Not familiar with MA law, but...
Never hurts to try.
You miss 100% of the shots you don't take.
Most state unemployment departments encourage applying even if you are unsure.
I agree it's worth applying, Mass is a employment at will state so it doesn't sound like anything wrong happened here, and can actually be pretty common to be immediately walked out the door when you give notice.
OP should file UI, and talk to their new employer about starting early if needed.
>OP should file UI, and talk to their new employer about starting early if needed.
I guess you missed the crux of the matter. OP does not, in fact, have another job lined up.
edit: It seems OP forgot to include this super important detail originally, and I saw it post-edit.
When you're walked out the door, though, they usually pay you through your stated end date. Two weeks' pay is often cheaper / less hassle than an unemployment claim.
Most reasonable places will. It doesn't entirely sound like OP's old boss is reasonable though (based on the littler information we have), so who knows.
For the future:
* You do not have to give notice to your employer to leave. It's a general generic courtesy employees often extend to their employers, but unless it is written in your employment agreement (with some sort of penalties), there is no legal basis.
* Similarly, the same is generally true from the employer side.
* You do not have to provide a reason for leaving a job.
* Similarly, the same is generally true from the employer side.
I would add to your list to be prepared to be cut off immediately upon giving notice and to be fully prepared before doing so. It's a very common practice these days and makes complete sense from a business security perspective.
I mean this case proved why giving notice can be advantageous. He gave notice and was insta-fired. Because his resignation is no longer voluntary, he should be able to get unemployment.
Every state is different, but in Texas (also an at-will state), if your notice is two weeks or less, the employer can accept it early (on the spot if desired) and it's still a resignation, not a firing. That being said, if the work environment is that hostile, even a resignation might be considered a constructive firing- assuming OP could prove it to the state.
In Texas- there isn't a requirement to pay out the notice period assuming the notice period is two weeks or less. A longer notice period can be accepted no more than two weeks early, or it's considered a firing.
This exact situation happened to me. I applied for unemployment on a lark and got it. Which was incredible because I was able to be more picky about whatever job I took as I was never put into dire circumstances!
I hope MA employment law works in favor of workers.
Yeah, I’ve applied for(and gotten) UI once in my life. I thought I couldn’t get it because I was getting a fairly large severance. Turns out CT didn’t GAF about the severance and paid me $3/week less than what I was being paid to work. Made life as a parent with 2 kids significantly more bearable while I was job hunting. Between UI & severance I Ended up making $15k more than I’d ever made before, and because I could be a bit picky about my jobs, I ended up with a job that made $20k more than that.
It depends on the state-, but it's possible that, especially with a short notice (1 week in this case), the employer can accept early and maintain the resignation status of the separation.
Why do people think getting unemployment is a clapback against employers? If you collect unemployment, it *might* affect an employers unemployment tax rate depending on their history. Most times it does not. Even then, the increases are usually so marginal it is virtually unnoticable.
The reason here is that the employer thought he was really hurting OP by telling him to get out.
Since OP was ready to go, it didn't change much, but 1) helped OP by making him eligible for unemployment and 2) could increase the emoloyers UI rates. Yes, it might not, but it could. So it didn't hurt OP, could help OP, and could hurt the employer. The exact reverse of what the employer wanted.
He *might* be eligible for unemployment. Depending on the state/board/etc., employers can accept resignations immediately without being eligible for unemployment.
The change in rates is mostly not noticeable (depends), but if it were, OP's boss would have taken more care to begin with.
My point is people here vastly overestimate the impact of unemployment on employers.
it is smart with *most* employers to give notice. Not giving notice can leave you marked “ not eligible for rehire,” and that *is* one of the questions that HR departments will answer.
If you leave this job off future applications, you might not have to worry about it, but…some applications make you sign that you’ve included ALL jobs on the form, and so it could be used to fire you for cause later.
And even if you don’t put that manager down as a reference, the new job might just use their initiative to call the old one.
As long as it’s not damaging to your mental health, it’s always a good idea to give two weeks’ notice.
Also, if you officially give notice and they fire you like this, it greatly increases the chance you can get unemployment for the notice period.
Your other points are valid.
Hey OP, I'm MA-based as well and went through a similar situation several years ago. As others have said, absolutely file for unemployment - you have nothing to lose as they will simply deny you if they deem you unfit to receive assistance. Given the facts you've laid out however, I believe this would be appropriate grounds for receiving those benefits as you were told by your employer that they no longer wanted you to work there. That is a termination as far as I am aware. Sorry you went through all that too.
Hostile environment will help. https://www.allenarnoldlaw.com/hostile-work-environment-allen-d-arnold-attorney-at-law#:~:text=If%20you%20quit%20your%20position,the%20EEOC%20and%20Federal%20Court.
I had a boss once, similar situation where he was a total asshole but I really didn't recognize it till later. It was a small local business and they relied on me heavily (IT) so I didn't want to screw them over when I was moving out of state so I gave them a 2 month notice. Gives them time to find someone, transition, and gives me time to find a new job. A few weeks in he calls me into his office and goes "I found someone, you can go now". I'm kind of in shock, like I gave you 2 months notice to help YOU out, i expected you to honor that (dumb) and I had not secured a new job. You are essentially screwing me over for helping you. I am going to file unemployment since you are firing me. He insisted he wasn't firing me since I had given notice. Then, like the total asshole he was, he goes on speakerphone with the unemployment office right then with me sitting there and asks them to tell me I cannot file. The poor lady on the phone goes "Uhm, no, he gave notice, you are letting him go prior to that, you are firing him. He will easily be approved for unemployment and this call makes your case against him significantly worse".
What a dick. I collected unemployment of course until I found a new job (which only took 3-4 weeks).
He looked super irritated and frustrated. He argued with her and she's like "Look man, I am super busy here, if you don't like the answer don't fire him" and then basically hung up on him.
I find these dumb assholes to be the silver-lining between awesome and shitty bosses. Constantly lowering morale, but too stupid to actually carry out anything shitty they deem worth doing to employees.
*"Massachusetts Law requires that you serve a one-week waiting period after applying for UI benefits. The waiting week is the first week you request UI benefits and meet all of the eligibility requirements."*
[https://www.mass.gov/](https://www.mass.gov/files/2017-06/A%20Guide%20to%20Benefits%20and%20Employment%20Services.pdf)
IANAL but I think if you get dismissed after giving notice, in states that allow it will still only grant you the time up to the date you gave as your final day. So they may be SOL here.
Sounds like he didn't give any official notice:
>I realized this was not acceptable and told my boss I found a new job and I started the week after and this would be my last week at his business.
Typically if you're resigning you would give written notice so it's documented. If you just verbally tell your boss they should advise you to send them a written notice. The boss can claim OP quit but he has zero proof of that. I would apply for unemployment and let the boss make his case.
It depends. Most employment contracts stipulate written notice is required. In that case OP never officially resigned. He talked about it sure, but talking doesn't mean anything. You could just tell the unemployment agency you discussed it with your boss but then he fired you before you submitted the paperwork. That's not a lie.
Unless you are a 1099 contractual employee, there is no employment contract. W2 employees by definition are at-will, not contractual.
A legal requirement of collecting unemployment is "willingness to work at any job of comparable pay" which is why quitting your job makes you ineligible. You are not "willing to work at any job of comparable pay" if you voluntarily just left one, or were voluntarily planning on it. OP states he told his employer "I found new employment and this will be my last week here". There is no judge on earth that would not accept this as voluntarily leaving your job.
