed if possible. It shows you tried to address the issues through proper channels before quitting, which NYS Department of Labor likes to see.
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PaulineW
I had a similar situation last year where I couldn't get through to NYS Department of Labor to ask about my options before quitting. The phone lines are always busy and their online chat never worked for me. I ended up using Claimyr (claimyr.com) to actually reach an agent who could explain the good cause requirements. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what documentation I needed before making any decisions.
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Marcus Marsh
•Thanks for the suggestion! I'll check that out. Did you end up quitting or were you able to work something out?
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Zoe Alexopoulos
OMG this is exactly what I'm going through! My manager has been making my life hell and I'm so stressed I can barely function. Did you try talking to HR first? I'm scared if I quit I won't be able to pay my bills while waiting for unemployment to maybe get approved.
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StarStrider
•I did try HR but they basically brushed it off. That's part of why I'm considering quitting - feels like there's no internal solution.
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Annabel Kimball
Look into harassment or discrimination angles too. If the schedule changes are targeting you specifically or if there's any protected class issues involved, document that. NYS Department of Labor takes those cases more seriously. But honestly the system is set up to deny quit cases so have a backup plan.
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Chris Elmeda
good luck but don't hold your breath, they reject most voluntary quit claims even with documentation
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Jamal Anderson
I was in a similar situation last year and couldn't get through to NYS Department of Labor for weeks to even ask about my options. Finally found this service called Claimyr (claimyr.com) that helped me actually reach a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was super helpful to get direct answers about whether my situation qualified as good cause before I made any decisions.
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StarStrider
•That sounds really useful - I've been dreading trying to call NYS Department of Labor because I know how hard it is to get through.
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Carmen Ruiz
•never heard of that but anything that helps with those impossible phone lines sounds worth trying
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Mei Wong
Just want to say be really careful about this decision. Even if you think you have good cause, NYS Department of Labor can be unpredictable about approvals. Maybe try taking FMLA leave first if your situation qualifies? That might buy you time to figure out other options.
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Zoe Dimitriou
I've been through this exact situation and want to share what I learned. NYS Department of Labor does have "good cause" exceptions, but the bar is pretty high. For hostile work environment, you need more than just feeling uncomfortable - you need documented harassment, safety violations, or significant changes to your job terms. I'd recommend keeping a detailed log with dates, times, witnesses, and any written evidence (emails, texts, policy changes). Also consider if there are any protected class issues involved (discrimination based on race, gender, etc.) as those strengthen your case. Before quitting, try to exhaust internal remedies first - file complaints with HR, document their responses (or lack thereof), and consider reaching out to relevant agencies like OSHA or EEOC. This shows you made good faith efforts to resolve the situation. The appeals process can take months, so make sure you have a financial backup plan. Good luck!
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