If I'm Fired After I Give Notice, Can I Still Collect Unemployment?
- Unemployment benefits are managed at the state level for people employed in that state. Most places give you the option of applying online or in person; an interview may be conducted, and your previous employer may be contacted. After you've been approved, you must continue applying for jobs and providing evidence of those applications to the unemployment office to remain eligible for benefits. You must be considered "ready, willing and able to work," according to the New York State Department of Labor. In most states unemployment benefits are paid for by employer taxes.
- Each state sets its own requirements for unemployment insurance seekers. Most states examine your income over a certain period of time -- generally a year to 16 months -- to see that you've been gainfully employed on a regular basis. You will probably be required to have been a resident of the state where you're applying for at least a year before requesting unemployment benefits. In most cases only people out of work through no fault of their own can receive benefits. Some exceptions are available for certain professions, such as teachers, railroad workers and state employees.
- Your employer may not be required to keep you after you've given notice. Unless you signed an employment contract or there is some other document indicating a notice period for both employer and employee, you can be fired for any reason. Your employer may fire you to prevent you from leaving with company information, clients or employees. If you've given notice and left your job as usual, then you won't qualify for unemployment benefits. They aren't for the unemployed by choice; people who choose to be unemployed are expected to have a back-up plan in place for the period when they aren't getting paid.
- Since you have a right to expect a certain amount of pay after giving notice, being fired -- without any severance -- means you can qualify for unemployment benefits in most states. Apply as normal, indicating that you were fired from your job. If your employer protests, point out in the interview that you did not choose to leave the job when you did and, instead, were asked to leave through no fault of your own. Explain that the unexpected lack of work and pay has affected you negatively and that you need unemployment benefits to make ends meet until your original post-employment plan starts.
Unemployment Benefits
Qualifications
Giving Notice
Fired After Notice
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