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resignation advice - and eligibility for UI? New York

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  • resignation advice - and eligibility for UI? New York

    Hello group: I am hoping you can give me some sound advice. I will be relocating within the next 6 months to join my husband in another state, where he has been working for 22 months/commuting. The plan is to hopefully sell the house within 5 months. I would like to give notice now to my employer ( i have been with them 10 years but we are now under new management so I am not sure about their loyalty to me) , because it will take some time to find a replacement due to the unique nature of my position. This would allow time to search for and train this person. I am considering giving 2 1/2 months notice. If I do this, what would happen if they found an ideal candidate before then and asked me to leave? would I be eligible for unemployment for the balance of my notice period? I know NY is an at will state?

    Am I risking my job and potential earnings by trying to "be nice" ? Should I just clam up and give 3 weeks notice when the time comes?

    Thanks!

  • #2
    Now is, IMHO, WAY too early. Unless you are in a very senior executive position, give the standard notice that the employer requests. They could very easily say "thank you very much, your services are no longer needed" and then where would you be for the next 6 months? Some states allow for "trailing spouse" for UI eligibility but I honestly don't know if NY is one them. You can call and ask.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Here is some info on trailing spouse NY - note section 1645.

      http://www.labor.state.ny.us/ui/aso/..._1600.htm#1645
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        "They could very easily say "thank you very much, your services are no longer needed" and then where would you be for the next 6 months?"...so there is no truth to the rumor that am employer has to honor your "notice" to resign...they could just get rid of me and I would have no recourse (I know, NY is an at will state, but if they got rid of me, even though I gave notice, (and there was"no cause") and I wasn't ready to move yet, OR would i be able to collect unemployment?

        in other words, they tell me so long, and I am still here for a few months - could I collect unemployment ? Thanks...and thanks for feedback on "trailing spouse"...that answered part 2....

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        • #5
          so there is no truth to the rumor that am employer has to honor your "notice" to resign

          None at all

          they could just get rid of me and I would have no recourse

          That's right.

          Only the state UI office can tell you for certain if you would be able to collect or not. It's very situation and state specific.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            I might add (with no disrespect to you) most employees overestimate by far how long it will take to replace them. This is a big reason for the advice others have given you to wait and give the 3 weeks notice that you mention. Another factor is, if your employer is in the process of planning any changes, knowing that you will be gone in 2 1/2 months anyway would push them towards replacing you sooner.

            I add my vote for a 3 weeks notice and also caution you about how much you say to your boss and your co-workers about your plans to join your husband.
            Last edited by Scott67; 09-09-2009, 03:17 PM.
            Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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            • #7
              This is one case where you need to forget about trying to be nice & think about yourself. I agree with the others - give the 3 weeks notice.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Calculate the time you can afford to be without a job, and give notice accordingly. If you wouldn't be hurt if they said "ok, goodbye" at say, one month's notice, and you feel like doing the "nice thing", then go ahead and do it. If you cannot afford the risk of being let go immediately however, give 2-3 weeks.

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                • #9
                  THanks everyone! I am going to think about myself and not be "nice" LOL!!! 2 weeks it is!

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                  • #10
                    Sounds good.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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