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I LIVE IN DE AND MY EMPLOYMENT WAS TERMINATED. THE COMPANY…

I LIVE IN DE...

I LIVE IN DE AND MY EMPLOYMENT WAS TERMINATED. THE COMPANY HAD ME SIGN A MUTUAL SEPARATION AGREEMENT WITH 6 WEEKS SEVERANCE. CAN I STILL GET UNEMPLOYMENT?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

NO

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

NOTHING ELSE

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Answered in 2 minutes by:
5/7/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You can get unemployment, but after the severance period is done. Delaware considers severance periods as wages or income that disqualifies a person for unemployment in the week it is received.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 3 months ago
CAN I CONTEST THE 6 WEEKS SEVERANCE EVEN THOUGH I ALREADY SIGNED THE MUTUAL AGREEMENT DOCUMENT?

I'm not sure what you mean by contesting it.

You signed the agreement. If you wanted more severance, that is really hard to get in the best of circumstances. In your situation, where you already signed the agreement, it would be nearly impossible. You'd need to establish such a high level of coercion or misrepresentation in order to have the agreement set aside...and you'd have to pay back the 6 weeks severance.

Then, you'd have to see if the employer is even willing to negotiate more severance, which unless they are contractually obligated to do so, they have no requirement to even offer severance.

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Customer reply replied 3 months ago
I MEANT TO ASK IF I CAN HAVE A LAWYER NEGOTIATE A BETER SEVERANCE FOR ME EVEN THOUGH I ALREADY SIGNED THE DOCUMENT? I HAVE UP TO MAY 8, 2018 TO REVOKE THE AGREEMENT. SO IF I REVOKE, WHAT ARE THE IMPLICATIONS?

If you revoke the agreement, the employer can just refuse to pay you any severance. The employer also can refuse to negotiate with an attorney.

For you to have any ability to argue for more severance, you'd need the legitimate threat of a lawsuit in one of two situations.

1. You had an employment contract that said you couldn't be terminated without cause, and the employer breached that contract.

2. You can allege that the employer terminated you based on race, religion, gender, age, disability or FMLA use.

If you didn't have such a contract and can't allege discrimination on one of those factors, with solid evidence, there is no way to negotiate for more severance, even if an attorney was permitted to negotiate with the employer. There would be no leverage.

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Customer reply replied 3 months ago
THANK YOU ALLEN M., Esq.

Take care.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified
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