Legal Question in Employment Law in New York

If I went in to work and handed my resignation in on Monday, Nov. 16th and my boss told me they only terminate on Friday's, is it proper that I put Nov. 20th on that letter. But after doing so and leaving can they back date my termination to the previous Friday Nov. 13th? and if so can I consider myself fired before my resignation and therefore apply for Unemployment insurance?

Asked on 11/23/09, 9:45 pm

1 Answer from Attorneys

John W. DeHaan DeHaanBusse LLP

Generally, New York is an "at will" employment state, meaning you can quit or your employer can fire you for any reason except an illegal one (i.e., employer can't fire you because of race, religion, etc.) and as long as there are not restrictions on termination (e.g., employment contract, union contract). Therefore, if you "resigned" on November 16, that would be the day you terminated employment. Also, you generally need to be fired to collect unemployment benefits in New York, but there are exceptions.

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Answered on 11/30/09, 12:22 pm

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