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pattyvh
09-13-2007, 11:07 AM
:confused: my position was eliminated due to restructuring in the company i worked for. I was given a three page "SEPARATION AGREEMENT WITH RELEAS"E to read and sign in order to receive severence pay that has conditions to recieving the severence pay. If i dont sign it i dont get severence pay.
one of the paragraphs in this paper is titled "RELEASE OF CLAIMS". In the last sentence it reads, :"You are also waiving your right to receive money or other relief in any action instituted on your behalf by any other person, entity or governmental agency."
Does this mean that once the severence pay runs out and assuming that I have not found employment, that I am not able to apply or file an unemployment claim for unemployment which is a governmental agency "Department of Economic Security"? By signing this does prevent me from filing for unemployment? Please let me know asap. I was "released "yesterday and haven't signed anything yet.

cbg
09-13-2007, 11:12 AM
No, that does not refer to unemployment. That is standard language and refers to any wage claims, discrimination claims etc. that you might later decide to file.

pattyvh
09-13-2007, 11:20 AM
In this same letter, it has a COVENANT NOT TO COMPETE during the severence period, which makes it hard to find a job in the same industry during the severence period. is this legal? :(
Do i file for unemployment now or after the severence Pay runs out? They say they will paying in weekly increments, not up front. :cool:

cbg
09-13-2007, 11:23 AM
There is no possible way anyone here can judge the enforceability of an agreement we have not read. You will have to show it to a local attorney.

Apply for unemployment now. If you are not eligible until after the severance runs out (which in my state depends on the terms of the severance policy), the UI office will tell you. In most states, they will simply keep your claim on file until then.

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