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What if I quit my Job to sue the employer after that will I be able to apply for unemployment benefits?!

Astoria, NY |

I don't really wanna work at my present job because I'm not getting paid overtime and minimum wages so I would like to know if I will be able to get unemployment benefits.

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Attorney answers 3


You can argue that your employer's refusal to pay you fair wages was an intolerable condition that forced you to quit (a constructive discharge). You will have the burden to prove this to Unemployment and it is definitiely not a sure thing. Best of luck.

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The general rule is that you cannot collect UI benefits if you quit 'without good cause'. If you are suing, you should meet with an employment lawyer to discuss the lawsuit and whether you have good cause to quit.


If you are going to pursue a lawsuit against your employer anyway, you should be able to discuss the terms of your potential unemployment with that attorney in depth. If you have a valid overtime claim that attorney should be happy to help you for just 33% of what he is able to recover for you.

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