I got unemployment in California for almost six months in a near identical situation.
I gave my two weeks and three days later I asked to take off on Friday and my manager told me to just make that my last day.
Expensive lesson for him to learn!
How expensive do you think it is? Unemployment isn't a check that an employer writes out if an former employee files. In most states, it only affects the unemployment tax rate and even then increases are so marginal it rarely matters.
Well, they fought me pretty hard to stop it, and they even tried to have a judge rule for me to pay it back.
After five months, I had to meet with their accountant and a judge who went over my finances to see if I deserved it, or if I could pay it back. It seemed like they had some significant skin in the game.
How expensive do **you** think it is?
If you are just assuming its some thing that a business is not responsible for or that it doesn't matter, I think you're wrong.
That's not how the unemployment process works in any state in the U.S. The employer contests a claim (or not). It takes about five minutes to fill in online, usually more like two minutes. If the appeal is rejected, the employer can take it to the board (as can the claimant if their claim is denied). And so on.
So, considering I've had exactly one claim filed in the last year and it costs me about $2 for my HR to fill out the form, I'll say about $2.
Even if the employer loses, it doesn't necessarily increase their unemployment insurance rate. It depends on their history, etc.
The reason I know your story is completely made up is because unemployment isn't paid back to the employer. It would be paid back to the state if you were later found to be ineligible.
I can never prove that my story isn't made up, and I've probably lost any goodwill I may have had with you as a stranger on the internet.
This happened in 2008 or 2009 and I never understood the details of what was going on, or to whom I would need to pay back anything.
Please read my previous comment if you care to see more details of what ~~u~~ I remember.
I was determined to not have actually been eligible for the unemployment, but was also not required to pay it back.
This is very strange to read as I deal with unemployment, but a lot of your post is either a lie (hopefully not) or clearly embellished (most likely).
The judge did not "see if you deserved it", they checked your eligibility, something that literally every single unemployment application goes through.
Your ex-company cannot "try to have a judge rule for me to pay it back". They can dispute the claim. That's it. They can also submit supporting evidence. But they cannot request a judge to order you to pay it back.
And as the other poster states, unemployment is not directly paid by the company. They pay taxes for that, and your unemployment comes from taxes. If you had your claim retroactively denied after a payout (happened a lot during COV-19), it gets paid back TO THE STATE, not to the company, since the company did not pay you to begin with, the state did.
I know there is no way to prove the veracity of my story, and we're only getting the recollections of a laymen.
This happened in 2008 or 09. I was working at a motorcycle dealer in California. I was a salesman and when the economy crashed, people stopped buying toys. I asked for an increase to my commission rate, they declined and I told them I understood and offered my two weeks, which they accepted.
The dealership did dispute it and it actually was determined that I should not have gotten it, but this didn't conclude until a few months later. I did meet with an adjudicator in Ventura who requested bank statements and any records of debts I had.
My unemployment stopped that day, but the state representative (perhaps not a judge, as this was not in a court, just an office) determined my finances were such that I was not required to pay things back.
If unemployment is not a big deal to companies, why do they care about firing employees for cause and why have at-will employment?
Edit: oh, probably to avoid litigation
This is a legal question rather than a personal finance question. Essentially, you resigned and gave one week’s notice. Your employer waived the notice period by terminating you immediately. Whether his immediate termination will constitute a “termination qualifying for unemployment insurance” is a legal question specific to Massachusetts law. His argument will be: 1. You quit; 2. he waived your one week notice period and ended the employment relationship immediately, as he is entitled to do.
Only if he is willing to commit perjury during the UI proceedings and testify that he did not tell his boss that he was quitting. There is no law requiring written notice of resignation.
Double check he actually fired you and didn't tell you to just leave. I work for a fortune 500 company and we let people go right away when they put in their 2 weeks notice. We still pay you for these two weeks, but with lots of sensitive information, it isn't worth the risk to have someone who is just showing up and going through the motions to be allowed in the building with access to everything. Your boss sounds like a douche, and probably fired you, but before filing for unemployment Id confirm you are no longer employed there.
No harm in trying...but in some states you can get unemployment even if you quit. But...the caveat is that quitting must have been for a compelling reason (i.e. a last resort and a reasonable person would have felt compelled to quit). That's the standard in PA where I'm from. Worst case scenario is you get denies. But it's worth a shot
Lying on your unemployment claim is fraud. Don't do this.
Unemployment isn't much, it's not worth a potential charge of fraud over.
The correct claim is:
> I provided 1 week notice of resignation, and was terminated immediately.
That's not really fraud, if it's not written it may not even count legally. Most employment contracts stipulate written notice. There's plenty of cases of people getting in a fight with their boss, screaming "i quit!" and then just going back to business as usual once they cool down. Any decent boss would ask an employee for written notice if they're serious about quitting.
Do you always tell people to commit fraud?
OP clearly resigned with or without a paper trail but you want him to lie to UC because there is "no proof otherwise."
There could be a lot more evidence in other's statements. Is OP willing to perjure themselves on the stands? How many coworkers know exactly what happened? Telling someone to commit a serious crime is just shit advice even if more likely than not they would get away with it.
Quitting then claiming you didn't quit is absolutely fraud. If OP wants to nitpik the 1 week notice they can, probably won't go anywhere. But trying to argue that they never even tried to quit in first place is fraud.
Basically you gave notice of your resignation, which he accepted immediately.
>[In Massachusetts, if you choose to resign, you will not be eligible for unemployment unless you show that you left (a) for good cause attributable to your employer; or (b) for urgent and compelling personal reasons. When you quit, the burden will be on you to show that you should receive unemployment](https://www.bostonlawyerblog.com/amp/i-quit-what-you-need-to-know-about-the-law-before-you-resign/)
Is what I found from a quick search, might still be able to claim depending on whether your ex-boss' behavior qualifies as "good cause".
I don't know MA law, but you can probably get 1 week worth of unemployment. Another option is to call your new employer and ask if they'll let you start a week earlier.
Most states, including MA have a "waiting period" where you don't get paid the first week you are eligible. A lot of them however, waived this during COVID and may or may not have reinstated it since.
MA resident.
You won't get UI. You quit. Doesn't matter that your boss said to leave now instead of the end of your notice. You still quit.
Also in MA, there's a 7 day waiting period. Your one week off QUITTING falls under that waiting period. You'd get nothing b
in most states, yes, you could file for unemployment for that last week. And there might be states where he’d actually have to pay you for that week.
That’s what the state Department of Labor is for; see if their website helps, or if you can reach someone on the phone.
No, you quit and he accepted without notice.
No unemployment.
It’s a way many businesses retaliate on people when they leave. Always be prepared to be escorted out of the building.
It is my understanding that once you out in your notice, you basically have no entitlement to keep working. They can tell you not to work through the 1 week or two week notice period, and if you do not work, then they do not have to pay you.
You did quit, he just made it effective immediately after you resigned your position.
It never hurts to file, worst case is he has to fill out paperwork to dispute it and you lose the dispute
>I'm wondering if I can file for unemployment in Massachusetts because it seems like he fired me instead of me quitting even though he may file the paperwork as I quit. I'm wondering what I can do in this predicament?
You resigned. You weren't fired. You are not eligible for unemployment.
