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I turned in my two weeks at a job becasue I knew I was getting a job soon and wanted to give a heads up. I wasn't sure of the start date but thought it it would be within 3 weeks. Well its 4 weeks from now. Anyways. When I put in my 2 weeks the manager got mad and told me that tomorrow(That saturday) would be my last day. Not the 2 weeks I put in. Well I worked that day and left in good standings and was a good employee. Now does this constitute as being fired and can I collect unemployement for those 2 weeks I was going to work?
I didnt quit I was fired. The way I see it I was going to quit in 2 weeks but got fired in one day. Whats the law on this.

2007-10-25 10:05:35 · 5 answers · asked by Kurt L 1 in Politics & Government Law & Ethics

5 answers

Either way, you will be denied benefits. All the States I have lived in withheld benefits for a certain amount of time when fired or quit. Most were for 8 weeks.

2007-10-25 10:12:06 · answer #1 · answered by sensible_man 7 · 0 0

I would submit it for Unemployment. Here's why:
You did not quit, you provided notice of intent to quit later, as properly expected procedure.
You were not fired, or if they try to claim that your were, you certainly were not fired for cause.
Therefore, in consideration of BOTH possibilities, you were terminated for conditions beyond your control.

The company will probably deny the claim, and then you will have to appeal it. If the company does not respond, then you will win by default. If the company does respond, they will need to convince an arbitrator that your IMMEDIATE termination was for cause that was, for some strange reason, not specified, AND no indication of such problem prior to your notice.

Be prepared for it to take a month or more before you see any actual benefits. And when you file, don't let the examiner try to bully you from applying for it. I've noticed that they do that a lot.

And while we're at it, any EMPLOYERS out there, keep in mind that you complain when employees quit without notice, yet you set the example when you terminate someone for giving notice.

2007-10-25 17:21:21 · answer #2 · answered by Marc X 6 · 1 0

Depends on the state you are in. Some states, like MI, will only allow unemployment if you are laid off for lack of work. Being fired or quitting aren't acceptable reasons to collect unemployment.

2007-10-25 17:10:04 · answer #3 · answered by Amy V 4 · 0 0

Most employees are "at will" employees. This means you can be terminated at any time with or without cause. Generally, unemployment is reserved for people who are "laid off" due to lack of work, who have "impossible" work conditions or who have reduced hours. In your situation, you were terminated as an at will employee and not laid off for any of those above reasons.

Check your state unemployment laws to be sure.

Also, it NEVER hurts to apply for unemployment. You could get lucky :)

2007-10-25 18:07:37 · answer #4 · answered by Dina K 5 · 0 0

You gave two weeks notice, the employer does not have to accept it, you quit your job when you gave notice.

2007-10-25 17:20:14 · answer #5 · answered by bbj1776 5 · 1 0

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