Unemployment for Accepting a Notice Shorter Than What I Gave

My question involves labor and employment law for the state of: Minnesota

I have worked for a small bank chain in Minnesota for the past seven months after taking a full time position with full benefits. I have recently given my notice due to almost impossible work expectations, stress, and having to deal with a manager that is all about being cold shouldered, and critical, and in no way really encouraging of her staff.

I gave my notice after the schedule had already come out for the month of December. December in my bank is filled with a lot of vacation time that causes the staffing to be shorthanded. I decided to the the ethical thing and give the bank my notice, however, working thorugh the end of the year. (which figures out to be about six weeks).

Both of my supervisors (both branches I work at I have a supervisor), accepted my resignation for the full six weeks, appreciative of my wanting to stay and not complicate things, expecially during the busy month leading up to the holidays. My branch manager however knows that I am actually leaving for a community bank in the same town. She informed me that with bank employees going to competition, that the resignation may have to be effective immeadiately.

The head of Human Resources called me today (Friday after giving my notice on Tuesday), claiming that they would only accept a two week notice from the day that I gave notice. So my question is, that since my supervisors themselves accepted my resignation the way I wrote and signed it, can the company decide to force me out 4 weeks ahead of time? And if so, can I either file for unemployment for the 3 weeks (not counting the first week after their method of my notice) or get them to just pay me what I have coming wage wise?

They could have accepted your resignation effective immediately if they wanted to. Once you resign, it's up to them how long you work. And no, they are under no legal obligation to pay you for the unworked notice, regardless of why it was not worked. Some employers will do so; some won't. In the absence of a legally binding and enforceable contract that says otherwise, they cannot be legally compelled to.

There's no harm in applying for unemployment. Some states will grant it in these circumstances, some won't. So if you do apply you might get it and you might not; if you don't apply you definitely won't. There is no penalty for being wrong and it does not cost anything.

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Quoting cbg

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They could have accepted your resignation effective immediately if they wanted to. Once you resign, it's up to them how long you work. And no, they are under no legal obligation to pay you for the unworked notice, regardless of why it was not worked. Some employers will do so; some won't. In the absence of a legally binding and enforceable contract that says otherwise, they cannot be legally compelled to.

There's no harm in applying for unemployment. Some states will grant it in these circumstances, some won't. So if you do apply you might get it and you might not; if you don't apply you definitely won't. There is no penalty for being wrong and it does not cost anything.

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Yeah I figured that as much...When I listeded to the voicemail HR decided to leave me, they said the company only accepts 2 week notices. I'm actually a teller working for the bank, and a few weeks ago, we had a personal banker give about 4 weeks notice for leaving as well. However, she gets 4 weeks, and I don't, even though "the company doesn't allow for more than two weeks"?...

Company policy is what company policy is. "Only accepts" is not law.

Having said that, the only period you might be eligible for unemployment for would be from the day they actually let you go until the end of your notice period, less the one-week waiting period in your state (if it applies; the MN UI website sucks).