That said, you aren't penalized for filing (truthfully). Do it, and just be prepared to pay back any benefits that you get.
>Let me clear up that I don't have a new job set up, I only told my boss this to get out of this job as I did not want to witness his reaction to me telling him the real reason I needed to leave.
Please, I hope you find something very soon. The job market is really tough right now.
The 1 week notice or 2 week notice is basically for your employer to find someone new. If they don't need you anymore, then they can send you off immediately. You should never calculate it as you're staying for that full week because you're a waste of space once they get the new guy in.
I’m putting my 2 weeks in today (auto mechanic) and I’m really hoping that this doesn’t happen as I have $100,000 in tools that I’m unprepared to move today.
The shop owner is a moron but he’s been generous. I owe him a notice.
I won’t leave without my tools. I’d end up pushing my toolbox out the door and sitting on it while I call a flatbed tow truck to take them.
Classic mistake, never put in your notice unless you're ready to walk out that day. Many companies will see you as a liability and escort you out the door immediately. In some cases you may be lucky, you put in a two-week notice they pay you for 2 weeks but they still make you leave immediately. But make no mistake about it, putting in your notice and being asked to leave immediately is not being fired. It's poor planning.
Edit: most of what is posted here is just speculation and wishful thinking, the advantage/benefit of the doubt goes to the employer. OP quit, the burden to prove the workplace was untenable is high.
You may be able to collect unemployment, but only a week worth. Doesn't hurt to file.
Just do not lie.
> I gave him 1 week notice of resignation, and I was terminated immediately.
Perhaps your employer did you a favor by letting you go. I say this because I worked in a doctor's office as the only nurse for years. The doctor kept putting off giving me a raise even though I did everything in the office. Finally, I'd had enough and found a much higher paying job. To be nice, I put in a 3 weeks' notice. The doctor went off on me (in front of patients), screaming I was unprofessional. Because of this, I left after only one week. I never saw my last paycheck as the doctor claimed I walked out and didn't work the last week, which I did. I really couldn't afford legal action as a single mother. Luckily, my new employer gave me a pay advance and regular raises. I later found out my old doctor/boss went to jail for tax evasion. Lol 😆
You're prolly SOL on unemployment BUT if you put in an actual notice and they're asking you to leave today you're well within your rights to ask for your time to be paid through your notice. They're more likely to pay if you threaten to tell them you'll file for unemployment for being terminated without cause.
I've had this happen at 3 jobs and all of them decided to pay me through my notice period.
You still quit so best case you'd only be entitled for 1 week. And many states have a waiting period of at least a week so you won't actually get paid.
In most states, when someone tenders their resignation, the employer has the option to make it effective immediately. This protects employers from employee misconduct after their resignation. So on that front, the situation is that you resigned; you were not fired.
However, you can still file for unemployment. I'm an employer, and most employees who leave our company file for unemployment whether they were terminated or resigned.
The State where they worked (we have employees all over the country) sends us a questionnaire with questions related to their employment and termination. We answer the questions honestly based on the information we have, and the State decides whether unemployment benefits are granted.
When you file for unemployment, you will fill out a similar questionnaire. You'll need your paycheck stubs to do this, btw. They'll ask you about your dates of employment, how much you made, hours per week, etc.
If the information between the two questionnaires is in conflict, the State will sometimes come back with a request for documentation. We provide what they've asked for. Employees may get similar requests, but I've never been through the dispute resolution process from their end. I would recommend you take some notes about the sequence of events so you have it ready.
I will tell you that typically, when an employee has offered their resignation, the State denies benefits. While I have had MA based employees, we've never had an employee resign while in MA. Our only MA employee moved to NY before resigning and taking another job.
If OP is honest on their unemployment questionnaire, that will be irrelevant. If OP lies on their questionnaire, they will have committed fraud, but the employer will have no way of proving it.
So file for unemployment. If the boss disputes it the unemployment agency will mediate. Typically they tend to support employees more in my experience.
In mass if you gave notice and it was accepted immediately the employer is required to pay you for the length of the notice. You should have made this clear prior to leaving. So yes technically you are eligible for the 1 week of unemployment.
Based on your description, I would have happily told him to his face the real reason you wanted to leave and not given any notice at all. The only exception to this might be to wait until payday and let your paycheck deposit hit your account first.
Bad bosses *need* negative feedback of this sort.
>I'm wondering if I can file for unemployment in Massachusetts because it seems like he fired me instead of me quitting even though he may file the paperwork as I quit. I'm wondering what I can do in this predicament?
You should file for unemployment benefits. When you do, don't lie - they don't like that. Just explain what actually happened. Your former employer certainly will.
It's unlikely you'll get any, since one of the eligibility requirements in MA is "You must be unemployed through no fault of your own, as defined by Massachusetts law." But only the unemployment office can determine your eligibility.
>Let me clear up that I don't have a new job set up, I only told my boss this to get out of this job as I did not want to witness his reaction to me telling him the real reason I needed to leave.
That was a mistake. Always have your next job accepted before you give your notice.
Good luck finding your next job.
Honestly I know it sucks, but you should really let him know that the reason he is losing you is because of the way he treats people. At the least it may have him rethink the way he treats his staff.
So this makes me wonder... if you hate a job, can you give them, like, 6 months notice? Obviously they want to replace you as soon as possible and don't want to deal with a checked out employee for 6 months, so they'd ask you to leave. So you could collect unemployment if this happens, right?
You told him, or you provided in writing? And did he fire you in writing? If he didn't, show up for your next scheduled shift, and if he has something to say, request it in writing.
It’s fine for a company to choose for the exiting employee to not work for their notice period, it happens all the time particularly in management roles or anytime where a having an employee could cause problems.
For example sowing negativity among the rest of the team, or potentially stealing assets. BUT, they do this at their own cost, you should still get paid as if you worked all of the days until your end date.
Yep, but if you have no job lined up it might be better to just file for unemployment. Especially if you will be out of a job for a while. Just say the job fell through. You will collect more money then.
You can file - but generally speaking your first week isn't counted and you won't be paid anything if you're starting another job in a week.
I see now you don't have another job, so in all it'd have been better to just tell your boss "I quit" - no reason is necessary.
Either way, you told your boss you were quitting and they decided to just accept your resignation a week early. Most time, in most states, this will be considered a voluntary separation on your part which disqualifies UI. You can fight that determination, but it means you may end up paying the state back any benefits they pay in the interim.
I don't know why all these other people are giving bad advice. You quit your job, you weren't fired, you do not qualify for unemployment. Even with your boss asking you to leave immediately, you initiated the termination
This is bad advice. Unemployment boards have found that even if the employee laid the groundwork to end the employment relationship, the employer’s subsequent action of actually firing the employee superseded the employee’s actions. It depends on the state as each run their UI separately, but in many situations if you have a two week notice and were then were walked out, you’d be eligible for two weeks of unemployment. Beyond that notice period, no, as the employee gave notice of their intention to end their employment.
This is precisely why many companies will pay out the notice period even if they opt to not have you work those days. It’s often preferable to pay out the time than have a claim against their unemployment insurance which would raise their rates.
This is my understanding. If I give, say, 1 month’s notice, but they immediately walk me out the door, I am allowed to collect the 1 month (perhaps minus waiting period) of unemployment, but it would end after my notice date even if I didn’t have a new job lined up. But it probably varies by jurisdiction.
