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Laid off Signed Unemployment waiver for 2 weeks severance pay Nebraska Nevada

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  • Laid off Signed Unemployment waiver for 2 weeks severance pay Nebraska Nevada

    EDIT: Not sure why that says Nebraska Nevada -- This is meant for Nevada only! Sorry for an confusion

    I was working for a company and got laid off. They gave me a choice between a severance package and signing a waiver that says I can not file for unemployment or allowing to file for unemployment and no severance package. I took the severance pay. I was lucky enough and got hired within a week elsewhere doing contract work for 2 months then got laid off there as well. I filed for unemployment at the beginning of the week and now the company says they are going to fight it.

    I also was not given any specific amount of time to sign the agreement and there is nothing in the agreement stating any dates

    This is the exact wording:

    "In lieu of collecting unemployment benefits, you may elect severance pay. As an employee with 2.5years of service, you are eligible to receive two week's severance pay plus 25.80 hours of vacation. If you elect severace pay in lieu of unemployment benefits, you will not be eligible to receive unemployment benefits. If you wish to elect severance pay, please indicate your election by signing below and returning this Notice to the Management Team immediately. Your election of severance in lieu of unemployment benefits is irrevocable."

    The part I signed said:

    "I wish to elect full severance pay as described in this Notice. I understand and agree that by electing full severance pay, I forgeit all rights to unemployment benefits. I understand and agree that by electing severance pay, my layoff will create a break in service. I understand and agree that my election of severance pay is irrevocable."

    This was not a fully written out contract that's pretty much all it said. Nothing was defined and I was given no timeframe to sign this, the research I have found said I have 21 days to think over and sign documents like this? I kind of felt pressured and overwhelmed at the same time. On top of all that the employer made the severance package sound better because "I could find a job very easy" and "The unemployment benefits will only last a few weeks".

    I filed for unemployment at the beginning of this week and, to my surprise, my benefits are at a maximum of 26 weeks! The severance package was less than $2,000 and had I known that my unemployment benefits would have been almost $400/week I would never have accepted the severance package in lieu of unemployment benefits. Please any advise would be helpful!
    Last edited by LVNeptune; 12-12-2008, 08:32 AM. Reason: Nevada ONLY

  • #2
    Such an clause waiving your right to file for unemployment would not be enforceable. The state decides whether you receive UI benefits, not the employer. You're over 40 then? That's when the 21 days kicks in and you have 7 days to rescind.

    I see you filed anyway, which was the right thing to do. Even a clean claim can take 3-4 weeks from filing before you get your first UI check.
    Last edited by Pattymd; 12-12-2008, 08:32 AM.
    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
      No, no. I am 20...I thought anything over 21 days applied to people under 40 and over 21 days over...Guess not =)

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      • #4
        That's not my understanding. The 21 days and 7 days is a function of the ADEA (Age Discrimination in Employment Act), which applies over if 40 or over.

        If you have some documentation to show otherwise, I'd be interested in reading it.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          No...I don't.

          Do you have anythin referencing that their agreement is void? I have a feeling when I have to go see the administrator they will immediately side with the employer if I don't have facts.

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          • #6
            One unenforceable clause does not void the entire agreement. However

            NRS 612.700 Waiver of rights void.
            1. Any agreement by a person to waive, release or commute his rights to benefits or any other rights under this chapter is void,
            http://leg.state.nv.us/NRS/NRS-612.html#NRS612Sec700
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Correct, There was nothing else in the agreement just me taking the severance pay and relinquishing rights to file for unemployment. I read that NRS chapter and figured something in there would help. Thank you =) I will buy you a beer when I turn 21

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              • #8
                Originally posted by LVNeptune View Post
                Correct, There was nothing else in the agreement just me taking the severance pay and relinquishing rights to file for unemployment. I read that NRS chapter and figured something in there would help. Thank you =) I will buy you a beer when I turn 21
                I'm not a beer drinker, but a glass of wine would work.

                You're welcome.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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