Legal Question in Employment Law in New York

Resignation, Termination and unemployment

I gave a one week notice to my employer. I explained that I wanted to give more but that I was starting a new position in 10 days. I expressed that I wanted my last day to be in a week. At first it was agreed to and I continued working. Then they told me to pack up and leave since I was going to a competitor. I understand that under the at will part of the law in NY State, that my employer is legal in doing this and that they do not have to pay for the week I was willing to work for them. However, does this constitute that I have in essence been fired and can I then collect unemployment benefits for the one week of lost wages between jobs?


Asked on 3/20/09, 2:30 pm

1 Answer from Attorneys
Avi Naveh

Re: Resignation, Termination and unemployment

You offered to quit, but your employer decided to fire you first. In my opinion, this should allow you to collect unemployment benefits. However, in New York, there is a waiting period of one week once you file. If you plan on only collecting for one week, it may not be worth it to apply for benefits.

You may wish to speak to an agent if you decide to file in order to learn if your claim will be approved.

http://www.labor.state.ny.us/ui/claimantinfo/beforeyouapplyfaq.shtm#1

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Answered on 3/20/09, 4:56 pm


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