Giving Notice, Being Asked to Leave Early, and Unemployment.

February 12, 2013 11:28 AM

I'm in MA. I'm about to give my two-weeks, but I'm guessing they're going to tell me to just leave. Could I apply for unemployment to fill the gap between the job I'm leaving and my new job?

I've been on a few job interviews in the past week and one I think is going to lead to an offer (I had two rounds of interviews, then a third meeting with the CEO and they asked for references). I'm already plotting my escape from my current hellish job. I'm in Massachusetts.

I plan on giving two week's notice and my last day of employment (coincidentally, really) will be on the day that we get our annual bonus payouts. I'm about 60% certain though, that they are going to ask me to leave a day or two after I give my notice however (most likely so they can deny me of my bonus).

However, where I wouldn't be starting my new job for another 3 weeks, could this allow me to apply for unemployment? I know that I'm voluntarily leaving, but they would be telling me to leave early. I know this might be a stretch.

posted by anonymous to work & money (22 answers total)

It's extremely unlikely that filing for unemployment would do you any good: firstly because if you've quit, you've quit, and there's no 'firing' involved; and secondly because there's no way the unemployment office would move that fast. Sorry.
posted by easily confused at 11:32 AM on February 12 [1 favorite]

Nope, sorry; you have to get laid off in order to collect unemployment. You may, however, qualify for food stamps. And could you maybe temp for those few weeks?
posted by Specklet at 11:32 AM on February 12

Why wouldn't you wait the extra two weeks, get your bonus, and then give in your notice?
posted by MrBear at 11:32 AM on February 12 [36 favorites]

I'd say this is a stretch, although I am not an employment attorney. What I would really question, though, is why you would leave the bonus on the table. Were it me, I would not resign until after I had that payment in hand.
posted by OmieWise at 11:32 AM on February 12 [5 favorites]

Don't resign until you get your bonus, if it's at all substantial. So what if it means you only give one week's notice at that point? It sounds like you won't need to work that out anyway.
posted by Sidhedevil at 11:35 AM on February 12 [5 favorites]

Yes, don't tell them ANYTHING until you have that bonus in your hand, even if it means leaving flat without two weeks' notice.
posted by Citrus at 11:37 AM on February 12 [4 favorites]

Don't give notice until you have a signed offer in hand. Don't give notice until after your bonus is given (and cashed/deposited) and it's the last day you need to work, budget-wise.
posted by mikepop at 11:37 AM on February 12 [2 favorites]

Nope, sorry; you have to get laid off in order to collect unemployment.

I have no idea about the OP's eligibility, but that's not true.
posted by jacalata at 11:38 AM on February 12 [3 favorites]

If you give two weeks notice and your company terminates you instead, you can file for unemployment. However, it's more likely that you'll give two weeks notice and they'll ask you not to come in, but pay you for those two weeks instead. In that case you wouldn't be able to file. Cite: LaborLawCenter

I'd wait for an offer in-hand before giving notice, and I'd probably try to set my start date for the second company two weeks after bonuses are given.
posted by muddgirl at 11:38 AM on February 12 [1 favorite]

I'm assuming you are an exempt employee? You are salaried not hourly?

1) You should really just wait until you get paid your bonus
2) If they've already told you what your bonus will be and when it will be paid you most likely have a right to still receive it even if you've resigned effective post the date of payment.
3) If you give two weeks notice they might tell you not to come in, but they will pay you out the two weeks or they will have to technically lay you off - which is not worth it for them. So you would not be able to receive unemployment unless they choose to lay you off.

If your bonus is more than a nominal amount you really ought to speak with an employment lawyer.

But yeah - really just wait until the bonus is paid.
posted by JPD at 11:39 AM on February 12 [2 favorites]

(that is, assuming you value the bonus over the peace of mind of getting out of a job a few days earlier. If it is extremely "hellish" maybe you value getting out over the money.)
posted by mikepop at 11:39 AM on February 12

Push out your other job, they can likely wait an extra week
posted by bottlebrushtree at 11:48 AM on February 12 [1 favorite]

Seriously, wait to quit till after you've received your bonus. What you're planning to do is silliness based on an urge to get outta there, especially since you'll have a gap before the new job.

You're not getting unemployment insurance regardless, because you quit your job.
posted by Kololo at 11:58 AM on February 12 [1 favorite]

If you think they'll be a dick and not give you your bonus, then why give them notice at all? You have the job already on the other side, you no longer need an immediate reference. Get your bonus in hand and then hand in your immediate reservation. It's on them for being unreasonable.
posted by inturnaround at 11:59 AM on February 12 [1 favorite]

When I was in Arizona I gave 2.5 weeks notice and was asked to leave that same day. I filed for unemployment knowing that I would not get it... but I DID get it! Apparently in AZ there is a loophole which states if you give more than a 2 week notice and you are asked to leave before that time it is just like being fired.
Of course MA may be different but I would try for it! You never know!!
posted by phytage at 12:07 PM on February 12

MeMail me.
posted by mkb at 12:30 PM on February 12

I would get the bonus, sit tight, and give ONE week's notice. You're sure they won't keep you, so I wouldn't worry about it. Two weeks notice is nice, but not necessary, so make it work out for you.
posted by raisingsand at 12:59 PM on February 12

Ooh...good luck. I've been told to leave a few days into leaving notice, but have been paid for the two weeks. Definitely check your company policies and print them out for your files, including payroll schedule and any other documentation.
posted by floweredfish at 2:01 PM on February 12

I agree that you should push back your start date with the other company so you can give two weeks' notice AFTER you get your bonus. If the new job wants you sooner than that, they could pay you a signing bonus to make up for what you'll be forfeiting by leaving your current job before bonuses are paid.
posted by TrixieRamble at 2:01 PM on February 12 [2 favorites]

Beware: the "checking references" stage, or the subsequent "we want to hire you, now just working the paperwork through HR" stage can last quite a bit longer than seems necessary. I'd definitely wait until I had a confirmed offer with start date from the new place before breathing a word to the old one.
posted by msbubbaclees at 2:50 PM on February 12 [2 favorites]

I am not an employment lawyer (or any kind of lawyer) and certainly not yours, but it appears that Massachusetts is an "at will" state, which means you don't need to give two weeks notice at all. Given that, I echo what everyone else is saying. Stick around to collect your bonus and then leave. Or stick around another week and move directly to your new job. Legally (again, not a lawyer) you don't have to give two minutes notice.
posted by It's Never Lurgi at 4:01 PM on February 12

IANAL, TINLA, ROFLCOPTER.

Do not say a word until (1) you have a written job offer with salary/compensation and a start date and (2) your bonus both in hand. At that point, giving two weeks notice is a professional courtesy but not a requirement (check your employment contact if you have one, it might stipulate otherwise).

If you give two weeks notice and they ask you to leave immediately and not return and they will not pay you for those two weeks, file for unemployment, you were just laid off. Most places that will ask you to pack your bags right then because they don't want you around for liability reasons (hello sysadmins!) will pay you for the two weeks so they don't have to deal with your unemployment claim.
posted by Brian Puccio at 6:11 PM on February 12 [1 favorite]