Can I get NYS Department of Labor unemployment if fired after giving two week notice?
So I put in my two weeks notice at my retail job last Monday because I got a better offer somewhere else. My manager seemed fine with it and said they'd work with my schedule. But today (Thursday) they pulled me aside and said they're letting me go immediately and don't need me for the rest of my notice period. They said it's not for cause, just that they don't want someone who's leaving to keep working there. My new job doesn't start for another week and a half. Can I file for unemployment with NYS Department of Labor for this gap period? I'm worried because technically I quit first, but then they fired me before my notice was up. Has anyone dealt with this situation before?
28 comments


Tyler Murphy
Yes, you can definitely file for unemployment benefits in this situation! When you give notice and your employer terminates you before your intended last day, it's considered an involuntary separation. The key is that YOU didn't choose to leave early - they made that decision. File your claim with NYS Department of Labor right away and explain the circumstances clearly. Make sure to mention that you gave proper notice and were willing to work through your notice period.
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Alana Willis
•Thank you! I was so worried about this. Should I mention that I already have another job lined up or will that hurt my chances?
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Sara Unger
Had the exact same thing happen to me at my old warehouse job. Gave two weeks notice, they walked me out that same day. Filed for UI and got approved no problem. NYS Department of Labor sees it as them firing you, not you quitting. Just be honest about everything when you file your weekly claims.
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Butch Sledgehammer
Wait I'm confused... if you already have another job starting why do you even need unemployment? Isn't that like double dipping or something??
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Tyler Murphy
•No, it's completely legal to collect unemployment for the gap period between jobs. As long as you're available and looking for work during that time, you're eligible for benefits.
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Freya Ross
This is SO frustrating!! Why do employers do this? It happened to my sister too and she was stressed about money for weeks. The whole point of giving notice is to be professional but then they screw you over anyway. At least you can get unemployment though - definitely file ASAP.
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Leslie Parker
If you're having trouble getting through to NYS Department of Labor to file your claim, I'd suggest checking out claimyr.com - they help people connect with actual agents when the phone lines are jammed. I used them last year when I couldn't get through for weeks and they have a video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Super helpful for situations like yours where you need to explain the details to someone.
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Alana Willis
•Thanks for the tip! I'll definitely look into that if I can't get through the regular way.
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Sergio Neal
Make sure you keep any emails or texts about your notice period and them letting you go early. NYS Department of Labor might ask for documentation during the adjudication process. Also when you file your weekly claims, you'll need to report that you have a job starting soon but you're still available for work until then.
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Taylor Chen
I work in HR and can confirm this is totally normal and you absolutely qualify for unemployment! What your employer did is called "accepting your resignation immediately" and it counts as an involuntary termination for UI purposes. The fact that you were professional enough to give proper notice actually works in your favor here. When you file with NYS Department of Labor, just explain that you submitted your resignation with a specific end date but were terminated before that date. Keep any documentation you have about giving notice and being let go early. You should be able to collect benefits for the gap period until your new job starts.
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Lilah Brooks
•This is such helpful insight from someone in HR! I feel so much better knowing this is actually normal and that giving proper notice works in my favor. I was beating myself up thinking I should have just quit without notice, but it sounds like doing the right thing actually protects me here. Really appreciate you taking the time to explain the process!
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Miguel Ortiz
This exact situation happened to me at a restaurant job about 6 months ago! I gave my two weeks notice on a Friday and they told me not to come in Monday, saying they didn't want a "short timer" around. I was panicking because I thought I'd screwed myself out of unemployment by quitting first. But when I called NYS Department of Labor, they explained that since I was willing and able to work through my notice period and the employer chose to terminate me early, it's considered involuntary. Got approved within a week. The key thing is being honest about the timeline - that you gave notice with intent to work through it but they cut you short. Good luck!
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Kara Yoshida
•Thanks for sharing your experience Miguel! It's really reassuring to hear from someone who went through the exact same thing. I was definitely panicking thinking I'd messed up by quitting first, but it sounds like being honest about the timeline is key. Did you have to provide any documentation when you filed, or was explaining the situation over the phone enough? I want to make sure I have everything ready when I call NYS Department of Labor.
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Javier Torres
I went through something very similar last year when I gave notice at my office job and they walked me out the same day. One thing I wish I had known - make sure to file your claim as soon as possible, don't wait! NYS Department of Labor has a waiting period before benefits start, so the sooner you file the better. Also, when they ask about your reason for separation, be very clear that you gave proper notice with the intention to work through it, but your employer chose to terminate you early. I made the mistake of saying "I quit" initially and had to clarify later which delayed my claim. Document everything - the date you gave notice, what was said, and when they let you go. You're definitely eligible since they made the choice to end your employment before your intended last day!
