Unemployment Benefits in New York After Being Fired or Quitting Over Harassment

Under New York State law, being fired disqualifies a person from unemployment benefits when the job was lost through misconduct in connection with the employment, and quitting disqualifies a person when the separation was voluntary and without good cause.⁠^[1][2] The rules on this page are New York State rules, found in the Labor Law and in statements of the State Department of Labor.

This guide covers the two disqualification rules, what the sources say about leaving a job because of harassment or discrimination, how the maximum benefit is set, the effect of severance, and the notice an employer has to give.

What does the statute say about firing and quitting?

How the job ended	Rule under New York State Labor Law § 593	How long the disqualification lasts
Fired	Disqualified if the claimant "lost employment through misconduct in connection with his or her employment".⁠[1]	Until the claimant has worked again and earned at least ten times the weekly benefit rate.⁠[1]
Fired for a felony connected with the job	Disqualified on conviction or signed admission.⁠[1]	Twelve months.⁠[1]
Quit	Disqualified if the separation was voluntary and "without good cause".⁠[2]	Until the claimant has worked again and earned at least ten times the weekly benefit rate.⁠[2]

A separate State provision caps the total: benefits are not paid in an amount greater than twenty-six times the claimant's weekly benefit rate in any benefit year, with exceptions listed in the statute.⁠^[8]

I was fired. Am I disqualified?

Under New York State Labor Law § 593(3), the disqualification after a firing is for misconduct in connection with the employment.⁠^[1] An employer in New York may generally end at-will employment for any reason or no reason, provided it is not illegal retaliation or discrimination, according to the State Department of Labor.⁠^[9] The unemployment statute asks a different question from whether the firing was lawful: whether the job was lost through misconduct.⁠^[1]

The subdivision does not list examples of misconduct.⁠^[1] This page does not describe what does and does not count. The guide to at-will employment in New York explains when a firing is unlawful.

I quit. What is "good cause"?

New York State Labor Law § 593(1) does not define good cause in a single sentence. It says a voluntary separation does not in itself disqualify a claimant if circumstances developed in the course of the employment that would have justified the claimant in refusing the job in the first instance, and it refers to "other circumstances that may be found to constitute good cause, including a compelling family reason".⁠^[2]

The State statute lists compelling family reasons, which include verified domestic violence, the illness or disability of an immediate family member, and following a spouse whose job moved.⁠^[2] For domestic violence, the statute covers a claimant who leaves because of domestic violence, verified by reasonable and confidential documentation, that causes the person reasonably to believe that continued employment would jeopardize their safety or the safety of an immediate family member.⁠^[10]

Is leaving because of harassment or discrimination good cause?

The State statute does not list sexual harassment by name.⁠^[3] What the Department of Labor has published is an interpretation index for voluntary separation that records two Appeal Board rulings relevant here:⁠^[4]

• "Being harassed and annoyed by co-workers to such an extent that health is adversely affected may be good cause for voluntary leaving."⁠^[4]
• "Discriminatory enforcement of company rule constitutes good cause for voluntary leaving of employment."⁠^[4]

The first entry says "may be"; it is not a rule that harassment always qualifies, and the index does not contain the words "sexual harassment".⁠^[4]

Good cause is not the same as constructive discharge

A discrimination case can treat a resignation as a firing under a doctrine called constructive discharge. Under federal law that test asks whether working conditions became so intolerable that a reasonable person in the employee's position would have felt compelled to resign.⁠^[11] That is a standard for discrimination claims, found in federal case law, while good cause is a term in the New York State unemployment statute.⁠^[11][2] See constructive discharge in New York and quit or stay: the legal consequences of each.

How is the weekly benefit set, and what is the maximum?

