Fired after giving 2 weeks

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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