5 replies to this topic

[broncoblitz]

if an employee gives a two week notice and after the first week is told not to bother coming in the last week is that employee fired? and are they entitled to that last week check? can they file for unemployment?

[adjusterjack]

if an employee gives a two week notice and after the first week is told not to bother coming in the last week is that employee fired?

No, the employee still quit.

and are they entitled to that last week check?

No.

can they file for unemployment?

Yes, they can file but they are unlikely to get any benefits.

Here's why.

Many states allow benefits from the time you are shown the door to the original quit date.

That means that an employee who gave two weeks notice and was let go after one week could apply for benefits.

Trouble is, all states have a one week waiting period that would eliminate benefits for that week and there would be no benefits after the quit date.

[NewYorkEmploymentAttorney]

I believe you would qualify for perhaps one week of unemployment benefits in New York State.

www.QueensEmploymentAttorney.com

[FindLaw_AHK]

You may want to visit the Employment Law Center and read Eligibility for Unemployment Compensation Benefits as a good resource to learn more about this subject matter.

[Fallen]

While you quit effective X, if the employer decides to take you up on that sooner, they've let you go. As a practical matter, it doesn't make any difference (with regard to unemployment benefits) given the typical elimination period for unemployment benefits is one week and you say the situation is that you'd only be unemployed for one week (vs. letting you go immediately when you gave notice, in which case you should qualify for one week's worth of benefits if you put in for it right away).

[pg1067]

if an employee gives a two week notice and after the first week is told not to bother coming in the last week is that employee fired?

This isn't a legal issue. It's a matter of semantics, and one could make plausible arguments for either answer.

are they entitled to that last week check?

I'm not sure who "they" are. The employee (who obviously is a singular person for whom a plural pronoun is not appropriate) is entled to be paid for time worked and nothing more (unless he or she has a contract with the employee that says otherwise).

can they [sic] file for unemployment?

Of course. Anyone can file for unemployment. Whether the employee is entitled to unemployment benefits depends on the laws of his or her unidentified state of employment. I would hope it would go without saying that, since the employee had given notice, the termination only deprived him or her of one week's pay. Generally, that would be a critical factor in any assessment of entitlement to unemployment benefits.