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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 40150
Experience:  30 years in Employment law
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Seeking resources being off, told she would

Customer Question

seeking resources for friend being laid off, told she would be eligible for unemployment, but likewise being required to sign a "mutual termination" agreement marked as "not eligible for rehire". Would that agreement nullify unemployment eligibility? (company has been losing contracts and laying off for some time; only recently changed this wording when got a new HR consultant to assist)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.This is more like agreed termination rather than a layoff unless it references that they will not contest UI benefits she should not sign it here.She would be better off is they just fired here then she could argue that there was no good cause and that this was not based on her work. I just don't see her agreeing to this.I am assuming they are giving her some severance here in return for this if not I really cannot see her agreeing to this as it is not in her interests at all.She would not get UI benefits because she is agreeing in essence that they terminated here for cause.So again this is not going to help her at all in my mind. She would be better off just making them fire here and then she might get UI benefits if she can show there was no cause to terminate.She can negotiate here.I would want something in writing in the agreement that employer will not contest UI benefits concerning this employee. I appreciate the chance to help you and your friend.I wish both of you the best.Please let me know if you have more follow up.Thanks again.