Under New York State Labor Law § 590(5), a claimant's weekly benefit amount is one twenty-sixth of the remuneration paid during the highest calendar quarter of the base period, for a claimant who was paid in all four calendar quarters of that period; the statute has a separate computation for other claimants.⁠^[5]

The same subdivision caps the weekly amount. On the first Monday of October 2026, and on the first Monday of October of each year after that, the maximum benefit amount is fifty percent of the state average weekly wage, and the statute says the maximum may not be reduced from the previous year.⁠^[5] A scheduled increase does not take place in a year in which the Commissioner of Labor determines that the unemployment fund balance has not reached a level stated in the statute.⁠^[8]

This page prints no dollar figure. The first Monday of October 2026 was October 5, 2026. As of that day, the Department of Labor's maximum benefit rate page still described the change that started on October 6, 2025, which the Department called the first change in the maximum since 2019, and it gave no figure for the new benefit year.⁠^[6] The Department of Labor's maximum benefit rate page is the place to check the current maximum.

Does severance affect benefits?

Under New York State Labor Law § 591(6), no benefits are payable for any week in a dismissal period for which the claimant receives dismissal pay that exceeds the claimant's maximum weekly benefit rate plus partial benefit credit.⁠^[7] Dismissal pay under that State rule does not include payments for pension, retirement, accrued leave or health insurance.⁠^[7]

There is a timing exception. The State rule does not apply to weeks in which the initial payment of dismissal pay is made more than thirty days from the last day of employment, and the Department of Labor's fact sheet says a person in that position will be able to receive benefits if they meet the other eligibility requirements.⁠^[7] For the release that can accompany severance, see severance agreements and releases.

What notice does my employer have to give me?

Under New York State Labor Law § 590(2), every employer liable for unemployment contributions has to inform each employee in writing, on a form furnished or approved by the Department of Labor, of the right to file an application for unemployment benefits.⁠^[12] The notice is due at the time of each permanent or indefinite separation, reduction in hours, temporary separation, and any other interruption of continued employment that results in total or partial unemployment.⁠^[12]

The Department of Labor says the law requiring this notice "at certain times" took effect on November 11, 2023, and that employees are to be notified using form IA 12.3.⁠^[12] A second State notice, giving the exact date of termination and the exact date employee benefits connected with the termination are canceled, is due no more than five working days after the date of termination.⁠^[13] Both are covered in the guide to final pay, health insurance and notices when a job ends.

Can an agreement with my employer take away unemployment benefits?

Two sources address this. Under New York State General Obligations Law § 5-336, a confidentiality term in a settlement of a discrimination, harassment or retaliation claim is void to the extent it restricts the complainant from filing or disclosing any facts necessary to receive unemployment insurance.⁠^[14] At the federal level, the EEOC's employee checklist says to make sure the employer is not asking for a release of claims for unemployment compensation benefits.⁠^[15] The guide to NDAs in New York settlements covers the confidentiality rules.

Does an unemployment claim affect a discrimination complaint?

The NYC Commission on Human Rights says a person cannot file with it after filing a discrimination complaint based on the same facts with another court or agency, and states that this does not include unemployment insurance or workers' compensation claims.⁠^[16] Filing periods for discrimination, harassment and retaliation claims are listed in New York employment claim deadlines.

What if the claim is denied?

The New York State Department of Labor says a claimant who disagrees with any determination that denies benefits or affects their amount has the right to request a hearing, held before an impartial Administrative Law Judge.⁠^[17] The request, online or by mail, has to be made or postmarked no later than 30 days from the date of the determination notice; a later request has to state why it is late.⁠^[17]

What people commonly get wrong

• "Fired means no unemployment." The State statute's disqualification after a firing is for misconduct in connection with the employment.⁠^[1]
• "Quitting always disqualifies." Under State law the disqualification is for a voluntary separation without good cause.⁠^[2]
• "Harassment is automatically good cause." The statute does not name it, and the Department of Labor index entry says coworker harassment that adversely affects health "may be" good cause.⁠^[3][4]
• "The maximum is a fixed number." Under State Labor Law § 590(5) it is reset on the first Monday of each October by reference to the state average weekly wage.⁠^[5]
• "Taking severance means giving up unemployment for good." The State rule works week by week and has a thirty-day timing exception.⁠^[7]

Practical points

• Keep the Record of Employment and the termination notice your employer gives you.
• Describe why the job ended accurately and completely on the claim.
• Keep the dates and amounts of any severance payments.
• Note the date printed on any determination you receive.