Can You Get Unemployment Benefits When You Put in a 2 Week Notice at Your Job? | Legal Beagle

Can You Get Unemployment Benefits When You Put in a 2 Week Notice at Your Job?

Can You Get Unemployment Benefits When You Put in a 2 Week Notice at Your Job?
Jun 2, 2011
2 minute read

Voluntarily quitting your job disqualifies you from receiving unemployment benefits. The fact that you gave two weeks notice is irrelevant. The Department of Labor, which establishes the rules for unemployment benefits eligibility classifies quitting your job as one of several circumstances that make you ineligible to file a claim. On the other hand, lack of work or a job elimination qualifies you for unemployment benefits.

Basic Eligibility Requirements

To collect unemployment benefits, you must meet basic eligibility requirements under the law. First, your wages must meet a certain threshold. Secondly, you must be partially or fully unemployed and have an approved separation from your job. In addition, the law requires that you are available to work and actively seeking employment. Your participation in re-employment services is also required.

Approved Job Separation

A clear case of a layoff or job elimination entitles you to unemployment if you meet the basic eligibility requirements. Whether you give your employer two weeks' notice or abruptly leave without warning equates to quitting your job, which is not an approved job separation. In such a case, you no longer qualify for unemployment benefits. You may file a claim, but, after conferring with your employer, the DOL will most likely issue a denial of unemployment benefits.

Hearing Process

Quite often, the details surrounding a job separation come into dispute. Your employer has the right to appeal your unemployment benefits. The DOL established a hearing process for such occurrences. An administrative law judge or appointed commission listens to both sides in the case to make an unemployment benefit decision. If the DOL issues a denial, you have the right to appeal the decision; however, it is difficult to overturn an original decision.

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Insight

You may still qualify for unemployment if you leave your job for a valid reason. It is up to your employer whether it intends to fight your unemployment claim. Before quitting your job, talk to your manager or supervisor regarding the circumstances surrounding your departure. Don't count on getting a sympathetic ear from your employer if you do not have a valid reason for leaving your job.

Randolf Saint-Leger

Randolf Saint-Leger began his professional writing career as a junior research analyst. His writings have appeared in various online publications as well as "First Call," a leading news source for professional fund managers. Saint-Leger…

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