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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34918
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My company is offering over 500 employees a package to retire

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My company is offering over 500 employees a package to retire even lump sum payouts to leave. Their Ga and A is way to high and they are also having layoffs of other individuals under 55. Many of us were told that our positions were at risk this next year Hint Hint... As our supervisors explained the package to us. If I take the package and agree to their package can I file unemployment in California. I have little choice but to take the package or get laid off starting in Nov our new fiscal year

Good morning,

I'm sorry to hear of the situation.

When you agree to resign and accept a severance package---as opposed to being laid off and receiving a package----because you have agreed to voluntarily resign, you will not be eligible for unemployment benefits under CA law.

If you refuse the package and get laid off in November, you will be eligible for unemployment than. You simply need to weigh the possibility of getting a new job quickly right now, versus another 6 months of income and guaranteed unemployment benefits for up to 18 months if you are laid off in November.

The severance package probably needs to be sufficient to pay your living expenses for at least 24 months to justify you accepting it and resigning, knowing that you won't be eligible for unemployment.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,


LawTalk and 2 other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

I expected this answer and now I know where I stand,





My pleasure. Have a great weekend ahead!


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