If I refuse to sign a "separation agreement and release" does this disqualify me from receiving UI?

On Jan 2, 2012 I was terminated but given a "Separation Agreement and Release" document that gave me the choice to work through Jan 31 to help them through this transition. If I chose to work through Jan 31, I would then receive a month's severance pay. I refused this based on the fact that I was told if I signed my status would change from TE to Voluntary Resignation, which was not the case. This termination was a complete shock; I was told "After five mths we feel you are not where you should be". I have never been reprimanded nor written up, etc. I filed for unemployment and was denied for this reason "claimant left work without good cause attributable to the employer". I have appealed this and sent them a copy of the release. I did call in on Jan 3 after being told to "let us know your decision" and told the VP of HR that I would not be able to accept their offer and I did this before I would have been due in to work. I feel this is so wrong to deny me and I just want to know if this has been heard of before and have I screwed myself by not signing and working another 31 days to train when apparently I didn't meet their expectations of a qualified HR employee. I do understand you are only giving information and nothing that I can use unless I see council. Thank you.

1 answer  |  asked Feb 5, 2012 7:10 PM [EST]  |  applies to North Carolina

Answers (1)

Chris Wilms
Refusing to sign a separation agreement is not the same thing as resigning. Based on the info you provided, it sounds like a clever way to get a month of work out of you in exchange for a release of claims and no payout of unemployment benefits.

If you were fired and it sounds like you were, the appeal was the right thing to do. If you have a hearing scheduled, you may want to read the regulations on hearings. The rules for how the hearing will go are posted on the Division of Employment Security website. If you've never been to this type of hearing, it's a lot like a mini-court trial but with looser rules of evidence.

posted by Chris Wilms  |  Feb 5, 2012 7:23 PM [EST]  [ Best Answer - selected by asker ]

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