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.
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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.
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Nia Williams
AuthorOh wow really? That's such a relief! Should I mention that I had another job lined up or will that hurt my case?
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Aisha Mohammed
happened to me too last year, got approved no problem. just be honest about everything when you file
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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.
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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??
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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.
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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.
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Nia Williams
AuthorThanks! I'll definitely look into that if I can't get through the regular way.
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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.
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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!
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