If my boss let me go last week and now wants me to sign an agreement stating I voluntarily resigned, am I eligible for unemployment if I do?

My boss is offering 6 weeks severance, a reference letter, and uncontested unemployment if I sign an agreement stating I voluntarily resigned. Will this cause me to not be able to collect unemployment if the signed?

Asked on December 5, 2011 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you resign, you are not eligible for unemployment. As a practical matter, if you tell the unemployment office that you were laid off or terminated, and the employer does not contradict you, it is unlikely to come to light that you resigned...bear in mind, however, that (1) if you resign, you are not supposed to get unemployment compensation; and (2) that you may technically be committing fraud on the unemployment office--since you will be claiming UI even though you stated, in writing, that you had resigned.


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