Put in 2 weeks notice but employer let me go immediately - can I collect NYS Department of Labor unemployment?
So here's what happened - I gave my boss my 2 weeks notice on Monday because I found a better job that starts next month. But instead of letting me work the two weeks, they told me to pack up my stuff and leave that same day. They said since I was quitting anyway they didn't want me around. Now I'm stuck with no income for 3 weeks until my new job starts. Can I file for unemployment with NYS Department of Labor for this gap? I'm confused because technically I quit but they're the ones who actually terminated me. Has anyone dealt with this situation before?
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Joshua Hellan
This is actually a common situation and yes, you can likely collect unemployment benefits for this period. When you give notice but the employer chooses to end your employment immediately, it's considered an involuntary termination by NYS Department of Labor standards. You'll need to file your claim and explain the circumstances clearly - that you gave notice for a future date but they chose to terminate you early.
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Olivia Kay
•That's a relief! Should I mention in my application that I have another job starting soon? I don't want to mess up my eligibility.
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Jibriel Kohn
Yeah this happened to me last year. File the claim and be completely honest about what happened. NYS Department of Labor will see that you were willing to work the full notice period but your employer chose not to let you. Make sure you document everything - your resignation letter, any emails or texts about them letting you go early.
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Edison Estevez
•Did you have any trouble getting approved? I'm worried they might see it as quitting.
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Jibriel Kohn
•Nope, got approved within 2 weeks. The key is being clear that YOU wanted to work but THEY chose to end it early.
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Emily Nguyen-Smith
wait so even though you quit you can still get unemployment?? that doesn't seem right to me
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Joshua Hellan
•It's not about quitting vs being fired - it's about who made the decision to end employment on that specific date. OP was willing to work until their planned last day, but the employer chose to terminate earlier.
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James Johnson
I had the exact same thing happen and had a really hard time getting through to NYS Department of Labor to explain my situation. Kept getting hung up on or transferred around. Finally used this service called Claimyr (claimyr.com) that helps you actually reach an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was able to get my claim sorted out much faster once I could actually talk to someone.
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Olivia Kay
•How does that work exactly? I've been dreading having to call because I know how impossible it is to get through.
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James Johnson
•It basically handles the calling process for you so you don't have to sit there hitting redial for hours. Way less stressful than trying to call yourself.
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Sophia Rodriguez
File ASAP because there's always a waiting period anyway. And definitely be upfront about having another job starting - they need to know your work search status.
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AstroAlpha
Yes, definitely file for unemployment! This exact scenario happened to my sister in 2023. When you give notice but they walk you out immediately, NYS DOL considers it a constructive dismissal since you were ready and willing to work your notice period. The employer made the choice to terminate you early. Document everything - your resignation letter with the intended end date, any communication about them letting you go immediately. And absolutely mention your upcoming job start date when you file - being honest about your situation actually helps establish that you genuinely intended to work those two weeks. The gap coverage is exactly what unemployment is designed for in cases like this.
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Elijah O'Reilly
•This is really helpful to know! I'm curious - did your sister have to provide any specific documentation about the employer's decision to end employment early, or was her resignation letter with the original end date sufficient proof for NYS DOL?
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