Confidential statement and release..

[needadviseinpa]

What is the name of your state (only U.S. law)? Pennsylvania.

I was recently called into my bosses office, and handed an envelope.. this envelope contained a Confidential Statement and Release, while I obviously cannot go into detail.. I am being given the option to sign this, which does state that I "will resign" and that if I sign I will be given a "lump sum severance". My question is.. will signing something such as this prevent me from receiving Unemployment Benefits? (since the statement of resigning?)
It also has a paragraph that I will not sue the company for wrongful discharge/discrimination, for monetary gains..
And, yes I was then told that the 'termination' was effective immediately.... Thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[eerelations]

Releases like this almost always accompany offers of severance pay...in fact any employer that offers severance pay without a release like this is considered to be insane by the legal community. And words about not suing the company are standard to these kinds of releases.

If you're not planning to sue the company, then this section is moot for you.

If you are planning to sue your employer, please tell us why so we can tell you whether you have a viable suit.

Regarding your eligibility for UI benefits, normally people who are "forced" to resign are considered by the UI people to have been "let go" by their employers. However, given that by signing this agreement you won't be allowed to tell the UI people that you were forced to resign, you will probably not get UI benefits.

Only you can decide whether the offered severance amount is worth forfeiting any UI benefits you might be entitled to.

 

[pattytx]

Regarding your eligibility for UI benefits, normally people who are "forced" to resign are considered by the UI people to have been "let go" by their employers. However, given that by signing this agreement you won't be allowed to tell the UI people that you were forced to resign, you will probably not get UI benefits.

Only you can decide whether the offered severance amount is worth forfeiting any UI benefits you might be entitled to.

Agree with the first statement. Disagree with the second. My understanding is that a provision in any agreement that limits your ability to file for and collect UI would be unenforceable. You are agreeing to "resign" in lieu of being fired in return for a severance payment. That's all. The severance payment may (or may not) delay when you start receiving benefits, but it shouldn't keep you from getting them at all.