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Recent Voluntary Separation questions

I have been offered a Voluntary Separation Agreement by my

Hi, I have been offered a Voluntary Separation Agreement by my company. I wonder if I am eligible for unemployment benefits. HR tells me if I "resign in lue of termination", I would probably be eligible. Is this correct?JA: Have you documented this or discussed it with HR?Customer: YesJA: Is the employment agreement "at will," union, full time or part time?Customer: at will full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LawTalk

Attorney at Law

Juris Doctor

36,432 satisfied customers
What are the major differences between a mutual separation,

What are the major differences between a mutual separation, a voluntary separation, a severance agreement, and/or salary continuation? Under a voluntary separation agreement, is it true that the employee is not eligible for Unemployment benefits in the state of Florida?

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Ray

Lawyer

Doctoral Degree

41,540 satisfied customers
I am currently working, and am collecting a pension and

I am currently working, and am collecting a pension and social security. I just got notified that I am being laid off. Can I collect unemployment benefits?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Ohio, Trumbull county.JA: Is the employment agreement "at will," union, full time or part time?Customer: I am employed by an employment service, contracted out to a company. full time. I'm not in a union.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I know of.

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John

Attorney

Doctoral Degree

9,056 satisfied customers
I have a question re what I guess would be under employment

I have a question re what I guess would be under employment lawJA: What state are you in? It matters because laws vary by location.Customer: Florida, my job was eliminated and i was given a severance package.JA: Has anything been filed or reported?Customer: yes, I had to sign a legal document that says at the top that I lose my right to sue them...the document is 5 pages....I dont want to sue them, I just want to know if I do not find a job by the end of the severance package will I be able to file for unemployment....I worked there 20 yearsJA: Anything else you want the lawyer to know before I connect you?Customer: i dont think so

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Loren

Juris Doctor

42,580 satisfied customers
I was let go from my job 2 weeks ago and offered a severance

I was let go from my job 2 weeks ago and offered a severance in exchange for signing a "voluntary separation and release agreement". I have done some research and I don't believe signing this agreement would prohibit me from also collecting unemployment while I search for a new place of employment. I also would like to ensure the wording in the agreement is standard. Thank you.

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Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
My 25 year old daughter works for a large company for 3 yrs

My 25 year old daughter works for a large company for 3 yrs this Oct and has been a good employee with a wonderful work ethic. She has a severe eating disorder and was in residential treatment for 9 weeks from Oct to Dec, 2015. She used 9 weeks of FMLA, and relapsed and was sent back to treatment the end of April until the 3rd of July, 2016. She asked to work remotely, so she could go to aftercare. She worked 1 day, July 8th, relapsed and had to go to the hospital for 5 days and back to residential treatment. She was notified that if she is unable to return to work by Aug 4th, she will be terminated due to being unable to return after medical leave. She has used up all of her FMLA plus personal leave time. Is it better for her to quit her job rather than be terminated, so that if/when she gets healthier, a prospective employer would be more likely to hire her? How would quitting affect her COBRA, unemployment, and long- term disability?

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RobertJDFL

Attorney

Juris Doctorate

14,402 satisfied customers
I had an employee who was due to return from their vacation

I had an employee who was due to return from their vacation on Monday,. They called out of work on that Monday with personal issues. The employee was then scheduled to work on Tuesday, Wednesday & Thursday. The employee failed to show up or call out for any of the three shifts. Later the evening on Thursday past the scheduled time to work the employee called their Boss to ask where their paycheck was. The boss explained to the employee that they had their check and that they could pick it up the following day and to bring their uniforms with them. The employee came to work on Friday to get their pay check. Once they arrived at work the employee was asked to meet with their two bosses and human resources. When the employee entered the office they smelled strongly of alcohol and were slurring their speech. The boss said to the employee that we considered this their resignation since they stopped calling or showing up for work. The employee said they were not resigning that they were being fired. The boss went onto to explain to the employee that they were not being fired and that if they wished to get assistance with their drinking issue that the boss would help the employee get into a rehab facility. The employee said that they had the issue under control and did not need the bosses assistance with seeking rehabilitation. The boss stated to the employee how could they say that when they currently reeked of alcohol and the boss again offered to assist the employee with getting help. The employee again said no they did not want any help. Then the boss stated to the employee that the only reason you came in today was to tell us that you were fired so you can collect unemployment. The employee said yes what else were they supposed to do until they can find another job.The employee has had many past issues with attendance due to their personal issues. The employee was given the employee handbook which they read and signed. The employee handbook clearly states that three consecutive days of unexcused absences (no call/no show)will constitute job abandonment, a voluntary separation of employment. The employee was explained this again on Friday and signed the written warnings showing his three consecutive days of unexcused absences.The employee did file for unemployment which we are currently disputing.My questions are: Can I send all of this information about the employee's drinking and the offer of rehab to the unemployment office without violating any of the employees rights? Does what happened constitute a resignation or termination?

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I am a 66 year female employed with a major company last 5

I am a 66 year female employed with a major company for the last 5 years. I was given notice that my job was being eliminated and that I along with several others were being RIFFED. I was not happy, but I accepted that. One week later ( before my last day) a VP sent out an email announcing the hiring of 3 new people (all under 30) and talked about the "fresh young faces" in the company and how they would be able to "grow them up" in the company. I am quite capable and experienced to do any of those jobs (I am not a highly paid employee) but was never offered the opportunity. they are now advertising for new positions. I feel as if these decisions were age related. any advice?

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Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
I received a WARN notice, but I have been offered a

I received a WARN notice, but I have been offered a retention agreement with a 1 year duration. I am currently clarifying the vague terms within the retention agreement, but if it turns out that I am not satisfied and do not with to sign the agreement, do I forfeit my 60-day WARN and default severance or in other words, can my refusal constitute a voluntary separation on my part?

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Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
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