Can I receive unemployment if I was fired?

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I put in my resignation as I found another job closer to home. Then received a call from work saying I didn't need to come back and did not let me finish my two weeks. Would that be considered as firing me??

Attorney Answers

3
Neil Pedersen ·
It is very common for an employer to terminate an employee who gives notice of leaving. Generally, for purposes of future resumes, it is not unreasonable to characterize this situation as a quit, not a firing. For purposes of unemployment insurance, you do not qualify if you voluntarily quit. At best you would have two weeks of unemployment for which you would qualify for benefits, less the qualifying period. After the two weeks you will have been subject to a voluntary quit. Good luck to you.
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Frank Chen ·
Not likely if you voluntarily quit. In California, in order to be eligible for unemployment insurance benefits, you need to have been unemployed through no fault of your own. When an individual files a claim for unemployment benefits, the EDD documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide written information about the reason the individual is no longer working when responding to this notice. If the individual quit, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for unemployment benefits, according to state law and regulations. California law provides that an individual who quits his/her job may be eligible forunemployment benefits provided there was "good cause" for leaving employment, and the individual made all reasonable attempts to keep their job (e.g., request of leave of absence or transfer). Once all reasonable alternatives to leaving have been attempted, good cause may include situations such as leaving work due to unsafe working conditions, leaving work based on a medical doctor's advice, or leaving work to protect oneself or one's child from domestic violence. The EDD staff will determine on a case-by-case basis, whether the facts presented for the quit are "good cause" according to state law. Of course, the individual must also meet all other eligibility requirements before unemployment benefits can be paid. The EDD’s law and policy guidelines regarding "Voluntary Quits" are available on the EDD Web site at: http://www.edd.ca.gov/UIBDG/Voluntary_Quit_-_Table_of_Contents.htm
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Lesly Adams ·
If you gave a two weeks' notice & were "terminated" before the two weeks were up, you could be eligible for UI benefits IF the employer refused to pay you through the two weeks. On the other hand, if the employer paid you through the two week period, you would not be eligible for UI, unless you could prove you had "good cause" to quit. Finding a new job closer to home is not, in and of itself, going to rise to the level of good cause. Good luck to you in your new job!
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