Severance package

[Charles]

Can one of you with more experience or knowledge let me know, if someone is layed off and offered a severance package (equals two weeks worth of salary) are they forfeiting their right to file for unemployment benefits?

[mudmauler]

No sir. You are still entitled to your unemployment benefits.


“Fools multiply when wise men are silent” -Nelson Mandela

[hogslayer78]

Can one of you with more experience or knowledge let me know, if someone is layed off and offered a severance package (equals two weeks worth of salary) are they forfeiting their right to file for unemployment benefits?

You will still get umployment benefits but the payments will be delayed by the number of weeks you were paid severance.

[Artos]

No & employer will likely tell twc it was due to covid regardless of reason to avoid chargebacks & that will qualify one for the $600 benefit...talked to one of my ex managers yesterday & how he spelled it out. He has been unhappy & vocal & worked with the Co for 26 years & the reason they said they canned him for job performance but reported covid.

[Double-O-Dave]

Please read through the severance agreement to ensure you aren’t waiving your unemployment rights, but I’ve never seen that as a condition of the severance. In fact, the times when I had to lay people off I made sure they knew they could file for unemployment and the company would not contest their claim. This is a different thing than being fired for cause (theft, violence, sexual harassment, etc.).

Good luck,

Dave

[Charles]

Thank You!

[ClayW]

Make sure to read all the print

There can be some language in there that may tie your hands in the future.

[warrington]

You will still get umployment benefits but the payments will be delayed by the number of weeks you were paid severance.

Correct

[30-30]

Make sure to read all the print

There can be some language in there that may tie your hands in the future.

ie waive your right to sue them.

[ClayW]

ie waive your right to sue them.

Or "use anything (including knowledge) you learned and apply it to your future endeavors"

[Mike]

ie waive your right to sue them.

Or "use anything (including knowledge) you learned and apply it to your future endeavors"

I have to agree with this for sure. There is always some fine print in there that will protect the employer. Seen it too many times. I am wondering how it will affect many sales folks that have a non compete agreement that were laid off or terminated.

On the flip side, I see any displaced employee getting pinched by an employer have a ripe lawsuit pending due to these circumstances, ie, having a attorney view the document before the employee endorses.

[ClayW]

I have to agree with this for sure. There is always some fine print in there that will protect the employer. Seen it too many times. I am wondering how it will affect many sales folks that have a non compete agreement that were laid off or terminated.

On the flip side, I see any displaced employee getting pinched by an employer have a ripe lawsuit pending due to these circumstances, ie, having a attorney view the document before the employee endorses.

It can be a tough deal for sure...in some cases, they don't hold water but most individuals couldn't afford for a company to threaten em. A threat, at a minimum, could you make you pass on a job offer or not pursue a new endeavor.

If you sign it and it has that language, you're opening yourself to issues.