I've been through this exact scenario twice in my career - once in retail and once at an office job. Both times I was approved for unemployment benefits. The key thing is that you didn't voluntarily quit your job - you gave proper notice with the intention of fulfilling your obligations, but your employer made the decision to end the employment relationship early. That's considered an involuntary termination. When you file your claim, be upfront about giving notice but emphasize that you were willing and available to work through your notice period. The fact that you have another job starting soon actually works in your favor because it shows you're actively seeking employment and not trying to abuse the system. Just make sure to report your new job start date when filing so they can calculate the benefit period correctly.

I work in HR and deal with these situations regularly. You're absolutely entitled to file for unemployment benefits here. When an employer cuts short a notice period, it becomes their decision to end the employment relationship early - that's a discharge, not a voluntary quit. The NY Department of Labor recognizes this distinction. I'd recommend filing your claim as soon as possible since there can be a waiting period. Be straightforward about the sequence of events: you gave proper notice intending to work through it, but your employer chose to terminate you immediately. Having documentation like texts or emails about the notice and their response will definitely strengthen your case. Don't stress about having another job lined up - you're legitimately unemployed through no fault of your own for those gap weeks.

UGH this happened to my friend too. These companies think they can just avoid paying unemployment taxes by calling everyone contractors. At least NYS Department of Labor investigates these cases but it shouldn't be on the worker to prove they were misclassified. The whole system is backwards.

I went through something similar a few years back. The key thing to know is that NYS Department of Labor takes worker misclassification seriously and they have specific procedures for these situations. When you file your claim, make sure to select the option for "disputed wages" or "missing wage records" - this will trigger their investigation process. Document everything you can: emails about schedules, company handbook references treating you as staff, any benefits they offered, tax documents they gave you (1099 vs W2), etc. The investigation might take time but if they rule the employer misclassified you, you'll not only get your unemployment benefits but the employer will face penalties for not paying their share of unemployment taxes. Don't let them intimidate you - this is exactly what the system is designed to handle.

wait so if you quit you can still get unemployment?? I thought that was automatic disqualification

Just want to add that if you do decide to quit, make sure you exhaust all internal remedies first if possible - like filing complaints with HR, requesting transfers, or asking for mediation. The Department of Labor will look at whether you made reasonable efforts to resolve the situation before quitting. Also, keep in mind that even if you qualify for benefits after quitting, there might be a waiting period before payments start. I'd suggest consulting with an employment attorney if the situation is really severe - some offer free consultations and can help you understand if your case would meet the "good cause" standard.

I had the same issue when I first filed! The calculation seemed wrong but it turned out one of my previous jobs hadn't reported my wages correctly to NYS Department of Labor. I had to get my old pay stubs and contact them to get it fixed. Took about 3 weeks but they did adjust my weekly amount upward. If you think there's an error, definitely appeal or at least call to ask about it.

The whole system is a joke honestly. They use this ancient formula that doesn't reflect what people actually need to live on. $184 a week? That's nothing in NY! And good luck getting anyone to explain it properly or fix errors.

Actually had a similar situation when I got laid off from my bartending job - the seasonal nature of restaurant work really messes with the base period calculations. Ended up getting it recalculated and my weekly went up by like $80. Definitely worth asking about if your recent earnings were higher.

The base period calculation definitely catches people off guard! I went through this same confusion when I filed last year. One thing that helped me understand it better was looking at my actual quarterly earnings on the NYS Department of Labor website - you can log into your account and see exactly which quarters they used and the amounts. It really shows you why your benefit might be lower than expected if you had a recent pay increase or seasonal work patterns. Also, even though $347 might seem low compared to your recent pay, remember that unemployment benefits aren't taxed the same way as regular wages, so the actual difference in your take-home might not be as dramatic as it first appears.