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  1. #1
    Join Date
    Nov 2013
    Location
    Tualatin
    Posts
    1

    Question Are You Elgibile for Unemployment if You Accept a Buyout Instead of Layoff

    My question involves unemployment benefits for the state of: OR

    My company announced that it needed to reduce its workforce by ~95 employees (out of ~300). They offered a severance package to anyone willing to quit. If they did not get a sufficient number of people to accept, they would layoff enough workers to get to the 95 number.

    Since I was among the more recently hired, and since my last review was not good (though not bad), I figured my odds of being laid off were pretty high. So I chose the severance package instead.

    Not enough people accepted the severance package and the company has announced that it would go through with a small number of layoffs in the near future.

    Am I eligible for unemployment benefits?

    One more note, for what its worth: the company has declared that they will NOT contest any unemployment claims and actually wrote that into the severance contract.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Chose Cash to Quit to Avoid Laid Offs. Am I Still Eligible for Unemployment Benef

    The only way to find out for sure is to actually apply. It won't cost you anything.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Chose Cash to Quit to Avoid Laid Offs. Am I Still Eligible for Unemployment Benef

    Don't tell UI that you accepted this buyout voluntarily. If the employer is truly not contesting, just say that you were discharged as a cost saving measure.

    If you put that you quit or voluntarily accepted a severance, there is enough mixed case law on the topic that you might cost yourself UI for no other reason than you said the wrong thing when the employer wasn't going to contest anyway.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Chose Cash to Quit to Avoid Laid Offs. Am I Still Eligible for Unemployment Benef

    Quote Quoting chyvan
    View Post
    Don't tell UI that you accepted this buyout voluntarily. If the employer is truly not contesting, just say that you were discharged as a cost saving measure.

    If you put that you quit or voluntarily accepted a severance, there is enough mixed case law on the topic that you might cost yourself UI for no other reason than you said the wrong thing when the employer wasn't going to contest anyway.
    You do however, have to admit that you got a severance package.

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Chose Cash to Quit to Avoid Laid Offs. Am I Still Eligible for Unemployment Benef

    Quote Quoting llworking
    View Post
    You do however, have to admit that you got a severance package.
    Correct, I wasn't clear about that, but you don't have to say "voluntarily."

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