Can I get Unemployment?

[Kelemvor]

Howdy,

I have a new job offer on the table for me that I will probably accept tomorrow. I want to give 2 week notice to my current company but I don't think they have any reason to keep me around as I'm the lowest person on the totem pole and they
d be better off just finding someone else right away.

If that happens, am I eligible for unemployment since technically I would have been fired? It may not be an issue since I have a week of vacation saved up to use and I might start the new job after just a week and a half or so but just wanted to see if anyone has gone through this before.

Thanks.

 

[multiband8303]

Negative. You cannot file unemployment, since you were voluntary.

 

[tranceport]

Depends on if they actually fire you or not.

If you hand them a notice of resignation, usually if they send you home you are still technically employed until your resignation date.

Ask them if they are terminating your employement as of this day or as of the day 2 weeks from the notice.

If it is same day you are fired


I would consider them assholes if they fire you same day. I doubt they will do this.

 

[Kelemvor]

So they either have to pay me up until the date I told them I would be done, or I can get unemployment?

Yes it's voluntary but as of a certain date. If they tell me to leave before that date, then it's not voluntary.

And I will be very surprised if they do NOT ask me to just leave because I'm still relatively new here and really am not much use to them yet.

 

[Ns1]

Originally posted by: multiband8303
Negative. You cannot file unemployment, since you were voluntary.

failure to read?

 

[PrinceofWands]

Originally posted by: tranceport
Depends on if they actually fire you or not.

If you hand them a notice of resignation, usually if they send you home you are still technically employed until your resignation date.

Ask them if they are terminating your employement as of this day or as of the day 2 weeks from the notice.

If it is same day you are fired


I would consider them assholes if they fire you same day. I doubt they will do this.

Actually most places I've ever worked fire you the second you put in notice, then they escort you out under security. Regardless of any variables, that's the common methodology in the workplace today.

 

[imported_LoKe]

I thought two weeks notice was just for formality, and that if they choose to let you go before the two weeks pass, you still quit.

 

[mugs]

I'm thinking no... who files for unemployment for two weeks? I thought you had to be unemployed longer than that just to qualify.

Edit: bad read me

 

[jjones]

Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee morale issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

 

[alrocky]

You are not required to give notice. You can tell them you have another job lined up in say 3 weeks and if they then fire you you can collect unemployment. IIRC there is a 1 week waiting period before unemployment begins. If you are unsure if they'll let you stay and if you want the income, give 1 week's notice. If you don't care for the job tell them Friday that come Monday you'll be working elsewhere.

 

[PrinceofWands]

Originally posted by: jjones
Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee moral issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

I've never heard of anyone getting paid for those days. Officially fired or not you're usually not going to get paid for them.

 

[jagec]

You already have a new job lined up, and you're leaving voluntarily...why are you trying to scam the system? That money isn't free, you know, it comes from my taxes.

 

[imported_LoKe]

Originally posted by: jagec
You already have a new job lined up, and you're leaving voluntarily...why are you trying to scam the system? That money isn't free, you know, it comes from my taxes.

Technically it comes from the EI he put in?

 

[MrBond]

Originally posted by: PrinceofWands

Originally posted by: jjones
Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee moral issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

I've never heard of anyone getting paid for those days. Officially fired or not you're usually not going to get paid for them.

My friend quit her job at a big-three automotive supplier and their policy was that if you were leaving for a competitor, they had to escort you out that moment and you were paid for the last two weeks (even though you weren't working).

 

[PrinceofWands]

Originally posted by: MrBond

Originally posted by: PrinceofWands

Originally posted by: jjones
Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee moral issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

I've never heard of anyone getting paid for those days. Officially fired or not you're usually not going to get paid for them.

My friend quit her job at a big-three automotive supplier and their policy was that if you were leaving for a competitor, they had to escort you out that moment and you were paid for the last two weeks (even though you weren't working).

Union? High position? I imagine such things happen under certain circumstances like those, but I've never seen it in rank and file employees. Certainly not in any type of service industry or such.

