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Severance agreement....not to file for unemployment

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  • Severance agreement....not to file for unemployment

    My former employer is offering me a severance package based on not filing a discrimination suit, and not filing for unemployment. I have heard that I can not sign away my right to unemployment. Is this true?

  • #2
    That is correct. That clause of the agreement would be unenforceable.
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    • #3
      Agreed, although IF you have the choice between accepting the severance package and terminating your employment OR refusing the severance package and continuing your employment, THEN the employer could at least make the argument that you have quit. I am not saying that the argument would necessarily work (or not work), but the argument could be made. At the end of the day, the only parties whose opinion actually matters is the state UI people.

      I worked for one employer who tried exactly those types of games. I did not hear how that turned out UI wise.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        The OP said former employer so I assume his employment with the co. has
        already been terminated.
        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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        • #5
          Understood. But "terminated" how? Did the employee take any action which can translate to a claim of quit? Does the agreement include a statement that the employee quit? Buying off the discrimination claim is one thing. But the UI and the discrimation claim are legally unrelated matters. Having the employee sign something saying that they will not file UI is dumb and pointless. Having the employee signing a document that says "I QUIT" is neither dumb or pointless. Having the employee signing a document that says "I will not file for UI because I quit" is neither dumb or pointless.

          Severance agreements 99% of the time are quid pro que documents. Do this in exchange for that. The "severance pay" is the bait. What is unclear is the exact nature of "the hook". Someone needs to take a very hard look at the exact wording of the document to determine that.
          Last edited by DAW; 01-18-2011, 06:09 PM.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Originally posted by DAW View Post
            Agreed, although IF you have the choice between accepting the severance package and terminating your employment OR refusing the severance package and continuing your employment, THEN the employer could at least make the argument that you have quit.
            I was just saying I think OP no longer works for the co. so I don't think they are
            offering to OP continued employment even if OP refuses severance. OP said former
            employer.

            We don't have enough details to know anything further.
            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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