Can you collect unemployment if fired after giving notice - NYS Department of Labor rules?
I'm in a really confusing situation and need some clarity on NYS Department of Labor rules. I gave my employer two weeks notice last Friday because I got a better job offer that starts in three weeks. But yesterday my current boss told me not to bother coming in for the rest of my notice period - basically fired me on the spot. Now I have a week gap before my new job starts and I'm wondering if I can file for unemployment benefits for that time? I know normally you can't get UI if you quit, but technically I was terminated even though I had already given notice. Has anyone dealt with this specific situation with NYS Department of Labor before?
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Dylan Cooper
This is actually a really good question and the answer depends on how NYS Department of Labor interprets your separation. Since you were terminated before your notice period ended, it's considered an involuntary separation rather than a voluntary quit. You should definitely file a claim because you were technically fired, not quit. Make sure to explain the circumstances clearly when you file - that you gave notice but were released early by your employer. The key is documenting that the employer ended your employment before your intended last day.
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Fatima Al-Farsi
•That's really helpful, thank you! Should I mention the new job I have starting in a week when I file the claim? I don't want to mess anything up.
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Sofia Perez
yeah this happened to my friend last year. she gave 2 weeks notice and they walked her out the same day. she filed for unemployment and got approved because technically she was fired. just make sure you document everything - like the date you gave notice and when they told you not to come back
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Dmitry Smirnov
•Exactly right. NYS Department of Labor will look at who initiated the final separation. Even though you intended to quit, your employer made the decision to end your employment early. That makes it a discharge, not a voluntary quit. You should be eligible for benefits for that gap week.
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ElectricDreamer
I had trouble getting through to NYS Department of Labor when I had a similar situation last month. Kept getting busy signals and when I did get through, they'd hang up after being on hold forever. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to talk to someone at NYS Department of Labor about your specific case.
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Fatima Al-Farsi
•Thanks for the suggestion! I'll definitely look into that if I can't get through the regular way.
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Ava Johnson
Wait, but if you already have another job lined up why would you even bother filing for one week? Seems like more hassle than it's worth for such a short time period.
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Fatima Al-Farsi
•It's more about the principle honestly, and also I need the money for that week since I wasn't expecting to lose a week's pay. Every bit helps right now.
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Miguel Diaz
This whole system is so messed up! Employers can just walk you out whenever they want but then you have to jump through hoops to prove you deserve benefits. Good luck dealing with the NYS Department of Labor bureaucracy - hopefully they actually process your claim quickly for once.
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