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Eligibility for unemployment

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  • Eligibility for unemployment

    I worked for a company in Tennessee which had a voluntary special separation which I decided to take advantage of. I also had enough points to retire so I did. Now that I have filed for unemployment, the company is protesting me receiving unemployment saying that I chose to retire. Do they have a leg to stand on?

  • #2
    Quite possibly, but without having read the agreement it's impossible to say for certain.

    In most cases and in most states, if you CHOOSE to leave your employment, you are not eligible for unemployment benefits. There are exceptions, but most of those exceptions involve either illegal treatment towards the employee that has been reported but not dealt with, or (in a small handful of states only) if you are relocating due to a spousal transfer.

    Based SOLELY on the information you have posted, my guess is that your employer will prevail here, but it is possible (not likely, but possible) that the exact wording of your retirement agreement may have some clause in it that gives you some standing.
    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.


    • #3
      This sounds like a voluntary seperation. I don't think you are going to be entitled to unemployment.