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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 30311
Experience:  More than 30 years in legal practice.
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I was completely blindsided and fired - or they said

Customer Question

I was completely blindsided and fired - or they said contract terminated, but was given a separation agreement stating I resigned - I refused to sign it. they have now changed it to read mutual seperation- that's still saying I agreed to leave. I loved my job and had no intention of leaving. It's also been a week and they still haven't paid me. They said they would after I signed this ridiculous 6 page agreement giving up every right under the sun. Can I still get unemployment if I refuse to sign? ( UT) Also they offered a severance that I was appalled by.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Expert:  Loren replied 1 year ago.

If you sign an agreement stating that left voluntarily you will likely render yourself ineligible for unemployment benefits if the company files an objection. That could be the reason they are trying to get you to sign an agreement stating you left voluntarily.

Expert:  Loren replied 1 year ago.

So, to keep your options open, do not sign anything stating you left voluntarily, even if it states mutuality.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

Also, be aware that certain claims may not be released. FLSA claims for example (minimum wage, overtime) and certain types of age discrimination claims may not be waived by an employee.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

Expert:  Loren replied 1 year ago.

Once his rights are terminated you can prohibit his access to them, just as you prohibit any stranger's access.