If I sign a severence agreement, can I still apply for unemployment?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I sign a severence agreement, can I still apply for unemployment?

For a job I worked in FL that is goverened by the laws of VA.

Asked on October 22, 2010 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue isn't generally severance or not per se--it's whether you left involuntarily (fired, laid off, terminated, etc.) or voluntarily. If you left voluntarily--so if you resigned, for example--then you can't get unemployment; if you were involuntarily separated, as long as it was not "for cause" (e.g. theft, violating policies, excessive absenteeism, etc.), you can get unemployment. The severance agreement could come into play in that if it says you resigned--if that's what you sign--then you can't then apply for unemployment.

Also note: the one way that the actual severance payments can affect UI is this: if the severance is paid out over time, say on regular paydays, and you're effectively being kept "on payroll" even though not working, while still on payroll, you can't get UI. A lump-sum severance payment would not cause an issue.


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