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Maya Diaz

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

So I put in my two weeks notice at my retail job last Friday because I found something better. But yesterday my manager called me and said they're letting me go immediately and don't need me for the rest of my notice period. Now I'm wondering if I can file for unemployment for those two weeks until my new job starts? I heard conflicting things about whether NYS Department of Labor considers this a quit or a termination. Has anyone been through this situation before?

Tami Morgan

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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.

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Maya Diaz

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That's such a relief! I was worried I'd screwed myself over by giving notice. Should I mention in my application that I already have another job lined up or will that hurt my chances?

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Rami Samuels

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

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Haley Bennett

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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.

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Maya Diaz

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Good point about the documentation. I have the text where I told my manager about my two weeks and their response saying not to come back. Should help my case.

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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?

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Tami Morgan

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It's not gaming the system at all. The person was willing and able to work through their notice period but the employer chose to terminate early. That creates a legitimate period of unemployment through no fault of their own. Having another job lined up doesn't disqualify you from benefits for the gap period.

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I guess that makes sense when you put it that way. I just always thought if you quit you couldn't get unemployment no matter what happened after.

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Nina Chan

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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.

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Maya Diaz

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Thanks for the tip! I'll definitely check that out if I run into issues with my claim.

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Ruby Knight

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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.

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Nolan Carter

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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.

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