Fired after giving two weeks notice - can I still get NYS Department of Labor unemployment benefits?
So I'm in a really confusing situation and not sure if I can even apply for unemployment. Last Thursday I gave my manager my two weeks notice because I found a better job that starts next month. My plan was to work out the notice period and leave on good terms. But yesterday (only 3 days into my notice) my boss called me into his office and said they were terminating me immediately and that my last day was that day. He said something about 'protecting company interests' and that they don't want people who are leaving to have access to client information. Now I'm out of work for the next 3 weeks until my new job starts and I'm wondering if I can file for unemployment with NYS Department of Labor? I technically got fired but I had already given notice. Does anyone know how this works?
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Freya Christensen
You should definitely be able to get unemployment benefits for this situation. When you give notice and then get terminated early, NYS Department of Labor typically considers this an involuntary separation from your employer's side. The key is that you were willing to work out your notice period but your employer chose to end your employment early. Make sure when you file your claim that you explain exactly what happened - that you gave notice but were terminated before your intended last day.
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Ravi Malhotra
•Thank you! That's exactly what I was hoping to hear. Should I mention that I have another job starting soon when I file the claim?
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Omar Hassan
Yeah this happens more often than you'd think. Companies get paranoid about people who are leaving and just cut them loose immediately. Since you were terminated involuntarily, you should qualify for benefits. Just be honest about the timeline when you file with NYS Department of Labor and explain that you were willing to work but they chose to end your employment early.
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Chloe Robinson
•same thing happened to my friend last year, she got approved for the gap period no problem
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Diego Chavez
Wait I'm confused about this. If you already had another job lined up why would you even need unemployment? Doesn't that mean you weren't really looking for work? I thought unemployment was only for people who actually need jobs.
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Freya Christensen
•You can still file for unemployment benefits even if you have future employment lined up. NYS Department of Labor allows you to collect for any weeks you're unemployed and available for work, as long as you meet the other requirements. Having a job starting in the future doesn't disqualify you from benefits for the weeks you're currently out of work.
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NeonNebula
I had so much trouble getting through to NYS Department of Labor when I needed to check on my claim status after something similar happened to me. If you run into issues reaching them by phone, I found this service called Claimyr that helped me get through to an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful when I couldn't get past the busy signals.
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Ravi Malhotra
•Thanks for the tip! I'll keep that in mind if I have trouble getting through to file my claim.
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Anastasia Kozlov
definitely file asap! the sooner you file the sooner your claim can get processed. you'll probably have to do weekly claims for those 3 weeks but it's worth it
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Ravi Malhotra
•Good point, I'll file today. Better to start the process now rather than wait.
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Sophia Russo
Just wanted to add that you should document everything about this situation - save any emails about your termination, your original resignation notice, anything that shows the timeline. NYS Department of Labor might ask for documentation during the claims process, and having a clear paper trail will help support your case that you were terminated involuntarily after giving proper notice. This kind of documentation can be really helpful if there are any questions about your eligibility.
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Lilly Curtis
•This is really solid advice! I actually didn't think about documenting everything but you're absolutely right. I have the email I sent with my resignation and the meeting notes from when they terminated me, so I'll make sure to keep all of that organized. It's good to know that having a clear timeline will help if there are any questions about whether this was voluntary or involuntary. Thanks for pointing that out!
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