Collect Unemployment while reviewing Severance Agmt?

I was recently terminated due to "gross misconduct". However, they were unable to provide me proof of said action. They offered four weeks pay for severance (been there five years). In the Severance Agmt, they stated they will not contest my unemployment benefits if I sign the agmt. Furthermore, they are "forcing" me to waive any right to sue for discrimination. If I file a claim with any state agency, I will not only get the severance amt, they will also contest the unemployment benefits. As they informed me in my termination meeting, "Unemployment will not pay you if we report you were terminated due to gross misconduct" (although they were unable to provide proof of such misconduct). Is this legal?

2 answers  |  asked Feb 6, 2015 11:18 AM [EST]  |  applies to Ohio

Answers (2)

David Neel
You should talk with an employment lawyer in your area and share the details about your employment. As Bruce said, some employers will negotiate and some won't. Employers are more willing to negotiate if you have leverage against them, and that is something an employment lawyer can help with.

Many lawyers on this forum provide a free consultation. Take advantage of that and get a consultation.

posted by David Neel  |  Feb 6, 2015 11:55 AM [EST]
Bruce Elfvin
Even if the employer cannot prove the factual basis ODJFS may stop paying unemployment and force a hearing on the issue. I am assuming that you have seen counsel in your area related to the severance agreement and are negotiating with the employer. Most will, some won't. It is legal, but underhanded to use this issue as additional leverage.

posted by Bruce Elfvin  |  Feb 6, 2015 11:40 AM [EST]

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