If I sign a separation agreement and general release can I still get unemployment after severance pay is completed

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption