Can you collect unemployment if you get fired after giving notice in New York?

Yes, you can absolutely file for unemployment in this situation! When an employer terminates you before your notice period ends, NYS Department of Labor typically treats it as a discharge, not a voluntary quit. You gave proper notice but they chose to end the employment relationship early. Make sure to document that you gave notice but were terminated before the notice period expired when you file your claim.

this happened to my brother last year - he got paid for the gap weeks no problem. just be honest about everything when filing

The key is in how you frame it on your unemployment application. You didn't quit - you gave notice with the intention of working through the notice period, but your employer chose to terminate the employment relationship early. Keep any documentation you have about giving notice and being told not to return. NYS Department of Labor will likely approve this since the separation was ultimately the employer's decision. Just make sure to report your new job start date when you file so they know the benefit period will be short.

Wait, I'm confused about this whole situation. If you already have another job lined up, why are you even trying to collect unemployment? Isn't that kind of gaming the system? And what if NYS Department of Labor finds out you planned to quit anyway?

I had a nightmare trying to get through to NYS Department of Labor when I had a similar situation. Spent hours on hold just to get disconnected. Finally used Claimyr (claimyr.com) to actually reach an agent who could explain my options. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier than dealing with the phone system myself.

Just went through something similar myself - gave notice at my warehouse job, they walked me out the same day. Filed for UI and got approved within a week. The trick is being completely honest about the timeline and circumstances. Don't try to hide that you gave notice, just explain that you were terminated before your notice period ended.

I've been through this exact scenario twice in my career - once in retail and once at an office job. Both times I was approved for unemployment benefits. The key thing is that you didn't voluntarily quit your job - you gave proper notice with the intention of fulfilling your obligations, but your employer made the decision to end the employment relationship early. That's considered an involuntary termination. When you file your claim, be upfront about giving notice but emphasize that you were willing and available to work through your notice period. The fact that you have another job starting soon actually works in your favor because it shows you're actively seeking employment and not trying to abuse the system. Just make sure to report your new job start date when filing so they can calculate the benefit period correctly.

I work in HR and deal with these situations regularly. You're absolutely entitled to file for unemployment benefits here. When an employer cuts short a notice period, it becomes their decision to end the employment relationship early - that's a discharge, not a voluntary quit. The NY Department of Labor recognizes this distinction. I'd recommend filing your claim as soon as possible since there can be a waiting period. Be straightforward about the sequence of events: you gave proper notice intending to work through it, but your employer chose to terminate you immediately. Having documentation like texts or emails about the notice and their response will definitely strengthen your case. Don't stress about having another job lined up - you're legitimately unemployed through no fault of your own for those gap weeks.