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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I have a separation agreement with my previous employer. It

Customer Question

I have a separation agreement with my previous employer. It offers me 10 days of pay if I sign . I do not know if the part in the letter about filing claims refers to filing for unemployment.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Generally no, "filing claims" does NOT refer to filing for unemployment benefits, which is a form of public assistance and not a "claim" against the employer in the sense that your agreement would typically be referring to. Moreover, courts have generally held that any agreement which operates to waive an employee's right to collect unemployment benefits is void and unenforceable in that regard. Still, it may be prudent to clarify that you will still be filing for unemployment. You could clarify this most easily by simply writing the words "except for a claim for unemployment benefits" next to the clause about waiver of claims. There is nothing improper with this sort of hand written notation. Then, you would just sign the agreement as usual. Odds are near certain your employer will not have a problem with this modification because they were almost certainly not contemplating a bar on unemployment benefits anyway.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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