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?
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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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