ESD claim question - fired after giving notice to start new job, what termination reason to select?
I'm in a weird situation and need advice before reopening my ESD claim. I accepted a job offer at a new company and gave my two weeks notice to my current employer (manufacturing company). Instead of letting me work those two weeks, they escorted me out the same day and terminated me immediately. Now I have a 2-week gap before my new job starts and no income. I've had an unemployment claim before, but never dealt with this specific situation. When I reopen my claim, what should I select as my termination reason? Technically they fired me, but only because I was quitting. Would this be 'discharged' or 'quit' or something else? Does anyone know if I'll even qualify for these two weeks? Really worried about making a mistake and getting hit with an overpayment later.
18 comments
Benjamin Carter
You should select "discharged" since that's technically what happened. When you quit and give notice, but your employer terminates you before your notice period ends, ESD considers that a discharge/termination, not a voluntary quit. Make sure you explain the situation exactly as it happened in any questionnaires they send you. You should qualify for the gap period since you were terminated before your intended end date.
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Evelyn Martinez
•Thank you! That makes sense. Will I need to provide any documentation showing I was terminated early after giving notice? I don't have anything in writing, it all happened in a meeting with my supervisor.
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Maya Lewis
this happened to me last year and i put discharged. they sent me a fact finding form to fill out and i had to explain the whole thing. i got approved but it took like 3 weeks cause they had to do adjudication first. my old boss told them i was terminated for insubordination lol
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Evelyn Martinez
•Oh wow, that's concerning. Did you have to go through a hearing or anything? My boss seemed annoyed but didn't say I was being fired for cause or anything like that. Just said they'd rather have me leave immediately.
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Isaac Wright
Select 'discharged' and be prepared for some follow-up. This is actually fairly common. When you give notice and are terminated before your end date, it's considered a discharge/termination under ESD rules. Make sure you're able to work and available for work during this gap period - that's a requirement for benefits. Also, you'll need to do your job search activities for each week you claim (3 activities per week). One thing to note: if your former employer contests this and claims they had cause to fire you (beyond just responding to your notice), it could go to adjudication. Be ready to clearly explain the sequence of events.
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Evelyn Martinez
•Thanks for the detailed explanation! I'm definitely available for work during this gap - was planning to work those two weeks anyway. I'll make sure to do the job search activities even though it's just for a couple weeks.
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Lucy Taylor
I ran into this EXACT situation in March 2025! Select "discharged" and then in the explanation box, clearly state: "I gave two weeks notice after accepting another position, but employer terminated me immediately instead of allowing me to work through my notice period." In my case, ESD approved my benefits for those two weeks without even contacting my employer. As others said, you'll still need to do your job search activities for each week claimed. I documented that I was starting my new job on X date but was available to work any other job during the gap.
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Maya Lewis
•yep thats what i did too and got approved. its bs that companies do this to people 😡
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Connor Murphy
If you're having trouble getting through to ESD to explain your situation (and you probably will because they never answer their phones 🙄), try using Claimyr. I was in adjudication hell for weeks trying to explain a similar situation until someone recommended it. They got me through to an actual ESD agent in about 20 minutes. Check out their website at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Seriously saved me so much frustration.
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KhalilStar
•How exactly does that work? Is it like a paid service or something? I've never heard of it before...
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Connor Murphy
•Yeah, it's a service that helps you get through to ESD when their lines are jammed. It basically keeps calling for you until it gets through, then connects you. It was totally worth it for me because I was getting nowhere for weeks. The video demo on their site explains it better than I can.
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Amelia Dietrich
Disregard what everyone else is saying!! If you already have a new job lined up and know the start date, you should apply for STANDBY status with ESD! That way you don't have to do the job search requirements since you already have work starting soon. You just need to be able to provide the start date for your new position. I did this last year during a 3 week gap between jobs.
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Isaac Wright
•This information is incorrect for 2025. Standby status is now ONLY granted for temporary layoffs where you're returning to the SAME employer, not for gaps between different employers. The rules changed in late 2024. OP will need to complete job search activities for any weeks claimed.
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Amelia Dietrich
•Oh really? My bad then, I didn't know they changed the rules. Thanks for correcting me!
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KhalilStar
im confused, if you already quit why would you get unemployment at all? aren't you only supposed to get it if you're laid off? not trying to be rude just don't understand how this works
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Benjamin Carter
•The key detail here is that OP gave notice (planning to work 2 more weeks) but the employer cut them off immediately. In that specific scenario, ESD treats it as a discharge, not a quit, because the employer chose to end the employment before the employee's intended end date. It's a bit of a technical distinction but important for unemployment purposes.
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Maya Lewis
make sure when u file ur weekly claims that u say ur able and available to work even tho u have a job lined up. if u say no to either question u wont get paid
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Evelyn Martinez
•Thanks for the tip! I am actually able and available to work during this gap, so I'll make sure to answer those questions correctly.
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