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I signed a severance agreement with my former employer agreeing

not to bring any action...
I signed a severance agreement with my former employer agreeing not to bring any action against them. Does that preclude me from filing for unemployment benefits.
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Answered in 3 minutes by:
9/10/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,551
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,

Thank you for the information and your question. No, under unemployment law the signing of a severance agreement cannot operate to waive the employee's right to unemployment benefits. So, as long as you otherwise qualify for unemployment benefits, you can apply and should receive those benefits.

Please let me know if you need any clarification, or have a follow up question. I would be glad to assist you further if I can. If you do have follow up questions, please provide the State you worked in.
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,551
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
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Customer reply replied 4 years ago


Thank you for your prompt response.


 


I'm a little concerned because under "Claims Released" section it reads.


 


"The claims released include all claims, promises, offers, debts, causes of action or similar rights of any type or nature Employee has or had against Releasees, including but not limited to those which in any way relate to (a) Employee's employment with the Company or the termination of Employee's employment, such as claims for compensation, bonuses pursuant to the the GMIP VEP.........(b) the design or administration of any employee benefit plan, program, policy or procedure or Employee's entitlement to benefits under any such plan program policy or procedure; (c) any rights Employee may have to severance or similar income replacement benefits under any plan, program policy or procedure of the Company....."


 


I just need clarification that this is only referring to my previous benefits with the company and not my unemployment benefits. As I believe that when I apply it's considered a claim against the company... is that right?

Hello again and thank you for your reply. Yes, this only applies to the claims against the company itself. Just to clarify my response, even if the severance agreement had waived your rights to file for unemployment benefits, that would be unlawful and unenforceable under unemployment laws. So, either way, you would be entitled to file for UI benefits. But yes, that language just pertains to claims for illegal acts, etc., directly against the company.
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Customer reply replied 4 years ago


Thank you so much! I appreciate your assistance with this matter. I pray that you will have a fantastic day and that the exceptional service you've shown to me will come back to you multiplied.

You're very welcome and best of luck to you. If you could take a moment and leave a positive feedback for me, I would greatly appreciate it.
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