Q: In California can i still get unemployment if i sign a severance package that waves claims against my company?
A:
Unemployment insurance benefits are not a claim against your company. It is receipt of benefits from the government that you and the company have paid for through prior payroll contributions. The right to those benefits, paid by the government, are unaffected by a release signed between you and your employer. In fact, it would be unenforceable and legally void if your employer had you sign an agreement waiving your right to unemployment insurance benefits.
Be sure to disclose to the EDD any money paid to you from the severance, and it would be wise for you to seek a quick consultation before signing any severance agreement.
Good luck to you.
A: Unemployment benefits cannot be waived by a severance agreement. However, it is always a good idea to have an attorney review the severance agreement, especially if you believe you are waiving any legitimate claims, such as age discrimination.
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