Worried about signing Seperation Agreement

5/10/07 I was told I was "Permanently Laid-Off" and was presented with a "Separation Agreement & General Release" document. Item #1 states "Employee will resign their employment effective May 10, 2007..." Also in this letter they offered me a very small severance which they call "benefits". They also stated I would not receive anything until I signed this document which also prevents one from suing the company. This #1 seemed very strange to me and #2 I worry if I sign that I am "resigning" my position, will that effect whether or not I can claim unemployment?

1 answer  |  asked May 14, 2007 12:22 AM [EST] in Settlements and Releases  |  applies to Ohio

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Answers (1)

Neil Klingshirn
A resignation will disqualify a claimant from unemployment benefits

Be careful before signing a severance agreement whereby you agree that you resigned. A voluntary resignation is grounds for disqualifying you from unemployment compensation benefits.

On the other hand, some employees welcome the opportunity to resign, at least where there may be a question as to whether the employer terminated them for cause or not. In other words, it may give you a better reason for losing your job than a termination for cause. In your case, however, if you are laid off for lack of work, most employers will not hold that against you.

Regards,

Neil.

posted by Neil Klingshirn  |  May 16, 2007 6:38 PM [EST]