commentator
Senior Member
She needs to go on and file for her unemployment immediately, you don't need a legal consult for that.
I agree, trying to create a fraudulent document (by demanding a signature) that will later be presented to the unemployment office to try keep a person from receiving benefits isn't illegal, just dishonest and unethical. If they sign it (for example because the company is holding a severance package hostage) that's up to them, though they may sign it and then go down and file for benefits and still be approved to draw unemployment.
I've seen statements where in order to receive their severance package, the employee agreed NOT to sign up for their unemployment benefits. These are not kosher, and in no way binding. Like a disclaimer "I agree not to sue" or something. They just are there to keep people from thinking they can sue anyhow, or file for unemployment.
I agree, trying to create a fraudulent document (by demanding a signature) that will later be presented to the unemployment office to try keep a person from receiving benefits isn't illegal, just dishonest and unethical. If they sign it (for example because the company is holding a severance package hostage) that's up to them, though they may sign it and then go down and file for benefits and still be approved to draw unemployment.
I've seen statements where in order to receive their severance package, the employee agreed NOT to sign up for their unemployment benefits. These are not kosher, and in no way binding. Like a disclaimer "I agree not to sue" or something. They just are there to keep people from thinking they can sue anyhow, or file for unemployment.