NYS Department of Labor unemployment if you quit a job - what are the rules?
I've been working at this retail job for about 8 months and the management is absolutely terrible. They keep changing my schedule last minute, my supervisor is verbally abusive, and I'm pretty sure they're violating labor laws. I'm thinking about quitting but I need to know - can I still get unemployment benefits through NYS Department of Labor if I quit? I can't afford to be without income but I also can't keep working in this toxic environment. What counts as 'good cause' for quitting in New York?
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Omar Zaki
Generally speaking, if you quit your job voluntarily, you won't be eligible for unemployment benefits. However, NYS Department of Labor does recognize certain situations as 'good cause' for quitting. This includes things like unsafe working conditions, harassment, significant changes to your job that weren't part of your original agreement, or if your employer violated labor laws. You'll need to document everything - keep records of the schedule changes, any written communications about the abusive behavior, and evidence of labor law violations. When you file your claim, you'll need to explain why you quit and provide this documentation.
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Freya Andersen
•Thanks for the info! I've been keeping screenshots of the schedule changes and I have some text messages from my supervisor that are pretty bad. Should I file a complaint with the labor department first or can I quit and then file for unemployment?
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CosmicCrusader
i quit my last job because of a hostile work environment and got denied for unemployment initially but then i appealed it and won. the key is having proof that you tried to resolve the issues first. did you talk to HR or anyone higher up about the problems?
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Freya Andersen
•We don't really have HR - it's a small store. I did talk to the district manager once but nothing changed. How long did your appeal take?
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CosmicCrusader
•took about 6 weeks but it was worth it. make sure you document that conversation with the district manager too
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Chloe Robinson
Before you quit, you might want to try calling NYS Department of Labor directly to discuss your specific situation. The problem is that reaching them by phone can be nearly impossible with their high call volume. I recently discovered a service called Claimyr (claimyr.com) that helps you get through to actual NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It might be worth talking to an agent about your situation before you make any decisions about quitting.
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Diego Flores
•Never heard of that service but honestly anything that helps you actually talk to someone at NYS Department of Labor sounds useful. I've been trying to get through for weeks about my own claim issues.
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Anastasia Kozlov
THE SYSTEM IS RIGGED AGAINST WORKERS! They make it so hard to prove 'good cause' that most people who quit for legitimate reasons get screwed over. I had a friend who quit because her boss was sexually harassing her and it still took MONTHS to get approved. Document everything but prepare for a fight with NYS Department of Labor.
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Sean Flanagan
•That's horrible about your friend. The whole system definitely needs reform but you can still win if you have the right documentation.
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Zara Mirza
Wait, so if they're changing your schedule all the time, isn't that constructive dismissal or something? I thought that was different from just quitting.
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Omar Zaki
•You're thinking along the right lines. Constructive dismissal is when working conditions become so intolerable that a reasonable person would feel forced to quit. In New York, this can qualify as good cause for leaving. The key is showing that the employer's actions made it impossible to continue working there.
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