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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4528
Experience:  Exclusively practice labor and employment law.
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As a follow to an earlier question. I am being let go and

Customer Question

As a follow to an earlier question. I am being let go and asked to sign a Separation Agreement. They say by signing, I will be able to file for unemployment and they will not contest. However it is not stated in the agreement they are asking me to sign
that they will not contest unemployment. Would a time and date stamped email from a company HR representative be enough saying they would not contest, or should I insist they add it to the Separation Agreement(?) My fear is they would contest and say as I
signed the Separation Agreement, I left voluntarily.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
Yes, this is important. The contract probably has what is called an integration. clause, which basically states that whatever does not make it into the final written draft is not binding agreement. I cannot recall ever seeing a severance agreement without such a clause. So, I would be of the opinion that, if their non-contest of unemployment is important to you, then you should insist that make it into the final version of the agreement.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers; otherwise the website just keeps your payment and doesn’t credit me at all. Thank you, ***** ***** wish you all the best with this matter.
Customer: replied 1 year ago.
Can this be done as an addendum?
Customer: replied 1 year ago.
If the Agreement has not been signed?
Expert:  John replied 1 year ago.
Yes
Expert:  John replied 1 year ago.
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