Put in my 2 weeks notice but got fired before my last day - can I still get NYS Department of Labor unemployment benefits?
So I submitted my resignation letter to my manager on Monday giving them standard 2 weeks notice. Was planning to start a new job next month. But yesterday (only 3 days later) they told me to pack up and leave immediately - said they didn't need me for the remaining time. Now my new job doesn't start for another 3 weeks and I'm worried about making rent. Since I technically put in my notice first, does that disqualify me from getting unemployment? Or since they actually terminated me early, can I still file a claim with NYS Department of Labor? Really confused about how this works.
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Chloe Robinson
You should definitely be eligible! When you give notice but they terminate you before your intended last day, NYS Department of Labor treats it as an involuntary separation. You resigned effective on a future date, but they chose to end your employment early. File your claim and explain exactly what happened - that you gave 2 weeks notice but were let go immediately. Make sure to mention you were willing and available to work the full notice period.
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Omar Hassan
•Thank you! That makes me feel so much better. Should I mention in my claim that I already have another job lined up for next month?
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Diego Chavez
happened to me too last year, they escorted me out the same day I gave notice. Got approved for benefits no problem
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NeonNebula
This is actually pretty common - companies do this to protect themselves from potential data theft or workplace disruption. From NYS Department of Labor's perspective, you were ready and willing to work your notice period but the employer chose to terminate early. That's considered involuntary termination. Just be honest on your application about the timeline. You gave notice on X date for a last day of Y date, but were terminated on Z date instead.
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Omar Hassan
•Good point about being honest with the timeline. I'll make sure to include all those specific dates when I file.
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Anastasia Kozlov
Wait I'm confused about this too. If you already quit doesn't that automatically disqualify you?? I thought unemployment was only for people who got fired or laid off through no fault of their own.
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Chloe Robinson
•The key difference is the effective date. They resigned effective 2 weeks in the future, but the employer terminated them before that date. So the actual separation was involuntary, even though there was a resignation letter on file.
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Sean Kelly
I had such a hard time getting through to NYS Department of Labor when this happened to me. Spent hours on hold just to ask this exact question. If you're having trouble reaching someone to clarify your situation, I actually used a service called Claimyr (claimyr.com) that got me connected to an agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Super helpful when you need to explain a complicated situation like this.
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Zara Mirza
•interesting, never heard of that but might be worth it if the phone lines are still crazy busy
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Luca Russo
Just file the claim and let them sort it out. Better to apply and potentially get denied than not apply at all. You can always appeal if they make the wrong decision initially.
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KingKongZilla
This happened to my coworker a few months ago and she got her benefits without any issues. The important thing is documenting everything - keep copies of your resignation letter with the date you submitted it and your intended last day, plus any emails or texts about them telling you to leave early. NYS Department of Labor will want to see that timeline clearly. Also, don't worry about mentioning your future job start date - you're entitled to benefits for the gap period between jobs as long as you're available to work during that time.
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Kingston Bellamy
•This is really helpful advice about documenting everything! I do have my resignation email saved with the original date I submitted it, and I screenshot the text message my manager sent telling me not to come back. Should I also try to get something in writing from HR about why they decided to end my employment early, or is what I have enough?
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