Separation Agreement and Unemployment

judonoh_us · 10-10-2008, 02:21 PM

My husband was let go by his employer for no real reason. They did tell him that they would pay him 4 weeks Severance (weekly, not a lump sum) if he signs a Separation Agreement. The only thing I'm worried about is that he won't be able to collect unemployment if he signs that agreement. Also, if he can get unemployment, can he get it while he's collecting his Severance or does he have to wait until after?

Bricks41 · 10-18-2008, 12:00 AM

If there was "no real reason" it would be considered a lay off. During the 4 weeks of severance pay, they expect an individual to get alternative employment, not "ride" on it to milk the money.

If a company offers someone severance pay, they are counting on that person finding another job rather quickly so they will not have to take the umemployment rate increase by having this person drawing money against their unemployment account.

He would still qualify for unemployment compensation if he were to run out of the severance money.

10-10-2008, 02:21 PM	#1
judonoh_us Junior Member Last Online: 10-10-2008 02:22 PM Join Date: Oct 2008 Posts: 1	Separation Agreement and Unemployment My husband was let go by his employer for no real reason. They did tell him that they would pay him 4 weeks Severance (weekly, not a lump sum) if he signs a Separation Agreement. The only thing I'm worried about is that he won't be able to collect unemployment if he signs that agreement. Also, if he can get unemployment, can he get it while he's collecting his Severance or does he have to wait until after? Last edited by judonoh_us : 10-10-2008 at 02:22 PM.

10-18-2008, 12:00 AM	#2
Bricks41 Veteran Member Last Online: 11-18-2008 12:08 AM Join Date: Jun 2008 Location: Ohio Posts: 81	Re: Separation Agreement and Unemployment If there was "no real reason" it would be considered a lay off. During the 4 weeks of severance pay, they expect an individual to get alternative employment, not "ride" on it to milk the money. If a company offers someone severance pay, they are counting on that person finding another job rather quickly so they will not have to take the umemployment rate increase by having this person drawing money against their unemployment account. He would still qualify for unemployment compensation if he were to run out of the severance money. __________________ Human Resources Manager & Payroll Administration ~~There is a balance between the Employees and the Employer~~

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