NYS Department of Labor unemployment eligibility if I left my job voluntarily - am I disqualified?
I recently left my position at a retail company because of some ongoing issues with management and I'm wondering if I can still file for unemployment benefits through NYS Department of Labor. I know there are rules about quitting versus being fired but I'm not sure what applies to my situation. The work environment had become really toxic and I felt like I had no choice but to leave for my mental health. Does anyone know if voluntary resignation automatically disqualifies you from UI benefits or are there exceptions? I really need the financial support while I look for something new.
10 comments


Kristin Frank
Generally speaking, if you voluntarily quit your job you won't be eligible for unemployment benefits unless you can prove you had 'good cause' for leaving. NYS Department of Labor has specific criteria for what constitutes good cause - things like unsafe working conditions, harassment, significant changes to your job duties or pay. You'll need to file a claim and explain your reasons during the adjudication process. They'll investigate and make a determination.
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Jabari-Jo
•What kind of evidence would I need to show for the good cause? I have some text messages from coworkers about the situation but not much else documented.
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Micah Trail
i quit my last job too and got denied initially but then appealed and won. you have to really explain why you HAD to leave, not just wanted to. mental health can count if you can show it was directly caused by work conditions
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Nia Watson
The key is proving constructive discharge - that staying would have been unreasonable for any person in your situation. NYS Department of Labor looks at whether you tried to resolve the issues first, whether the employer was aware of the problems, and if the conditions were truly intolerable. Document everything you can remember with dates and witnesses. File your claim anyway - worst case they deny it but you might be surprised.
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Alberto Souchard
•This is really helpful advice. I had a similar situation last year and wish I had known about the constructive discharge angle when I first applied.
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Katherine Shultz
If you're having trouble getting through to NYS Department of Labor to discuss your specific situation, I used a 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 really helpful when I needed to explain my complicated work situation and get guidance on whether my circumstances would qualify.
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Jabari-Jo
•Thanks for sharing this! I've been trying to call for days with no luck. Did they charge a lot for the service?
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Katherine Shultz
•They focus more on the value of actually reaching someone rather than cost. For me it was worth it because I needed answers about my claim status and couldn't get through any other way.
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Marcus Marsh
The unemployment system is so frustrating!! They make it seem like once you quit you're automatically screwed but there are definitely exceptions. I know someone who quit because their boss was making racist comments and they got approved after the investigation. Just be really detailed about WHY you had to leave when you file.
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Hiroshi Nakamura
I went through something similar about 6 months ago. The key thing I learned is that NYS DOL really does look at each case individually when it comes to voluntary quits. Mental health issues caused by a toxic work environment can definitely qualify as good cause, but you need to be prepared to explain how you tried to address the problems first. Did you talk to HR, your supervisor, or document any incidents? Even if you don't have tons of written evidence, they'll still review your case. I'd recommend filing the claim and being very thorough in explaining the timeline of events that led to your decision to leave. The worst they can do is deny it, but you might be surprised - and you can always appeal if needed.
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