Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2018
    Posts
    1

    Default Can You Get Unemployment After a Severance Agreement

    My question involves labor and employment law for the state of: WA
    Hi - The company I work for wants me to leave but they want word the separation agreement to make it a voluntary discharge. The agreement will entitle me to 2 months of salary but since it is worded to be voluntary discharge, I have been told that I will not be eligible for unemployment claim. Is that the case for WA? How do I ensure that I can claim unemployment and protect my rights.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Separation Agreement - Asked to Leave in Wa State

    If you quit a job without cause you are generally disqualified from receiving unemployment.

    If you do not resign, what will they do?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Separation Agreement - Asked to Leave in Wa State

    And what is the reason that they want you to leave?

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

    Default Re: Can You Get Unemployment After a Severance Agreement

    Quote Quoting wa1sea1
    View Post
    My question involves labor and employment law for the state of: WA
    Hi - The company I work for wants me to leave but they want word the separation agreement to make it a voluntary discharge. The agreement will entitle me to 2 months of salary but since it is worded to be voluntary discharge, I have been told that I will not be eligible for unemployment claim. Is that the case for WA? How do I ensure that I can claim unemployment and protect my rights.
    You cannot if it is voluntary. Compare the amount of money you would get in two months severance to the amount of money that you could collect in six months of unemployment. Choose whichever gets you the higher amount of money.

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can You Get Unemployment After a Severance Agreement

    Take no one's word except the agency that you will not be eligible for unemployment benefits. Let them be the ones who make the decision. It costs nothing and there is no downside to FILING a claim, whether approved or not. I've seen many people who have cheated themselves out of benefits because someone outside the system told them they wouldn't be able to draw. Let the agency make that decision.

    Sign the paper if you want, and take the money. Concerning unemployment issues, DO NOT take the advice of the employer, who is diligently trying to keep you from drawing unemployment benefits, which cause their tax rates to go up. If you are out of work through no fault of your own, it may be that you qualify, regardless of what the employer has had you sign.

    Go on and file as soon as you are no longer working, even if you are getting severance.Tell the unemployment system exactly what you were told by the employer, stress that you did not have any choice on whether or not to "resign" from the job. Tell the unemployment people exactly how much you are receiving in severance, and LET THEM DECIDE. Do not take the advice of, or try to negotiate or bargain with your employer regarding unemployment. In fact, don't discuss it with them. It is not kosher for the employer to deceive you or try to bribe you into not filing for benefits, and there is nothing that they can do to stop you from filing a claim even if you've agreed not to or signed a letter saying you voluntarily quit.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: How to Enforce a Severance Pay Agreement
    By ScrewedinNJ in forum Employment and Labor
    Replies: 1
    Last Post: 03-22-2013, 11:45 AM
  2. Name Misspelled in Severance Agreement
    By tinfoil in forum Employment and Labor
    Replies: 3
    Last Post: 07-21-2009, 11:47 PM
  3. Severance agreement in dispute
    By jb291 in forum Employment and Labor
    Replies: 1
    Last Post: 12-06-2006, 10:34 PM
 
 
Sponsored Links

Legal Help, Information and Resources