Position Eliminated

**slimjen** · 05-09-2011, 12:48 PM

My question involves labor and employment law for the state of: North Carolina
All,
My position was elminated as part of a dept restructure. I was given an option for severance if I sign a letter which stated "employment ended effective (today's date) as a result of "voluntary resignation". I didn't voluntary anything. I am being let go. Is this standard for NC and am I still entitled to unemployment? I haven't signed anything yet.
Please help.

**Mr. Knowitall** · 05-10-2011, 07:34 PM

You are free to refuse to sign, decline severance pay, and apply for unemployment.

**LawResearcherMissy** · 05-10-2011, 07:34 PM

Don't sign it.

If you are being let go because your position is being eliminated, that's what you tell UI. Signing a form stating you've voluntarily resigned will almost certainly disqualify you for UI benefits.

**cbg** · 05-11-2011, 09:47 AM

I have a slightly different answer, since not signing it will mean you are waiving severance. My answer may not work, but it's worth trying.

Ask the employer if they would be willing to amend the severance option to say that it was a position elimination. It's not 100% certain that you'd be denied UI if you sign it, but it sure won't help your chances any.