I gave my resignation and was then terminated. Do I qualify for unemployment?

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I gave my resignation and was then terminated. Do I qualify for unemployment?

I live in NYC. I gave my resignation for three weeks after the date I resigned in
order to properly set up my employer with training for my replacement, and she
chose to end my employment five days later. Do I qualify for unemployment
because she terminated my employment early?

Asked on October 30, 2018 under Employment Labor Law, New York

Answers:

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

Answered 2 years ago | Contributor

Giving notice is a courtesy, not a legal requirement. Accordingly, once you gave it your employer, it could consider it to be your immediate resignation. And voluntarily leaving a job makes a person ineligible to collect unemployment compensation. The only protection here would be if your treatment violated the terms of any employment contract that you may have had.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You most likely do not qualify for unemployment because you had already resigned, indicating that you were terminating your employment voluntarily. The notice period is a tradition or courtesy, not a legal requirement; your employer may treat your employment as voluntarily terminated by you effectuive as of when you announced your resignation and so this would be treated as a voluntary separation from employment, making you ineligible for unemployment benefits.


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