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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18789
Experience:  Employment/Labor Law Litigation
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After 29 1/2 years of service, employer offered me a severence

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After 29 1/2 years of service, employer offered me a severence package of 12 weeks, with benefits through November 2013 and we will call it an "amicable" separation or, I can accept to return to work with a one month "improvement" plan and 6 months probation. If I opt to take the severence package, will this prohibit me from collecting unemployment after the 12 weeks severence if I can't find a job by that time? Also, what about legal action for wrongful termination? Thank you!
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

No, taking a severance will not stop you from collecting unemployment following the completion of the severance period.

As for your ability to sue for wrongful termination, you can't accept the severance and sue (almost certainly). Any reasonably drafted severance agreement will contain a waiver of your right to sue. So, your choice will be between the severance and suing.

So, unless you have some evidence specifically to demonstrate that you are being terminated based on your race, religion, gender, age, disability or FMLA use, it would be unwise to turn down the severance.
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