If I am a salaried employee and I put in my 2 weeks notice but am not scheduled to work for the last 2 weeks, is that technically them firing me?

Can I collect unemployment?

Asked on July 31, 2012 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, if you resigned, you are not eligible for  unemployment, even if they won't schedule you for work for the last two weeks. That is because employers do not need to respect your notice period--two weeks notice is only a tradition, not the law. Once you put in your notice, they may treat your resignation as effective immediately. (The exception would be if you have an actual employment contract requiring notice--then the contract's terms are enforceable.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.