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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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I gave my employer my two week notice, the day I gave my

Customer Question

I gave my employer my two week notice, the day I gave my notice the employer asked for my keys to the office. I then asked my HR that if my hours were going to change, she told me she had to speak with the dentist in regards ***** ***** hours since I opened the office. Once I was leaving the office I asked if my hours were changing because if they were I wouldn't be coming in the next day she said she would text me. She later text me that they wanted that day to be my last and that they would give me have my last deposited within 24 hours. I filed for unemployment and they denied my claim saying that quit with that employer. Should I file and appeal? Was I not fired am I misunderstanding something?
Submitted: 16 days ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 16 days ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

No, you were not actually fired. You resigned and gave two weeks notice. This is actually a commonly (and understandably) misunderstood issue.

What most people don't realize though is that your notice period isn't something the employer is legally required to accept. What you are technically doing when you give notice is you are immediately resigning and then making an offer to the employer to work an additional two weeks, if the employer wants you to.

The employer is not obligated to allow you to work out the notice and their decision to not allow you to does not convert a resignation into a termination.

So unfortunately no, you were not terminated and are not eligible for unemployment.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 15 days ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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