If i opt to resign in lieu of termination w/ cause & the employer will not contest unemployment benefits, what will that affect?

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i was terminated recently after 12 years and was given a "settlement agreement and general release" to sign which indicates my termination "is by resignation in lieu of termination with cause" and that the employer "will not contest any application for employment benefits on the basis that my employment was terminated for cause", if i wait to apply for unemployment benefits after all severance pay and accrued vacation is have been provided. Will such an agreement affect my unemployment benefits at all?

Attorney Answers

2
Elisa Ungerman ·
I am not a Washington State Attorney and your right to unemployment benefits is governed by state law so I'm somewhat in the dark here. But generally I can tell you this: (1) generally, you are entitled to unemployment benefits even if you are terminated "for cause", depending on what the "cause" is, "For cause" simply means they had a reason - but the reason has to rise to a certain level to void your benefits, such as theft, or other illegal conduct.. We don't know the actual reason for the termination. so we don't know if you would be denied unemployment benefits regardless of whether your sign the agreement. On the face of the agreement that you have been asked to sign - the ER says it won't contest your application for benefits so you should get them if you sign. Keep in mind however that a severance agreement is a legally binding document that typically is written in favor of the Employer and typically requires the Employee to give up valuable legal rights in exchange for some money immediately. If you think you have any rights you might be giving up in signing the Agreement - you should have an attorney in Washington review it. He/she might be able to negotiate a better deal for you.
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Susan Beecher ·
It could possibly affect your unemployment benefits, though it would be hardv to say without more facts. In Washington State, you do not qualify for unemployment benefits if you resign except under a limited set of circumstances. (For example, if your pay is cut by 25% or more, or if the safety standards in your workplace deteriorate.) You also do not qualify for unemployment benefits if you are let go for misconduct. In your case, you are being offered the opportunity to resign in order to avoid being fired "for cause", which suggests that your employer has accused you of misconduct. Even though the employer says it will not contest your unemployment benefits, Washington State Employment Security also has a say, and on the facts you have presented may well decide not to grant benefits,regardless of what the employer does or does not do. You may want to spend half an hour with an attorney and discuss the facts of your particular case. If the "cause" for which you would be terminated is not something that would qualify as misconduct (for example, if you are simply not qualified to do the job for whatever reason), you might still qualify for unemployment even if your employer terminates you.
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