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Yara Campbell
•This is really helpful advice, thank you! I definitely don't want to make the same mistake of initially saying "I quit" when that's not really what happened here. I'll make sure to be very specific that I gave notice with the intention to work through it but they chose to terminate me early. I'm planning to call NYS Department of Labor first thing tomorrow morning to get my claim started. Did you find it better to call or apply online? I've heard the phone lines can be really busy but I want to make sure I explain the situation clearly from the start.
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Keisha Taylor
I'm dealing with almost the exact same situation right now! Just gave my two weeks notice at my retail job on Tuesday and they told me today (Friday) that they don't need me to finish out my notice period. I was so confused about whether I could file for unemployment since I technically resigned first. Reading everyone's responses here has been incredibly helpful - I had no idea that when an employer cuts your notice period short, it's considered an involuntary termination for UI purposes. I'm definitely going to file with NYS Department of Labor first thing Monday morning. It's so frustrating that trying to be professional and give proper notice can backfire like this, but at least we have some protection through unemployment benefits. Thanks to everyone who shared their experiences - it really helps to know we're not alone in dealing with this!
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Justin Trejo
•I'm so glad this thread helped you too Keisha! It's crazy how many of us have gone through this exact same situation. I think it's actually more common than people realize - employers seem to do this all the time when someone gives notice. The silver lining is that NYS Department of Labor really does treat it as involuntary termination, so we're protected. Just make sure when you call Monday to emphasize that you were willing and ready to work your full notice period but they made the decision to end it early. That seems to be the key distinction they look for. Good luck with your claim!
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Anna Xian
This thread has been so helpful! I'm a newcomer here but dealing with a very similar situation. I gave my two weeks notice at my customer service job yesterday and I'm already worried they might do the same thing - just let me go early instead of letting me work through my notice. It seems like this is way more common than I realized. Reading everyone's experiences gives me confidence that if it does happen, I'll know exactly what to do. I'll make sure to document everything and be very clear with NYS Department of Labor that I was willing to work my full notice period if they choose to terminate me early. It's really frustrating that being professional and giving proper notice can backfire, but it's reassuring to know the unemployment system protects workers in these situations. Thanks to everyone who shared their stories - this community is incredibly helpful for navigating these tricky employment situations!
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Fatima Al-Hashemi
•Welcome to the community Anna! It's really smart that you're preparing for this possibility ahead of time. I'm also pretty new here but have learned so much from everyone's experiences. One thing I picked up from reading all these responses is to keep any written evidence - like emails or texts about your notice, or if they respond to your resignation in writing. It seems like having documentation really helps when filing with NYS Department of Labor. Hopefully your employer will be professional and let you work your full two weeks, but if not, at least you'll know your rights! This community has been amazing for getting real advice from people who've actually been through these situations.
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Justin Chang
This thread has been incredibly eye-opening! I'm new to this community but unfortunately dealing with something similar. I gave my two weeks notice at my retail job on Wednesday and they just called me this morning saying not to come in for my remaining shifts because they "don't want someone who's already mentally checked out." I was panicking thinking I'd lose out on unemployment benefits since I quit first, but reading everyone's experiences here has been so reassuring. It's amazing how common this situation actually is - seems like so many employers do this when you try to be professional and give proper notice. I'm definitely going to file with NYS Department of Labor on Monday and make it very clear that I was ready and willing to work my full notice period but they chose to terminate me early. Thank you to everyone who shared their stories and advice - it's so helpful to have a community where people actually understand these frustrating employment situations!
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Christopher Morgan
•Welcome to the community Justin! I'm also pretty new here but have found everyone so helpful with these employment issues. It's really frustrating how employers do this - you try to do the right thing by giving proper notice and they basically punish you for it. But like everyone else has said, you're definitely protected here since they made the choice to cut your notice short. When you file with NYS Department of Labor, just be really clear about the timeline - that you submitted your resignation with a specific end date but they terminated you before that. I'd also suggest keeping that voicemail or any texts they sent about not coming in, since documentation seems to really help with these claims. It's crazy how many of us have gone through this exact same thing! At least we know we're not alone in dealing with these situations.
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Luca Bianchi
I'm new to this community but found myself in almost the exact same boat! Just gave my two weeks notice at my part-time job on Monday and they told me yesterday they don't need me for my remaining shifts. I was so stressed thinking I wouldn't qualify for unemployment since I technically quit first, but reading through all these responses has been such a relief. It's wild how many employers seem to do this - you try to be professional and give proper notice, and they basically show you the door anyway. I'm definitely going to file with NYS Department of Labor first thing tomorrow and make sure to emphasize that I was willing to work my full notice period but they chose to end it early. Thanks to everyone who shared their experiences - it's so helpful to know this is actually a common situation and that we're protected by unemployment benefits when employers pull this move!
