If I sign a separation agreement and general release can I still get unemployment after severance pay is completed
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If I sign a separation agreement and general release can I still get unemployment after severance pay is completed
Company says they are going in a different
direction and I am terminated. They gave me 60
days severance and I need to agree that I
resigned. I emailed them yesterday asking if I
was still eligible for unemployment if
necessary and would they approve it. Still
waiting on reply.
Asked on March 7, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you resign, you cannot receive unemployment: unemployment is for "involuntary" separations from employment (e.g. termination; being laid off), not when you leave on a "voluntary" basis (e.g. quitting, resigning).If you sign something stating that you resigned, then legally, you resigned, even if you were offered an incentive (e.g. severance) to do this: your separation from employment will considered a voluntary separation because of what you signed and you will not be eligible for unemployment benefits.
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