NYS Department of Labor unemployment eligibility if someone quits their job - what are the rules?

Yes, you can potentially get unemployment benefits even if you quit, but NYS Department of Labor requires that you had 'good cause' for quitting. This includes things like unsafe working conditions, harassment, discrimination, or if your employer changed your job duties or pay significantly. Your sister would need to document the hostile work environment - emails, witness statements, complaints she filed with HR, etc. When she files her claim, she'll need to explain why she quit and provide evidence.

I quit my job for similar reasons and got approved for benefits. The key is being really detailed when you file your claim about WHY you quit. Don't just say 'hostile workplace' - explain specific incidents, dates if you remember them, and what you tried to do to fix it. NYS Department of Labor adjudicators need concrete examples.

Just a heads up - even if she gets approved, her former employer might appeal the decision. A lot of companies fight unemployment claims when someone quits because it affects their unemployment insurance rates. She should be prepared for that possibility and keep all her documentation organized.

I've been trying to get through to NYS Department of Labor for weeks about my own claim situation and it's impossible! If your sister needs to talk to someone about her specific case, I recently found this service called Claimyr (claimyr.com) that helps you actually get through to agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration after being hung up on like 20 times.

The system is so messed up honestly. They make it nearly impossible to get benefits even when you have legitimate reasons for quitting. I hope your sister gets approved but don't be surprised if they deny her first and she has to appeal. That's just how they operate - deny first, ask questions later.

Your sister should definitely apply - don't let her assume she's not eligible just because she quit. I work in HR and see this situation a lot. NYS Department of Labor specifically recognizes hostile work environment as good cause for quitting under Section 593 of the labor law. The key things she should gather before filing: any texts or emails showing the hostile behavior, names of coworkers who witnessed incidents, documentation of any complaints she made (even informal ones), and a detailed timeline of events. She should file as soon as possible since there's usually a waiting period anyway. Even if the initial decision takes time, she won't get benefits for weeks she doesn't claim. The worst they can say is no, but she might be surprised and get approved.

I went through something similar with NYS Department of Labor last year. One thing that really helped my case was writing down everything I could remember about the hostile incidents - even small details like dates, times, and exactly what was said. I also reached out to former coworkers who witnessed some of the behavior and asked if they'd be willing to provide statements if needed. The adjudicator told me later that having multiple sources backing up my story made a big difference. Your sister should also keep records of her job search efforts since she'll need to show she's actively looking for work. The whole process was stressful but definitely worth it - I ended up getting approved after the initial review. Tell her not to get discouraged if it takes a while to hear back!