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GalacticGuru
•Welcome to the community Luca! I'm also relatively new here but this thread has been incredibly helpful for understanding these situations. It's really reassuring to see how many people have gone through this exact same thing - you give proper notice trying to be professional, and then the employer basically penalizes you for it by cutting you short. But the good news is that NYS Department of Labor clearly recognizes this as involuntary termination since you were willing to work but they made the choice to end it early. When you file tomorrow, definitely emphasize that timeline and keep any documentation you have about giving notice and them telling you not to come back. It sounds like this is way more common than any of us realized, but at least the unemployment system protects workers when employers pull these moves. Good luck with your claim!
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Freya Nielsen
I'm new to this community but dealing with a nearly identical situation! I gave my two weeks notice at my office job this past Tuesday and got pulled into HR today where they told me they're "accepting my resignation immediately" and that today would be my last day. They said it's nothing personal, just company policy not to have departing employees around for security reasons. I was completely caught off guard and honestly pretty upset since I was counting on those last few paychecks before my new job starts next Monday. Reading through everyone's experiences here has been incredibly reassuring though - I had no idea this was such a common thing or that it would still qualify me for unemployment benefits! It's so frustrating that trying to do the professional thing and give proper notice can backfire like this, but I'm relieved to know that NYS Department of Labor treats this as involuntary termination since I was willing to work but they chose to end it early. I'm definitely going to file my claim this weekend. Thank you all for sharing your stories - it's such a relief to find a community where people actually understand these tricky employment situations!
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Ethan Clark
•Welcome to the community Freya! I'm also new here and it's honestly incredible how many of us have experienced this exact same situation. It really seems like "accepting resignation immediately" for "security reasons" is just corporate speak for not wanting to deal with someone who's leaving. The frustrating part is that you're trying to be professional and responsible by giving proper notice, but then you get penalized for it financially. I'm glad you found this thread though - it's been so educational reading everyone's experiences. The key thing I've learned is to be really specific with NYS Department of Labor that you submitted resignation with an intended end date but the employer chose to terminate you before that date. Since your new job starts Monday, you should definitely be able to collect for this gap period. It's such a relief to know we're not alone in dealing with these situations and that the unemployment system actually protects workers when employers pull these moves!
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Diez Ellis
I'm new to this community but unfortunately in a very similar situation! I gave my two weeks notice at my restaurant job yesterday and I'm already nervous they might do exactly what happened to all of you - just cut me loose early instead of letting me work through my notice period. Reading through everyone's experiences here has been both eye-opening and reassuring. It's incredible how common this practice seems to be across different industries. I had no idea that when employers do this, it's still considered involuntary termination for unemployment purposes since you were willing to work but they made the choice to end it early. If this does happen to me, I'll definitely file with NYS Department of Labor right away and make sure to emphasize that I submitted my resignation with the intention to work my full notice period. It's really frustrating that being professional and giving proper notice can backfire financially, but it's comforting to know there are protections in place. Thank you everyone for sharing your stories - this community is so helpful for navigating these tricky employment situations that seem way more common than I realized!
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Natalie Chen
•Welcome to the community Diez! I'm also pretty new here but this thread has been such a learning experience. It's really smart that you're getting informed about this possibility ahead of time - I wish I had known about this before it happened to me! From everything I've read here, it seems like this practice is unfortunately super common across all types of jobs. The restaurant industry especially seems to do this a lot since they worry about food safety or customer service issues with departing employees. If they do cut your notice short, just remember what everyone has emphasized - you gave notice with the intention to work your full two weeks, but they made the decision to terminate you early. That's the key distinction NYS Department of Labor looks for. Hopefully your employer will be professional about it, but if not, at least you'll be prepared and know exactly what to do! This community has been amazing for understanding these situations that seem way more common than any of us realized.
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Jacob Lewis
I'm completely new to this community but found myself in almost exactly the same situation! I gave my two weeks notice at my customer service job on Wednesday and they just told me this morning that they're "releasing me immediately" and don't need me for my remaining shifts. I was honestly panicking thinking I'd screwed myself out of unemployment benefits by resigning first, but reading through all these responses has been such a huge relief. It's amazing (and frustrating) how common this seems to be - you try to do the right thing by giving professional notice and then employers basically punish you for it. But knowing that NYS Department of Labor treats this as involuntary termination since I was willing to work my full notice period but they chose to cut it short is incredibly reassuring. I'm definitely filing my claim first thing Monday morning and will make sure to be very clear about the timeline - that I submitted my resignation with a specific end date but they terminated me before that. Thank you so much to everyone who shared their experiences - it's so comforting to know we're not alone in dealing with these situations and that there are actually protections in place when employers pull these moves!
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