Fired after giving 2 weeks
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Fired after giving 2 weeks
I always knew I wanted another job in my field of study but I really started looking around when my hours began to get cut at my job. I was offered a different job and it was supposed to begin in 2 weeks. I took a vacation day to go to training for the new job. I gave my notice to my current job and they told me they didn’t like that I used a vacation day to train for the new job and told me to go home and not to finish the 2 weeks. And of course with my luck, the new job fell through. Will I be able to qualify for unemployment in this situation?
Asked on May 20, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, if you gave your notice, you are not entitled to unemployment benefits: you had already given your notice to your current job, indicating that *you* were chosing to not work there anymore. That means that your separation from employment was voluntary, and voluntary separation from employment makes you ineligible for unemployment benefits. That they did not honor your full two weeks notice is irrelevant: two weeks notice is a custom, not a legal obligation. Once you give notice you are leaving, your employer can treat it as effective immediately if it chose.
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