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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 89702
Experience:  20+ Years of Employment Law Experience
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Was released from my job 8/29/13 after 13 years.They gave

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Was released from my job 8/29/13 after 13 years.They gave me an agreement to sign giving me 4 weeks pay and 2 days of health insurance. This was done by there lawyers & i am sure it is a basic agreement form but some of the language I don't understand and my main question is if I don't get a job in 4 weeks can i be denied of filing for unemployment. I leave in Maryland. Thank you, W.Cofiell
Submitted: 12 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you have severance agreement and do not get a job you are still eligible for unemployment benefits. Under MD court case rulings, you are eligible to apply for unemployment now. In Westinghouse Electric Corporation v. Patrick J. Callahan, et al., 105 Md. App. 25, 658 A.2d 1112 (1995), the MD courts held that the claimants were unemployed during the notice period because they did not perform services for the employer and the payments made to the claimants were dismissal payments, not wages. Additionally, the Board held that because the claimants' jobs were abolished, the dismissal payments did not disqualify them from receiving benefits under Section 8-1009. Both the Circuit Court and the Court of Special Appeals affirmed the Board's decision.

Thus, you can apply for unemployment now and any clause in the agreement saying otherwise is invalid under MD law.



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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 89702
Experience: 20+ Years of Employment Law Experience
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