If my son was laid off due to no fault of his own, can he be denied his unemployment claim?

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If my son was laid off due to no fault of his own, can he be denied his unemployment claim?

He worked for 1 year and 1 month. He was not terminated for cause; his termination was considered a reduction in force. They have denied his claim for unemployment based on some terms of employment agreement that was required to be signed at hiring. In short terms, it states that in the event of his termination for any reason, regardless of voluntary or involuntary, regardless of reason, he was forfeiting any claims of benefit (including unemployment). Is that legal?

Asked on April 2, 2012 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I do not believe it is legal--I do not think that an employee can waive his right to receive unemployment when he is terminated not for cause. You son should certainly appeal the denial; he should first consult with an employment law attorney, bringing with him a copy of the agreement for the attorney to review. Good luck.


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