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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31663
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Hi, I work for Intel Corp. I fell into a category of employees

Customer Question

Hi,

I work for Intel Corp. I fell into a category of employees that could receive a "Voluntary Separation Package" if I "volunteer" to "separate" am I the "moving Party"? Or is Intel the Moving Party because they offered it to me. Is this considered voluntarily quitting? Does it make me not eligible for Unemployment when my severance runs out?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

You are not being compelled in any way to accept the separation package?

Customer: replied 2 years ago.
Nope. I am being enticed with the money in the package.
Expert:  Tina replied 2 years ago.
I see.

If you accept the separation package, you would normally not be eligible for unemployment benefits since the employer is not terminating you involuntarily without good cause.

Since you are not being compelled to end your employment in any way, the commission would typically deny your application for benefits since it is the equivalent of a voluntary termination, which makes you ineligible for benefits normally.

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Customer: replied 2 years ago.

If I decide to volunteer for the VSP, what will Intel tell a state unemployment agency if asked why I left?

4 | P a g e Intel's response will be that you voluntarily elected to leave Intel in exchange for a pay and benefits separation package.

18. Will I be eligible for unemployment?

Each state's unemployment agency will determine whether employees who elect VSP and leave Intel are eligible for unemployment insurance based on the state's eligibility rules. To understand the impact of receiving a VSP package on your eligibility for unemployment compensation, contact your state's unemployment agency.

Expert:  Tina replied 2 years ago.
If you apply for benefits, the company would typically inform the commission that you voluntarily terminated your employment since that appears to be the case. This would typically make you ineligible for benefits.

I'm sorry but that is the reality of the situation.

All the best to you.



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Customer: replied 2 years ago.

What about this answer:

http://www.justanswer.com/employment-law/1x1oj-accepted-voluntary-separation-package-previous.html

 

At the end he says:

"I can say I belive you will get at least a portion of full benefits, if not full benefits. Keep in mind, the state is short on cash, and this may cause them to interpret strictly if it benefits the state."

 

I am not yet satisfied with your answer because it appears to contradict and I don't see that you have anything to back it up.

Expert:  Tina replied 2 years ago.
I cannot speak for other attorneys on this site or anywhere else. The question in that thread dealt primarily with whether the severance would offset any benefits IF the employee received benefits, not whether they would be entitled to benefits in the first place.

I did not provide you with a link because I don't consider this a close case, you would normally be denied benefits.

Here is a link for your reference:

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_135.htm
Customer: replied 2 years ago.

from the top of that web page I previously gave me the very same question as mine was asked:

Customer Question

Ask your own question now >

I accepted a voluntary separation package from my previous employer as part of the reduction in force effort. I have indicated as such in my California UI claim. Will I be eligible for unemployment insurance?



Expert's Answer

You will be eligible but your UI benefits will be reduced to rthe extent of the severance pay.



Read more: I accepted a voluntary separation package from my previous - JustAnswer http://www.justanswer.com/employment-law/1x1oj-accepted-voluntary-separation-package-previous.html#ixzz1cUuKFcqK

Expert:  Tina replied 2 years ago.
As I previously stated, I cannot speak for the answer other attorneys provide and it would be unfair to hold me to such a standard since I have no control over their actions.

I provided a link as you requested substantiating my answer.

Take care and good luck to you.

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