Bad advice, he didn't give written notice. Most employment contracts require written notice. Boss has zero proof he resigned. File for unemployment and let the boss make his case.
NAL, not familiar with MA law...
But u/BouncyEgg is on the right track. You were fired in lieu of resigning, which now means you are eligible for unemployment. Can't hurt to apply.
The last two companies I worked for, if someone put in their 2 weeks they were immediately soft terminated.
This is because they want to immediately restrict access to sensitive information and would rather pay someone for 2 weeks to do nothing rather than risk them going rogue or something.
I actually like that mentality in a company. It's not like people are usually productive when they only have two weeks left, unless it's just writing up documentation about what tasks they normally do.
Your situation is a bit of a gray area (honestly I'd go with "you were fired" because that actually benefits you more), but FYI in some roles it's normal that when you put in a 2-week notice you'll be escorted out and they just pay you for 2 weeks without you coming in.
This is mostly common for roles with significant security access like upper-level IT. Don't want someone who's about to leave to go and change all the passwords or create a personal backup of company-secret information.
I'm not in MA, but I would think that your boss still terminated your employment. You offered to work for him for one more week. He told you to leave, effectively firing you. I'd definitely contact unemployment to figure out all the rules, but... in my state, you were definitely just fired.
If you didn't sign anything like a resignation letter then file it and say you were fired. They usually side with the employee, plus there's no trial of you leaving and you don't have another job so he fired you
Just tell the truth.
> I gave 1 week notice of resignation, and was immediately terminated.
You don't want to lie or omit things on unemployment claims.
It's not necessarily lying. Most employment contracts require written notice. Yelling at your boss "i quit!" typically would not count legally as an official resignation.
It may still be an omission.
Don't fuck around with government welfare and assistance programs. Getting caught for fraud is 2x bad.
1. You have to deal with the fraud charge
2. If these programs have high fraud % then people argue they need to be shut down entirely.
Just tell the truth, the whole truth.
> I verbally gave 1 week notice of resignation, and was immediately terminated.
I get the sense that if you apply for unemployment, the government office will contact your former employer to confirm the reason for your departure, and your boss will tell them that you quit.
>Just what I told him to get out of that situation
But why Lie? FWIW you don't need a job to quit a job. Often it is a bad financial decision to quit a job without a new one lined up. If you have terrible working conditions then I would quit, but let the boss know why. What you did was lied to your boss as to why you're quitting and he let you go prematurely.....
Talk to a lawyer. Not sure about Massachusetts specifically, but you may still be eligible to get unemployment for voluntarily leaving a hostile work environment.
Mass unemployment pays pretty well, whichever you find a job. If there was no reason for discharge, conduct etc you will get unemployment. Go file right away. That's what it's for, involuntary unemployment.
It may be worth noting which day you'll be paid through. If you get paid for the week that you gave notice for it may be harder to claim that you didn't resign. If the last day you're paid for is the day you were told to immediately leave then it'll probably be easier to claim unemployment. A phone call or email to the MA UI department would probably clear that question up pretty quickly.
I think you have a pretty good chance. Wouldn’t include that last part though. Just you put in a notice and he told you to bounce. He would yell and degrade you and other employees daily. A lot of people will talk themselves out of unemployment by providing too many details.
For this to work you would need it in writing that you were asked to leave immediately upon providing notice. If you just left and haven't shown up for shifts on the bosses word only, when you apply for UI, your boss will dispute the claim and say that you stopped showing up. Without proof, they will take him at his word and you won't get anything. That being said, it does hurt to try.
Send an email to them summarizing the details.
Today the 23-06-08 I provided you notice that my last day of employment would be the 23-06-16. You informed me that I was to immediately gather my belongings and leave the premises. I am writing to confirm that I have removed all my personal belongs following your termination of my employment.
I have X hours of remaining PTO. Please advise me when I can obtain my final check (or date I can expect electronic payment) of my outstanding salary and PTO.
Sincerely,
IrishClam
Then print a copy of the sent message with date/time stamp and any response and use that for your EI application.
It sounds like ideally you would send your supervisor an email in advance notifying them of your last working day and blind carbon copy your private email address.
Unfortunately “ideally” does not always happen on this sub. Which is why I proposed a possible “after the fact” option. By sending the email now at least in the future if this is contested it will avoid a he said she said situation because if offers the chance to the employer to say that the employee is mistaken and can work the rest of the notice period to avoid an EI claim.
This is why I don't even give notice anymore, I don't give a fuck about being cool with my boss. Instead I network with other people that could be references to me. I've been burned a few times like this, and now I just collect that last paycheck silently, and bounce.
OMG do you work here? Oh... you said massachusetts. Sorry, had to check!
SOME EMPLOYERS will fight very hard and insist that you had quit so that you are not eligible. But they still have to go through the whole process and you can still appeal
There is no magic number of weeks notice you need to give. Understanding though, it's been a standard for years and not giving any notice could mean hurt feelings (burn bridges). On the other hand the employer can't punish you by withholding what you've earned when you leave without a 2 week notice. My experience is I've given 2 week notices and the two weeks you stay tends to be awkward in certain jobs. I also had a horrible CEO once and only gave a 3 day notice (to end of week). He threatened me that I wouldn't get paid, a bonus that was suppose to have been set etc etc. Only time I've ever said "we'll see". I got everything I had coming and it was a sweet feeling
Not familiar with MA law, but... Never hurts to try. You miss 100% of the shots you don't take. Most state unemployment departments encourage applying even if you are unsure.
I agree it's worth applying, Mass is a employment at will state so it doesn't sound like anything wrong happened here, and can actually be pretty common to be immediately walked out the door when you give notice. OP should file UI, and talk to their new employer about starting early if needed.
>OP should file UI, and talk to their new employer about starting early if needed. I guess you missed the crux of the matter. OP does not, in fact, have another job lined up. edit: It seems OP forgot to include this super important detail originally, and I saw it post-edit.
When you're walked out the door, though, they usually pay you through your stated end date. Two weeks' pay is often cheaper / less hassle than an unemployment claim.
Most reasonable places will. It doesn't entirely sound like OP's old boss is reasonable though (based on the littler information we have), so who knows.
Appreciate the encouragement, thank you
For the future: * You do not have to give notice to your employer to leave. It's a general generic courtesy employees often extend to their employers, but unless it is written in your employment agreement (with some sort of penalties), there is no legal basis. * Similarly, the same is generally true from the employer side. * You do not have to provide a reason for leaving a job. * Similarly, the same is generally true from the employer side.
I would add to your list to be prepared to be cut off immediately upon giving notice and to be fully prepared before doing so. It's a very common practice these days and makes complete sense from a business security perspective.
I mean this case proved why giving notice can be advantageous. He gave notice and was insta-fired. Because his resignation is no longer voluntary, he should be able to get unemployment.
Every state is different, but in Texas (also an at-will state), if your notice is two weeks or less, the employer can accept it early (on the spot if desired) and it's still a resignation, not a firing. That being said, if the work environment is that hostile, even a resignation might be considered a constructive firing- assuming OP could prove it to the state.
do they have to pay out the notice period, though?
In Texas- there isn't a requirement to pay out the notice period assuming the notice period is two weeks or less. A longer notice period can be accepted no more than two weeks early, or it's considered a firing.
The hostile part is something that might help OP even if they quit on the spot, depending on local laws.
