Fired after resigning

I have given 3 months notice to my job in Georgia that I will have to leave my
job at the end of July. They asked me to submit a resignation letter, and I
listed my last date to be the last day in July. They are now thinking of letting
me go way before July. Can I apply for unemployment benefits in Georgia if they
let me go sooner?

Asked on May 1, 2017 under Employment Labor Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that an employer is not legally obligated to honor a 2 week notice. This menas that they are allowed to treat the resignation as effective immediatley. That is unless this violates the terms of an employment contract/union agreement or in some way constitutes some form of legally actionable discrimination. Accordingly, the unemployment office will in all liklihood consider your departure voluntary.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is always worth applying, since there is no cost to you to apply and no penalty if denied, but there is a good chance that you will not be eligible. You have already resigned: already told your employer that you intend to give up your job. The employer is not obligated to give you as long a notice period as you request: they are often allowed to treat the resignation as effective immediatley, upon giving it. Therefore, the unemployment office may  similarly consider that your separation from employment was a voluntary one.

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