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quit or fired?


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#1 broncoblitz

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Posted 02 December 2012 - 04:40 PM

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?

#2 adjusterjack

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Posted 03 December 2012 - 07:41 AM

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.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 NewYorkEmploymentAttorney

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Posted 03 December 2012 - 11:05 AM

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

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#4 Guest_FindLaw_Amir_*

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Posted 03 December 2012 - 11:21 AM

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.

#5 Fallen

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Posted 03 December 2012 - 12:34 PM

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).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 pg1067

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Posted 03 December 2012 - 03:06 PM

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.




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