Thanks everyone. I really appreciate all of the detailed responses (especially commentator).
Basically, we have not filed with the courts yet. We are pretty much at the SOL, so that explains the time constraints. The offer is pretty much your standard "here is X amount for back/lost wages", in addition to Release covenant not to sue and assignment of all claims, Confidentiality, ect.
BTW, while I live in Florida I am receiving UI benefits from another state, the state the employer resides in.
I tend to agree with Proseguru in his rationalization. Wages are income earned for services provided. Nothing has been provided. There is a weekly question that reads:
"Did you receive other income from any of the sources below that you have not already reported such as Retirement or disability pension, Worker's Comp, or Additional payment, such as severance pay or wages instead of providing advance notice of work separation? Check all that apply:
1. Retirement or disability pension
2. Worker's Compensation
3. Additional payment when you left your job other than wages you had earned"
So, should I just not worry about it and deal with it if it ever comes up, or should I report it the week I receive it under #3 above? And then they will just count it as no benefits for that one week?
Or should I just have my attorney have the terms changed so that it doesn't read "back wages"? But then what would we change it to? Our initial letter of intent to them only mentioned loss of wages and benefits. Is it too late to claim say "damage to my earning potential due to my extended lack of employment", emotional, etc. ?
Again, I very much appreciate the feedback.
Again, thanks again for all of the great responses. It is much appreciated.