Cut Short of Resignation Notice - Unemployment?

Tealium SivJ17
Jan 15 13 Comments

I recently gave my written #resignation notice to my HR team and they’ve responded with assigning me a much sooner departure date. With the company terminating my employment short and exercising California’s #atwill employment clause in this way, am I eligible for #unemployment benefits in the interim of starting a new role? Has anyone successfully navigated this before?

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TOP 13 Comments
  • Amazon KHCr70
    You should cut short their termination lol. Walk out today
    Jan 15 0
  • Markforged available_
    Once you give notice, neither employee nor employer owes each other anything. It's just commonly-accepted good manners to give the employer 2 weeks to wrap things up.

    Many industries (sales-oriented in particular) have no concept of "notice". Hair stylists -- in that business, the minute you give notice, you're walked to the door and asked for your keys. They don't want you telling their clientele where you're going. I have car dealer friends; same deal.

    Which is to say, give it a shot to collect unemployment. You can likely do it once only, as states I've lived in need proof of job-seeking activity to continue payouts.

    Next time, negotiate an end date, and your start date to be dependent on the end date. Nothing's a given, even if you're on great terms with the company. Don't assume.

    And as other posters have said... if you're on good terms, ask for a week's pay, and explain your position.
    Jan 15 2
    • Tealium SivJ17
      OP
      Awesome response! Thank you so much for the advice.
      Jan 16
    • DigitalOcean GhxjxiT
      This is why I tell people not to give notice unless they’re ready to end on that very same day.
      Feb 1
  • Pure Storage HFIT71
    OP did you give more than 2 weeks notice? If you gave 2 weeks notice and employer asks you to leave in 1 week, I believe they will still pay you for the 1 additional week. Also, did you do anything bad to make HR cut short your end date?
    Jan 15 2
    • Tealium SivJ17
      OP
      I gave three weeks notice due to a lot of internal changes happening. I wanted to be respectful and a lot more time to offload my work prior to departure. Perhaps, I shouldn’t have haha
      Jan 15
    • Tealium SivJ17
      OP
      Also, there is no bad blood 😃... or there wasn’t until now haha jk
      Jan 15
  • First Republic Khorma
    It’s pretty common if you give notice. People aren’t stupid. If you’re leaving you’re not going to make them have confidence so they don’t want to waste time or money. However it sounds like they’re doing you a favor. I don’t know much about unemployment but based upon what you said they’re cool with you getting it and won’t fight it. So just go apply and tell the unemployment folks they let you go. If you just quit you won’t get it. So your reason is they let you go on such and such a day. And told you: they were exercising California’s at will employment. Don’t say anything untrue and keep it short and sweet. Don’t say anything that will piss off your company either. Years ago I worked for a company where this one HR lady would go to every hearing she fight unemployment all the time. It was a nightmare for us because she wasted all our time gathering “evidence” sometimes they made people go to hearings with her I heard. I thought it was stupid because it cost us so much time and money to fight over this so much. I get it if someone lies or steals then yeah no soup for you but some person loses their job and this lady would try to take their unemployment too. Of course from what I remember she kept losing these. The state didn’t care about little personal vendettas they just wanted to know:

    1. Were you eligible.
    2. Are you lying.
    3. Does the company fight it.
    4. Did you quit. If you say that they will not pay 99% of the time. Your company though set this up nicely for you. They let you go early but it works FOR you. I doubt the company will go into a ton of details because they’re helping you and also clearly don’t care to fight it.

    Even on number 3 if number 1 is true and you don’t lie they always pay it.
    Jan 19 1
    • Tealium SivJ17
      OP
      Thank you so much! This is incredibly helpful.
      Jan 20
  • Wiley DRWHO42
    I would consult the employee handbook and also retain a copy. This can help you when filing or negotiations regarding your final payout.
    Jan 15 0
  • Qualtrics bigbrain69
    Hmmm... if they walk you out before your scheduled resignation date, is that considered being fired? If so, you can probably get unemployment.
    Jan 15 0
  • Credit Karma sViH07
    Ask them if they are willing to pay you for the duration of the date you mentioned. A lot of places are happy to pay you for the duration and let you go early at the same time
    Jan 15 0
  • Yup
    Jan 17 0

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