If I accept a severance, will it prevent me from claiming unemployment?

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If I accept a severance, will it prevent me from claiming unemployment?

I was recently laid off and am unsure of my next steps.

Asked on January 25, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) If the severance agreement (if there is one) states that you are resigning, quitting, or otherwise voluntarily leaving, then you would not be eligible for unemployment, since you would have agreed in writing that you were not fired, but left of your own free will.
2) If it does not, then it doesn't stop you from collecting unemployment (assuming you are otherwise eligible for it), but may delay you getting it until such time as the severance has been fully paid out (while it is being paid, you are considered still employed for unemployment benefits purposes).


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