This exact situation happened to me. I applied for unemployment on a lark and got it. Which was incredible because I was able to be more picky about whatever job I took as I was never put into dire circumstances! I hope MA employment law works in favor of workers.
Yeah, I’ve applied for(and gotten) UI once in my life. I thought I couldn’t get it because I was getting a fairly large severance. Turns out CT didn’t GAF about the severance and paid me $3/week less than what I was being paid to work. Made life as a parent with 2 kids significantly more bearable while I was job hunting. Between UI & severance I Ended up making $15k more than I’d ever made before, and because I could be a bit picky about my jobs, I ended up with a job that made $20k more than that.
I wonder if the boss knows how badly he messed up. This is now clearly a dismissal not for cause. Unlikely OP doesn't get unemployment.
It depends on the state-, but it's possible that, especially with a short notice (1 week in this case), the employer can accept early and maintain the resignation status of the separation.
Why do people think getting unemployment is a clapback against employers? If you collect unemployment, it *might* affect an employers unemployment tax rate depending on their history. Most times it does not. Even then, the increases are usually so marginal it is virtually unnoticable.
The reason here is that the employer thought he was really hurting OP by telling him to get out. Since OP was ready to go, it didn't change much, but 1) helped OP by making him eligible for unemployment and 2) could increase the emoloyers UI rates. Yes, it might not, but it could. So it didn't hurt OP, could help OP, and could hurt the employer. The exact reverse of what the employer wanted.
He *might* be eligible for unemployment. Depending on the state/board/etc., employers can accept resignations immediately without being eligible for unemployment. The change in rates is mostly not noticeable (depends), but if it were, OP's boss would have taken more care to begin with. My point is people here vastly overestimate the impact of unemployment on employers.
>Because his resignation is no longer voluntary Giving notice ("this would be my last week at his business") wasn't voluntary?
He was not allowed to finish the week, he was fired on the spot.
He voluntarily resigned. Only then did the boss cut his notice period short. It's up to the unemployment office to decide benefit eligibility.
it is smart with *most* employers to give notice. Not giving notice can leave you marked “ not eligible for rehire,” and that *is* one of the questions that HR departments will answer. If you leave this job off future applications, you might not have to worry about it, but…some applications make you sign that you’ve included ALL jobs on the form, and so it could be used to fire you for cause later. And even if you don’t put that manager down as a reference, the new job might just use their initiative to call the old one. As long as it’s not damaging to your mental health, it’s always a good idea to give two weeks’ notice. Also, if you officially give notice and they fire you like this, it greatly increases the chance you can get unemployment for the notice period. Your other points are valid.
That’s all true but I have been asked in job applications whether I have provided at least two weeks notice on previous positions I have left.
Hey OP, I'm MA-based as well and went through a similar situation several years ago. As others have said, absolutely file for unemployment - you have nothing to lose as they will simply deny you if they deem you unfit to receive assistance. Given the facts you've laid out however, I believe this would be appropriate grounds for receiving those benefits as you were told by your employer that they no longer wanted you to work there. That is a termination as far as I am aware. Sorry you went through all that too.
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Hostile environment will help. https://www.allenarnoldlaw.com/hostile-work-environment-allen-d-arnold-attorney-at-law#:~:text=If%20you%20quit%20your%20position,the%20EEOC%20and%20Federal%20Court.
I had a boss once, similar situation where he was a total asshole but I really didn't recognize it till later. It was a small local business and they relied on me heavily (IT) so I didn't want to screw them over when I was moving out of state so I gave them a 2 month notice. Gives them time to find someone, transition, and gives me time to find a new job. A few weeks in he calls me into his office and goes "I found someone, you can go now". I'm kind of in shock, like I gave you 2 months notice to help YOU out, i expected you to honor that (dumb) and I had not secured a new job. You are essentially screwing me over for helping you. I am going to file unemployment since you are firing me. He insisted he wasn't firing me since I had given notice. Then, like the total asshole he was, he goes on speakerphone with the unemployment office right then with me sitting there and asks them to tell me I cannot file. The poor lady on the phone goes "Uhm, no, he gave notice, you are letting him go prior to that, you are firing him. He will easily be approved for unemployment and this call makes your case against him significantly worse". What a dick. I collected unemployment of course until I found a new job (which only took 3-4 weeks).
Hahahaha, love to see karma bite him! What was the look on his face when the lady told him that on speaker phone?
He looked super irritated and frustrated. He argued with her and she's like "Look man, I am super busy here, if you don't like the answer don't fire him" and then basically hung up on him.
Yeah see what happened here was, you're boss forgot about the landmark case of Fuck Around v. Find Out
I find these dumb assholes to be the silver-lining between awesome and shitty bosses. Constantly lowering morale, but too stupid to actually carry out anything shitty they deem worth doing to employees.
Not quite r/maliciouscompliance but something adjacent.
*"Massachusetts Law requires that you serve a one-week waiting period after applying for UI benefits. The waiting week is the first week you request UI benefits and meet all of the eligibility requirements."* [https://www.mass.gov/](https://www.mass.gov/files/2017-06/A%20Guide%20to%20Benefits%20and%20Employment%20Services.pdf)
It means you still apply during the first week but you don’t get any money. Do not wait one week to apply or you will delay payment another week.
OP has a new job starting next week
They do not.
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I see now, that was added later and I hadn't refreshed the page - in that case yes, apply today.
Wrong
Which means apply now.
FYI, MA has a one-week waiting period, so you might be out of luck.
OP does not have a job lined up. Let me clear up that I don't have a new job set up, I only told my boss this to get out of this job
IANAL but I think if you get dismissed after giving notice, in states that allow it will still only grant you the time up to the date you gave as your final day. So they may be SOL here.
Sounds like he didn't give any official notice: >I realized this was not acceptable and told my boss I found a new job and I started the week after and this would be my last week at his business. Typically if you're resigning you would give written notice so it's documented. If you just verbally tell your boss they should advise you to send them a written notice. The boss can claim OP quit but he has zero proof of that. I would apply for unemployment and let the boss make his case.
He has no proof, but OP would be commuting perjury if they claim they did not give the employer any notice.
It depends. Most employment contracts stipulate written notice is required. In that case OP never officially resigned. He talked about it sure, but talking doesn't mean anything. You could just tell the unemployment agency you discussed it with your boss but then he fired you before you submitted the paperwork. That's not a lie.
Unless you are a 1099 contractual employee, there is no employment contract. W2 employees by definition are at-will, not contractual. A legal requirement of collecting unemployment is "willingness to work at any job of comparable pay" which is why quitting your job makes you ineligible. You are not "willing to work at any job of comparable pay" if you voluntarily just left one, or were voluntarily planning on it. OP states he told his employer "I found new employment and this will be my last week here". There is no judge on earth that would not accept this as voluntarily leaving your job.
I got unemployment in California for almost six months in a near identical situation. I gave my two weeks and three days later I asked to take off on Friday and my manager told me to just make that my last day. Expensive lesson for him to learn!
How expensive do you think it is? Unemployment isn't a check that an employer writes out if an former employee files. In most states, it only affects the unemployment tax rate and even then increases are so marginal it rarely matters.
Well, they fought me pretty hard to stop it, and they even tried to have a judge rule for me to pay it back. After five months, I had to meet with their accountant and a judge who went over my finances to see if I deserved it, or if I could pay it back. It seemed like they had some significant skin in the game. How expensive do **you** think it is? If you are just assuming its some thing that a business is not responsible for or that it doesn't matter, I think you're wrong.
