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If you have severance agreement and do not get a job you are still eligible for unemployment benefits
. Under MD court case rulings, you are eligible to apply for unemployment now. In Westinghouse Electric Corporation v. Patrick J. Callahan, et al.
, 105 Md. App. 25, 658 A.2d 1112 (1995), the MD courts held that the claimants were unemployed during the notice period because they did not perform services for the employer and the payments made to the claimants were dismissal payments, not wages
. Additionally, the Board held that because the claimants' jobs were abolished, the dismissal payments did not disqualify them from receiving benefits under Section 8-1009. Both the Circuit Court and the Court of Special Appeals affirmed the Board's decision.
Thus, you can apply for unemployment now and any clause in the agreement saying otherwise is invalid under MD law.
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