Can I file for unemployment if offered a lump some payment at termination?

Have a letter that states if I receive
the lump sum payment when my employment
ended, I release ansd waiver of any and
all claims of any and every kind that I
may have against the company. Does this
mean that I would not be able to file
for unemployment if I accept the lump
sum payment?

Asked on February 21, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you cannot be required or made to give up your right to unemployment. Private agreements cannot supercede the law, and the law gives you the right to file for unemployment if terminated other than for cause. The release agreement means you can't sue your employer for unpaid wages, for wrongful termination, etc., but you can seek unemployment so long as you are otherwise eligible. 


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