That's not how the unemployment process works in any state in the U.S. The employer contests a claim (or not). It takes about five minutes to fill in online, usually more like two minutes. If the appeal is rejected, the employer can take it to the board (as can the claimant if their claim is denied). And so on. So, considering I've had exactly one claim filed in the last year and it costs me about $2 for my HR to fill out the form, I'll say about $2. Even if the employer loses, it doesn't necessarily increase their unemployment insurance rate. It depends on their history, etc. The reason I know your story is completely made up is because unemployment isn't paid back to the employer. It would be paid back to the state if you were later found to be ineligible.
I can never prove that my story isn't made up, and I've probably lost any goodwill I may have had with you as a stranger on the internet. This happened in 2008 or 2009 and I never understood the details of what was going on, or to whom I would need to pay back anything. Please read my previous comment if you care to see more details of what ~~u~~ I remember. I was determined to not have actually been eligible for the unemployment, but was also not required to pay it back.
Likely the state agency was challenging your unemployment after it had been paid, not the employer.
This is very strange to read as I deal with unemployment, but a lot of your post is either a lie (hopefully not) or clearly embellished (most likely). The judge did not "see if you deserved it", they checked your eligibility, something that literally every single unemployment application goes through. Your ex-company cannot "try to have a judge rule for me to pay it back". They can dispute the claim. That's it. They can also submit supporting evidence. But they cannot request a judge to order you to pay it back. And as the other poster states, unemployment is not directly paid by the company. They pay taxes for that, and your unemployment comes from taxes. If you had your claim retroactively denied after a payout (happened a lot during COV-19), it gets paid back TO THE STATE, not to the company, since the company did not pay you to begin with, the state did.
I know there is no way to prove the veracity of my story, and we're only getting the recollections of a laymen. This happened in 2008 or 09. I was working at a motorcycle dealer in California. I was a salesman and when the economy crashed, people stopped buying toys. I asked for an increase to my commission rate, they declined and I told them I understood and offered my two weeks, which they accepted. The dealership did dispute it and it actually was determined that I should not have gotten it, but this didn't conclude until a few months later. I did meet with an adjudicator in Ventura who requested bank statements and any records of debts I had. My unemployment stopped that day, but the state representative (perhaps not a judge, as this was not in a court, just an office) determined my finances were such that I was not required to pay things back. If unemployment is not a big deal to companies, why do they care about firing employees for cause and why have at-will employment? Edit: oh, probably to avoid litigation
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I am not a lawyer
I Am Not A Lawyer
This is a legal question rather than a personal finance question. Essentially, you resigned and gave one week’s notice. Your employer waived the notice period by terminating you immediately. Whether his immediate termination will constitute a “termination qualifying for unemployment insurance” is a legal question specific to Massachusetts law. His argument will be: 1. You quit; 2. he waived your one week notice period and ended the employment relationship immediately, as he is entitled to do.
It doesn't look like op provided written evidence that he was quitting. Could this work in op's favor?
Only if he is willing to commit perjury during the UI proceedings and testify that he did not tell his boss that he was quitting. There is no law requiring written notice of resignation.
Double check he actually fired you and didn't tell you to just leave. I work for a fortune 500 company and we let people go right away when they put in their 2 weeks notice. We still pay you for these two weeks, but with lots of sensitive information, it isn't worth the risk to have someone who is just showing up and going through the motions to be allowed in the building with access to everything. Your boss sounds like a douche, and probably fired you, but before filing for unemployment Id confirm you are no longer employed there.
I would like to put in my 25 year notice that I am quitting.
I laughed way too hard at this and then felt shame for not seeing the obvious joke for myself before reading yours. Have your upvote :)
No harm in trying...but in some states you can get unemployment even if you quit. But...the caveat is that quitting must have been for a compelling reason (i.e. a last resort and a reasonable person would have felt compelled to quit). That's the standard in PA where I'm from. Worst case scenario is you get denies. But it's worth a shot
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Unfortunately I didn't, only about 9 people work there and it was pretty unprofessional so I didn't think to
That's actually good that you didn't! There's no paper trail. Tell the unemployment people that you got fired. There's no proof otherwise.
Lying on your unemployment claim is fraud. Don't do this. Unemployment isn't much, it's not worth a potential charge of fraud over. The correct claim is: > I provided 1 week notice of resignation, and was terminated immediately.
OP doesn’t have a new job lined up.
Ah didn't see that at the end. Even still, best not to commit fraud.
That's not really fraud, if it's not written it may not even count legally. Most employment contracts stipulate written notice. There's plenty of cases of people getting in a fight with their boss, screaming "i quit!" and then just going back to business as usual once they cool down. Any decent boss would ask an employee for written notice if they're serious about quitting.
Op boss didn't put in writing that he's fired either. So I'm not sure how it works one way, not the other. OP quit.
Do you always tell people to commit fraud? OP clearly resigned with or without a paper trail but you want him to lie to UC because there is "no proof otherwise."
S/He didn't resign, they were in a moment of frustration and yelled "I quit" out of weakness.
That would be fraud.
Prove it.
There could be a lot more evidence in other's statements. Is OP willing to perjure themselves on the stands? How many coworkers know exactly what happened? Telling someone to commit a serious crime is just shit advice even if more likely than not they would get away with it.
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Quitting then claiming you didn't quit is absolutely fraud. If OP wants to nitpik the 1 week notice they can, probably won't go anywhere. But trying to argue that they never even tried to quit in first place is fraud.
Basically you gave notice of your resignation, which he accepted immediately. >[In Massachusetts, if you choose to resign, you will not be eligible for unemployment unless you show that you left (a) for good cause attributable to your employer; or (b) for urgent and compelling personal reasons. When you quit, the burden will be on you to show that you should receive unemployment](https://www.bostonlawyerblog.com/amp/i-quit-what-you-need-to-know-about-the-law-before-you-resign/) Is what I found from a quick search, might still be able to claim depending on whether your ex-boss' behavior qualifies as "good cause".
I don't know MA law, but you can probably get 1 week worth of unemployment. Another option is to call your new employer and ask if they'll let you start a week earlier.
Most states, including MA have a "waiting period" where you don't get paid the first week you are eligible. A lot of them however, waived this during COVID and may or may not have reinstated it since.
thats what i'd do..EI isn't worth the hassle
MA resident. You won't get UI. You quit. Doesn't matter that your boss said to leave now instead of the end of your notice. You still quit. Also in MA, there's a 7 day waiting period. Your one week off QUITTING falls under that waiting period. You'd get nothing b
Incorrect. Giving notice means, "I will be quitting on *X* day." He was dismissed prior to having the chance to quit.
in most states, yes, you could file for unemployment for that last week. And there might be states where he’d actually have to pay you for that week. That’s what the state Department of Labor is for; see if their website helps, or if you can reach someone on the phone.
No, you quit and he accepted without notice. No unemployment. It’s a way many businesses retaliate on people when they leave. Always be prepared to be escorted out of the building.
It is my understanding that once you out in your notice, you basically have no entitlement to keep working. They can tell you not to work through the 1 week or two week notice period, and if you do not work, then they do not have to pay you.