 

[mordantmonkey]

Originally posted by: PrinceofWands

Originally posted by: jjones
Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee moral issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

I've never heard of anyone getting paid for those days. Officially fired or not you're usually not going to get paid for them.

either they fire you or they pay you. it's not like he's working at a restaurant where they can simply stop putting him on a schedule, but technically "keep him on".


ah i see you specified service industry. yes it is one of the big scams as far as unemployment insurance and restaurants go.

any other job, hourly, or salaried, they either fire you, or allow you to work with pay, or ask you to leave with pay.

i wish my last job was better prepared for me to leave... they just kept me on throughout the last two weeks. :thumbsdown:

 

[MrBond]

Originally posted by: PrinceofWands

Union? High position? I imagine such things happen under certain circumstances like those, but I've never seen it in rank and file employees. Certainly not in any type of service industry or such.

Engineering - the plant was unionized but the engineers weren't.

I had never heard of that before she mentioned it.

 

[PrinceofWands]

Originally posted by: mordantmonkey

Originally posted by: PrinceofWands

Originally posted by: jjones
Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee moral issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

I've never heard of anyone getting paid for those days. Officially fired or not you're usually not going to get paid for them.

either they fire you or they pay you. it's not like he's working at a restaurant where they can simply stop putting him on a schedule, but technically "keep him on".

I used 'officially' because of the above discussions about if it was being fired, or still quitting (just on a different date). I meant that whatever it is, you're not getting paid.

 

[PrinceofWands]

Originally posted by: MrBond

Originally posted by: PrinceofWands

Union? High position? I imagine such things happen under certain circumstances like those, but I've never seen it in rank and file employees. Certainly not in any type of service industry or such.

Engineering - the plant was unionized but the engineers weren't.

I had never heard of that before she mentioned it.

That makes sense then...we're talking about minority, trained, valuable employees. I can see them getting paid...especially if they were salaried anyway. Most of my exposure has been with non-salaried employees, working rank and file positions. Those guys are nothing but chattel to corporations, and they're tossed out without regard, and certainly without pay.

 

[mordantmonkey]

Originally posted by: PrinceofWands

Originally posted by: mordantmonkey

Originally posted by: PrinceofWands

Originally posted by: jjones
Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee moral issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

I've never heard of anyone getting paid for those days. Officially fired or not you're usually not going to get paid for them.

either they fire you or they pay you. it's not like he's working at a restaurant where they can simply stop putting him on a schedule, but technically "keep him on".

I used 'officially' because of the above discussions about if it was being fired, or still quitting (just on a different date). I meant that whatever it is, you're not getting paid.

i've never heard of anyone not getting paid if they haven't been fired. how can they keep you on, but not pay you? if they ask you not to come into work anymore, how is that not firing you?
they can't have it both ways.

"no, we just fixed the glitch, so he won't be receiving a pay check."
"we feel it's best to avoid confrontation when possible" /office space

 

[jagec]

Originally posted by: LoKe

Originally posted by: jagec
You already have a new job lined up, and you're leaving voluntarily...why are you trying to scam the system? That money isn't free, you know, it comes from my taxes.

Technically it comes from the EI he put in?

I'm bitter because I've never used any of the EI that I put in.

 

[PrinceofWands]

Originally posted by: jagec

Originally posted by: LoKe

Originally posted by: jagec
You already have a new job lined up, and you're leaving voluntarily...why are you trying to scam the system? That money isn't free, you know, it comes from my taxes.

Technically it comes from the EI he put in?

I'm bitter because I've never used any of the EI that I put in.

That's ok, I've used your share as well as mine...and about 20 other people's too. Thanks btw.

 

[dirtboy]

You can file unemployment and they can challenge your claim. If you lose, you will pay back whatever benefits you receive.

 

[jjones]

Originally posted by: PrinceofWands

Originally posted by: jjones
Usually when giving notice and they tell you to just leave immediately, they keep you on the payroll until the termination date specified in your letter, and you are paid for those days. The reason for telling you to leave immediately usually has to do with security and/or employee moral issues. If they terminate you without pay, then yes, they fired you and you can draw unemployment.

Mugs brings up a good point about whether or not you even qualify. I guess that depends upon the state you are in.

I've never heard of anyone getting paid for those days. Officially fired or not you're usually not going to get paid for them.

I have not only heard of people get paid for it, I've been the beneficiary of it on two occasions.

 

[dartworth]

Originally posted by: jagec
You already have a new job lined up, and you're leaving voluntarily...why are you trying to scam the system? That money isn't free, you know, it comes from my taxes.

Unemployment compensation doesn't come from taxes...


OP... I would file and see what happens. If your claim is denied, you can always appeal it.

Most states do require a one week "waiting week" in which you receive no compensation, but you do need to file to start that week.