IfI take a package and separate in lieu of layof,f amI eligible to collect unemployment benefits?

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IfI take a package and separate in lieu of layof,f amI eligible to collect unemployment benefits?

Actual layoffs at my company are to happen in about 5 months. If I decide to take a transition package (6 months pay + $), I am to separate in lieu of layoff at the end of next week.

Asked on December 22, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, if you accept the severance package and separate from your job, that would be a voluntary separation--you are choosing whether and when to leave employment. Voluntary separations do not entitle someone to unemployment insurance or compensation; you can only get unemployment if you are terminated (fired or laid off) from you job (not for cause), and not if you leave ahead of threatened layoffs in exchange for receiving severance.


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