Put in two weeks notice but got fired immediately - can I still get NYS Department of Labor unemployment benefits?
So I turned in my two weeks notice at my job last Friday thinking I'd work through next week, but my manager told me to leave immediately and said I was terminated effective that day. I wasn't planning on filing for unemployment since I was quitting, but now I'm wondering if I can since they actually fired me? I worked there for 8 months and never had any disciplinary issues. Does NYS Department of Labor consider this a quit or a termination? I'm really confused about what to put on the application.
15 comments
Join the conversation
Luca Ricci
This is actually a common situation and yes, you can likely get benefits! When you give notice but the employer terminates you immediately, NYS Department of Labor typically considers it a discharge, not a voluntary quit. The key is that you were willing to continue working but they chose to end your employment early. Make sure to mention on your application that you gave notice but were told to leave immediately.
0 coins
Nia Williams
•Oh wow really? That's such a relief! Should I mention that I had another job lined up or will that hurt my case?
0 coins
Aisha Mohammed
happened to me too last year, got approved no problem. just be honest about everything when you file
0 coins
Ethan Campbell
You need to be careful how you word this on your claim. Don't say you quit - explain that you provided notice of future resignation but were terminated before your intended last day. NYS Department of Labor will review the circumstances and determine if you're eligible. Keep any documentation about giving notice and being told to leave immediately.
0 coins
Yuki Watanabe
•Wait I'm confused about this whole thing. If someone gives two weeks notice aren't they basically quitting? How is that different from just quitting outright??
0 coins
Ethan Campbell
•The difference is intent and timing. Giving two weeks notice shows you intended to fulfill your obligations and work those final days. When the employer cuts that short, they're making the decision to terminate the employment relationship earlier than you planned.
0 coins
Carmen Sanchez
UGH this happened to my friend and she had such a hard time getting through to anyone at NYS Department of Labor to explain the situation. The phone system is absolutely terrible. She ended up using some service called Claimyr that helped her get through to an actual person - I think it's claimyr.com or something. They have a video showing how it works at https://youtu.be/qyftW-mnTNI. Might be worth checking out if you need to talk to someone about your specific situation.
0 coins
Nia Williams
•Thanks! I'll definitely look into that if I can't get through the regular way.
0 coins
Andre Dupont
File ASAP! Don't wait around thinking about it. The sooner you get your claim in the better. And yeah like others said, emphasize that you were terminated before your notice period ended.
0 coins
Kylo Ren
I went through something similar about 6 months ago! The key thing is that you were ready and willing to work those two weeks, but your employer chose to end it early. That makes it their decision, not yours. When I filed, I explained it exactly like that - gave notice with intention to work through it, but was told to leave immediately. Got approved without any issues. Just be clear about the timeline when you file and you should be fine. Good luck!
0 coins
Ryder Ross
•That's really encouraging to hear! I was so worried they'd just see it as me quitting and deny everything. Did you have to provide any documentation when you filed, like emails showing you gave notice or anything like that? I have the text I sent my manager but wasn't sure if I'd need to submit that right away or just keep it in case they ask later.
0 coins
Mei Wong
•I didn't need to submit documentation when I first filed, but I definitely kept everything just in case - emails, texts, whatever showed the timeline of giving notice and being told to leave. They didn't ask for it during the initial review, but it's smart to have it ready. The unemployment office mainly wants to understand the sequence of events, so as long as you're clear about what happened when, you should be good. Keep those texts though, better to have them and not need them than the other way around!
0 coins
Connor O'Neill
This exact situation happened to me about a year ago and I was so stressed about it! But don't worry - you're definitely eligible for benefits. NYS Department of Labor sees this as a discharge since you were willing to work but they chose to terminate you early. When I filed, I made sure to clearly state that I provided two weeks notice with the intention to work through it, but was told to leave immediately. The claim was approved without any problems. Just stick to the facts about the timeline and you'll be fine. The important thing is you were ready and willing to continue working those final two weeks.
0 coins
Mohamed Anderson
•Thanks Connor, this is really helpful to hear from someone who went through the exact same thing! I'm feeling much more confident about filing now. Did you end up having to do a phone interview or anything, or was it pretty straightforward once you submitted the application? I'm just trying to prepare myself for what might come next in the process.
0 coins
Amina Diop
•@Connor O'Neill For me it was pretty straightforward - no phone interview needed. I just filled out the online application being very clear about the timeline (gave notice on X date, was told to leave immediately on Y date) and it got approved within a few weeks. The key is just being honest and detailed about what happened. If they do need more info they'll reach out, but in most cases like this where it's clearly a discharge situation, it goes through without issues. You've got this!
0 coins