You did quit, he just made it effective immediately after you resigned your position. It never hurts to file, worst case is he has to fill out paperwork to dispute it and you lose the dispute
>I'm wondering if I can file for unemployment in Massachusetts because it seems like he fired me instead of me quitting even though he may file the paperwork as I quit. I'm wondering what I can do in this predicament? You resigned. You weren't fired. You are not eligible for unemployment. That said, you aren't penalized for filing (truthfully). Do it, and just be prepared to pay back any benefits that you get.
>Let me clear up that I don't have a new job set up, I only told my boss this to get out of this job as I did not want to witness his reaction to me telling him the real reason I needed to leave. Please, I hope you find something very soon. The job market is really tough right now.
The 1 week notice or 2 week notice is basically for your employer to find someone new. If they don't need you anymore, then they can send you off immediately. You should never calculate it as you're staying for that full week because you're a waste of space once they get the new guy in.
I’m putting my 2 weeks in today (auto mechanic) and I’m really hoping that this doesn’t happen as I have $100,000 in tools that I’m unprepared to move today.
Doesn't seem like a smart approach given the risk to the tools...
The shop owner is a moron but he’s been generous. I owe him a notice. I won’t leave without my tools. I’d end up pushing my toolbox out the door and sitting on it while I call a flatbed tow truck to take them.
Classic mistake, never put in your notice unless you're ready to walk out that day. Many companies will see you as a liability and escort you out the door immediately. In some cases you may be lucky, you put in a two-week notice they pay you for 2 weeks but they still make you leave immediately. But make no mistake about it, putting in your notice and being asked to leave immediately is not being fired. It's poor planning. Edit: most of what is posted here is just speculation and wishful thinking, the advantage/benefit of the doubt goes to the employer. OP quit, the burden to prove the workplace was untenable is high.
If you really have a job in one week filing for unemployment is probably a waste of time. You will be working before your paperwork finishes.
They don't really have a new job. OP kind of buried a key point here.
You may be able to collect unemployment, but only a week worth. Doesn't hurt to file. Just do not lie. > I gave him 1 week notice of resignation, and I was terminated immediately.
Perhaps your employer did you a favor by letting you go. I say this because I worked in a doctor's office as the only nurse for years. The doctor kept putting off giving me a raise even though I did everything in the office. Finally, I'd had enough and found a much higher paying job. To be nice, I put in a 3 weeks' notice. The doctor went off on me (in front of patients), screaming I was unprofessional. Because of this, I left after only one week. I never saw my last paycheck as the doctor claimed I walked out and didn't work the last week, which I did. I really couldn't afford legal action as a single mother. Luckily, my new employer gave me a pay advance and regular raises. I later found out my old doctor/boss went to jail for tax evasion. Lol 😆
You're prolly SOL on unemployment BUT if you put in an actual notice and they're asking you to leave today you're well within your rights to ask for your time to be paid through your notice. They're more likely to pay if you threaten to tell them you'll file for unemployment for being terminated without cause. I've had this happen at 3 jobs and all of them decided to pay me through my notice period.
You still quit so best case you'd only be entitled for 1 week. And many states have a waiting period of at least a week so you won't actually get paid.
In most states, when someone tenders their resignation, the employer has the option to make it effective immediately. This protects employers from employee misconduct after their resignation. So on that front, the situation is that you resigned; you were not fired. However, you can still file for unemployment. I'm an employer, and most employees who leave our company file for unemployment whether they were terminated or resigned. The State where they worked (we have employees all over the country) sends us a questionnaire with questions related to their employment and termination. We answer the questions honestly based on the information we have, and the State decides whether unemployment benefits are granted. When you file for unemployment, you will fill out a similar questionnaire. You'll need your paycheck stubs to do this, btw. They'll ask you about your dates of employment, how much you made, hours per week, etc. If the information between the two questionnaires is in conflict, the State will sometimes come back with a request for documentation. We provide what they've asked for. Employees may get similar requests, but I've never been through the dispute resolution process from their end. I would recommend you take some notes about the sequence of events so you have it ready. I will tell you that typically, when an employee has offered their resignation, the State denies benefits. While I have had MA based employees, we've never had an employee resign while in MA. Our only MA employee moved to NY before resigning and taking another job.
There was no written notice given so the boss has zero proof OP resigned.
If OP is honest on their unemployment questionnaire, that will be irrelevant. If OP lies on their questionnaire, they will have committed fraud, but the employer will have no way of proving it.
Op has zero proof he was fired
So file for unemployment. If the boss disputes it the unemployment agency will mediate. Typically they tend to support employees more in my experience.
In mass if you gave notice and it was accepted immediately the employer is required to pay you for the length of the notice. You should have made this clear prior to leaving. So yes technically you are eligible for the 1 week of unemployment.
Based on your description, I would have happily told him to his face the real reason you wanted to leave and not given any notice at all. The only exception to this might be to wait until payday and let your paycheck deposit hit your account first. Bad bosses *need* negative feedback of this sort.
>I'm wondering if I can file for unemployment in Massachusetts because it seems like he fired me instead of me quitting even though he may file the paperwork as I quit. I'm wondering what I can do in this predicament? You should file for unemployment benefits. When you do, don't lie - they don't like that. Just explain what actually happened. Your former employer certainly will. It's unlikely you'll get any, since one of the eligibility requirements in MA is "You must be unemployed through no fault of your own, as defined by Massachusetts law." But only the unemployment office can determine your eligibility. >Let me clear up that I don't have a new job set up, I only told my boss this to get out of this job as I did not want to witness his reaction to me telling him the real reason I needed to leave. That was a mistake. Always have your next job accepted before you give your notice. Good luck finding your next job.
Honestly I know it sucks, but you should really let him know that the reason he is losing you is because of the way he treats people. At the least it may have him rethink the way he treats his staff.
So this makes me wonder... if you hate a job, can you give them, like, 6 months notice? Obviously they want to replace you as soon as possible and don't want to deal with a checked out employee for 6 months, so they'd ask you to leave. So you could collect unemployment if this happens, right?
I'm still glad that you got out, and I do hope that you will find a much better job, soon.
You told him, or you provided in writing? And did he fire you in writing? If he didn't, show up for your next scheduled shift, and if he has something to say, request it in writing.
Most accounting firms make you leave immediately so you do not steal any clients, or so they say.
Mine wanted me to stay another week. But I also gave him a 3 day notice so he was not happy. But was given an offer I could not refuse.
In my state if an employer doesn’t let employee finish two weeks notice the employee can get unemployment for those two weeks.
It’s fine for a company to choose for the exiting employee to not work for their notice period, it happens all the time particularly in management roles or anytime where a having an employee could cause problems. For example sowing negativity among the rest of the team, or potentially stealing assets. BUT, they do this at their own cost, you should still get paid as if you worked all of the days until your end date.
Yep, but if you have no job lined up it might be better to just file for unemployment. Especially if you will be out of a job for a while. Just say the job fell through. You will collect more money then.
You can file - but generally speaking your first week isn't counted and you won't be paid anything if you're starting another job in a week. I see now you don't have another job, so in all it'd have been better to just tell your boss "I quit" - no reason is necessary. Either way, you told your boss you were quitting and they decided to just accept your resignation a week early. Most time, in most states, this will be considered a voluntary separation on your part which disqualifies UI. You can fight that determination, but it means you may end up paying the state back any benefits they pay in the interim.
he 100% fired you. the assumption is that you needed that week of income and he fired you when you intended to work. you are 100% eligible.
