Fired for putting in advanced notice of quitting.

by Rory
(Las Vegas, NV, USA)

I work in Nevada, and have had my current job for ~18 months. I've been offered an apprenticeship in a trade school, but I won't start for at least another month an a half. My employer has a reputation for firing people after they put in their two-weeks notice.


If I give them a signed statement saying that I will be leaving in a month and a half (and that they will receive an additional two weeks notice when I have an exact date), and they fire me because of that notice, can I get unemployment compensation?

If I get fired and don't have an income for a month, I will likely be evicted from my apartment. As a right-to-work state I don't need to put in any notice at all, but I'd prefer to do so as I try to be courteous to my coworkers.




Hi,

You wouldn't have to put in a notice if you lived in a state that wasn't a right to work state.

I would think that yes, if they walked you out upon notice of quitting without paying you through the resignation date you give in the letter that you would eventually be able to collect benefits, minus any typical unpaid waiting week until the date you gave in the resignation letter merely, because they didn't pay you through the end of your notice making you fully unemployed at the time of being asked to leave.

The problem is that it usually takes over a month before your claim will ever be decided by the unemployment department .. so although I understand and respect your good intentions of not causing hardship to your fellow employees .. by giving the employer adequate notice .. it seems to be a moot point because they will be inconvenienced either way .. due to what you say is the employer's typical reaction to a resignation letter.

Don't you think??

Chris

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Jul 22, 2011
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by: Original Poster

I while suppose that it's true that my coworkers would probably be inconvenienced either way, it makes a good deal of a difference to me who's *causing* the inconvenience. Kind of a personal honor thing, I guess.

There's also the issue of the length of work in my new trade; what with the state of the economy, two-month contracts (then back to unemployment) are fairly common. I know from what I found in the statute that in NV, unless you work again for 4 months with a new employer they look at both your last job and the job before that. I'm worried that if I quit this job and am not eligible now, that I won't be eligible after my first contract because of its short duration.

However, if my current employer fires me for putting in my two weeks, and I AM eligible for unemployment, I'd be safer down the line. Even though it might take a few weeks to get the unemployment benefits in place, I'd still get those weeks of pay later, and my apartment complex will let you pay late without fees if you've lost your job.

So really, getting fired for no reason is a smarter move for me, but only if I can get unemployment benefits.

So you do think that I'd be eligible?




Yes, I think you would be eligible, but only to the date you told the employer you would be resigning and because it amounts to a discharge, but not for work related misconduct. But upon that date given as the last day .. most states stop paying benefits because the quit takes over.

I get the honor thing, but you are also the one that told me if you didn't have any money for a month or was it a month and half .. you'd be evicted.

So I guess you save for the lean times .. right?


Four month voluntary quit disqualification? That must be new .. because the USDOL say Nevada's disqualification is earning your WBA in each of 10 weeks.

Well, you take a look it's Table 5-4.

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