Can an employer ask you to sign a waiver stating you will not file for unemployment benefits after job is over?
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Can an employer ask you to sign a waiver stating you will not file for unemployment benefits after job is over?
I did a 4 week job and in the start paperwork the agreement I signed stated that I would not draw unemployment on the company after job was over. I figured that meant that we
would be paid 1099 but that was not the case. We were paid through a payroll company and taxes were withheld and paid to the state. Can they inforce this?
Asked on December 21, 2016 under Employment Labor Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
State laws prohibit employees from waiving thier rights to unemployment compensation. This is done as a matter of public policy so as to protect employees from being coerced into giving up this money. Bottom line, what your employer had you to do was illegal and caccordingly this agreement cannot be enforced.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, they cannot enforce this: employees cannot give up their rights to unemployment in this way as a matter of public policy, since otherwise, *every* employer would require its employees to do this, and unemployment--a benefit which the government wishes people to have available--would effectively cease to exist. If they terminate you other than for cause, you are entitled to unemployment.
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