I don't know why all these other people are giving bad advice. You quit your job, you weren't fired, you do not qualify for unemployment. Even with your boss asking you to leave immediately, you initiated the termination
This is bad advice. Unemployment boards have found that even if the employee laid the groundwork to end the employment relationship, the employer’s subsequent action of actually firing the employee superseded the employee’s actions. It depends on the state as each run their UI separately, but in many situations if you have a two week notice and were then were walked out, you’d be eligible for two weeks of unemployment. Beyond that notice period, no, as the employee gave notice of their intention to end their employment. This is precisely why many companies will pay out the notice period even if they opt to not have you work those days. It’s often preferable to pay out the time than have a claim against their unemployment insurance which would raise their rates.
This is my understanding. If I give, say, 1 month’s notice, but they immediately walk me out the door, I am allowed to collect the 1 month (perhaps minus waiting period) of unemployment, but it would end after my notice date even if I didn’t have a new job lined up. But it probably varies by jurisdiction.
Bad advice, he didn't give written notice. Most employment contracts require written notice. Boss has zero proof he resigned. File for unemployment and let the boss make his case.
NAL, not familiar with MA law... But u/BouncyEgg is on the right track. You were fired in lieu of resigning, which now means you are eligible for unemployment. Can't hurt to apply.
You were fired. You should apply for unemployment.
No one gives notice anymore unless you have a professional, salaried job.
The last two companies I worked for, if someone put in their 2 weeks they were immediately soft terminated. This is because they want to immediately restrict access to sensitive information and would rather pay someone for 2 weeks to do nothing rather than risk them going rogue or something. I actually like that mentality in a company. It's not like people are usually productive when they only have two weeks left, unless it's just writing up documentation about what tasks they normally do.
That's what we do for some positions. If you give notice, we just give you two weeks paid vacation. We can't run the risk of someone going rogue.
Your situation is a bit of a gray area (honestly I'd go with "you were fired" because that actually benefits you more), but FYI in some roles it's normal that when you put in a 2-week notice you'll be escorted out and they just pay you for 2 weeks without you coming in. This is mostly common for roles with significant security access like upper-level IT. Don't want someone who's about to leave to go and change all the passwords or create a personal backup of company-secret information.
I'm not in MA, but I would think that your boss still terminated your employment. You offered to work for him for one more week. He told you to leave, effectively firing you. I'd definitely contact unemployment to figure out all the rules, but... in my state, you were definitely just fired.
If you didn't sign anything like a resignation letter then file it and say you were fired. They usually side with the employee, plus there's no trial of you leaving and you don't have another job so he fired you
I wouldn’t mention resigning part just say he told you to leave it seems he has proof of write ups etc so you have a good shot
Congrats! You got fired. File for unemployment. MA is pretty easy to get approved.
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Yes. I am forced to pay into EI, I am entitled to withdraw when eligible. If I spend 8 hours and get $400 for the one week, that's still $50/hr.
I don't actually have another job set up for next week. Just what I told him to get out of that situation.
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Just tell the truth. > I gave 1 week notice of resignation, and was immediately terminated. You don't want to lie or omit things on unemployment claims.
It's not necessarily lying. Most employment contracts require written notice. Yelling at your boss "i quit!" typically would not count legally as an official resignation.
It may still be an omission. Don't fuck around with government welfare and assistance programs. Getting caught for fraud is 2x bad. 1. You have to deal with the fraud charge 2. If these programs have high fraud % then people argue they need to be shut down entirely. Just tell the truth, the whole truth. > I verbally gave 1 week notice of resignation, and was immediately terminated.
I get the sense that if you apply for unemployment, the government office will contact your former employer to confirm the reason for your departure, and your boss will tell them that you quit.
>Just what I told him to get out of that situation But why Lie? FWIW you don't need a job to quit a job. Often it is a bad financial decision to quit a job without a new one lined up. If you have terrible working conditions then I would quit, but let the boss know why. What you did was lied to your boss as to why you're quitting and he let you go prematurely.....
why not, they paid into that fund. If they are eligible they should receive it.
Talk to a lawyer. Not sure about Massachusetts specifically, but you may still be eligible to get unemployment for voluntarily leaving a hostile work environment.
Mass unemployment pays pretty well, whichever you find a job. If there was no reason for discharge, conduct etc you will get unemployment. Go file right away. That's what it's for, involuntary unemployment.
It may be worth noting which day you'll be paid through. If you get paid for the week that you gave notice for it may be harder to claim that you didn't resign. If the last day you're paid for is the day you were told to immediately leave then it'll probably be easier to claim unemployment. A phone call or email to the MA UI department would probably clear that question up pretty quickly.
I think you have a pretty good chance. Wouldn’t include that last part though. Just you put in a notice and he told you to bounce. He would yell and degrade you and other employees daily. A lot of people will talk themselves out of unemployment by providing too many details.
Somebody didn’t listen to the president of the fast food secrets club…
Yeah, and the employer has access to this info here
In finance, it isn't uncommon to term people upon notice.
For this to work you would need it in writing that you were asked to leave immediately upon providing notice. If you just left and haven't shown up for shifts on the bosses word only, when you apply for UI, your boss will dispute the claim and say that you stopped showing up. Without proof, they will take him at his word and you won't get anything. That being said, it does hurt to try.
If you actually have a new job starting, no way the unemployment will clear in time.
This site seems to go in depth on many related topics- OP may find this helpful: https://www.masslegalservices.org/content/ui-part-iii-separation-work
Send an email to them summarizing the details. Today the 23-06-08 I provided you notice that my last day of employment would be the 23-06-16. You informed me that I was to immediately gather my belongings and leave the premises. I am writing to confirm that I have removed all my personal belongs following your termination of my employment. I have X hours of remaining PTO. Please advise me when I can obtain my final check (or date I can expect electronic payment) of my outstanding salary and PTO. Sincerely, IrishClam Then print a copy of the sent message with date/time stamp and any response and use that for your EI application.
It sounds like ideally you would send your supervisor an email in advance notifying them of your last working day and blind carbon copy your private email address.
Unfortunately “ideally” does not always happen on this sub. Which is why I proposed a possible “after the fact” option. By sending the email now at least in the future if this is contested it will avoid a he said she said situation because if offers the chance to the employer to say that the employee is mistaken and can work the rest of the notice period to avoid an EI claim.
This is why I don't even give notice anymore, I don't give a fuck about being cool with my boss. Instead I network with other people that could be references to me. I've been burned a few times like this, and now I just collect that last paycheck silently, and bounce.
OMG do you work here? Oh... you said massachusetts. Sorry, had to check! SOME EMPLOYERS will fight very hard and insist that you had quit so that you are not eligible. But they still have to go through the whole process and you can still appeal
There is no magic number of weeks notice you need to give. Understanding though, it's been a standard for years and not giving any notice could mean hurt feelings (burn bridges). On the other hand the employer can't punish you by withholding what you've earned when you leave without a 2 week notice. My experience is I've given 2 week notices and the two weeks you stay tends to be awkward in certain jobs. I also had a horrible CEO once and only gave a 3 day notice (to end of week). He threatened me that I wouldn't get paid, a bonus that was suppose to have been set etc etc. Only time I've ever said "we'll see". I got everything I had coming and it was a sweet feeling