NYS Department of Labor unemployment eligibility if you leave your job voluntarily

Generally speaking, if you quit your job voluntarily, you won't be eligible for unemployment benefits. However, NYS Department of Labor does recognize something called 'constructive dismissal' or quitting for 'good cause.' This includes situations where working conditions are unsafe, harassment, significant changes to your job duties, or substantial reduction in hours or pay. You'd need to document everything - keep records of your complaints to management, any safety violations, medical records if you were injured. The key is proving you had no reasonable alternative but to quit.

I went through something similar last year. My boss was making the workplace hostile and I finally had to quit. When I filed for unemployment, NYS Department of Labor initially denied my claim because I voluntarily left. But I appealed with documentation of the harassment and unsafe conditions. It took about 6 weeks but they eventually approved my benefits. The process was frustrating but worth it. Make sure you have everything documented before you quit - emails, photos of unsafe conditions, witness statements if possible.

wait so you CAN get unemployment if you quit?? I thought that was like the one rule everyone knew - you quit, no benefits. this is news to me

I had a really hard time getting through to NYS Department of Labor when I needed to explain my situation after quitting. The phone lines are always busy and when you do get through, they don't always understand the nuances of constructive dismissal cases. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could review my case properly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful because I needed to explain the complex circumstances around why I had to leave my job.

ugh the whole system is so frustrating. why do they make it so hard to get help when you're already in a bad situation? like if your job is treating you badly enough that you have to quit for your health and safety, shouldn't that be obvious grounds for unemployment??

Just to add - if you do decide to quit, make sure you exhaust all internal remedies first. NYS Department of Labor will want to see that you tried to resolve the issues through proper channels before leaving. Document your attempts to address the problems with management, HR, or union representatives if applicable. Also, if you have any medical documentation related to workplace injuries or stress, keep copies of everything. The appeals process can take time but many people do win these cases when they have proper documentation.

I actually had a similar experience with unsafe working conditions at my previous job. One thing that really helped my case was taking photos of the safety hazards when possible - like the heavy boxes without proper lifting equipment you mentioned. I also kept a detailed diary of every incident, including dates and any witnesses present. When I finally did quit and applied for unemployment, I made sure to explicitly state in my application that I left due to "unsafe working conditions" rather than just saying I quit voluntarily. The initial review can take several weeks, but don't get discouraged if they deny you at first - many of these cases get approved on appeal when you have good documentation. Also, consider filing a complaint with OSHA about the safety issues regardless of your unemployment claim, as that creates an official record that can support your case.