I signed a severence agreement saying I would not file any claims. Does that mean unemployment also?

Asked over 3 years ago - Atlanta, GA

Also if I receieved severnce pay that means does that mean to the unemployment office that I was let go for no fault of my own?

Attorney answers (4)

  1. Greg Fidlon


    Contributor Level 11


    Lawyers agree


    Answered . The last post is correct. Under Georgia law, an employee cannot waive his/her right to apply for unemployment insurance benefits. See O.C.G.A. 34-8-250 ("Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void.")

    LEGAL NOTICE: This forum is designed to provide general information only. The information provided does not constitute legal advice and no attorney-client relationship has been established. You waive any right to confidentiality by posting information on this site. Communications on this site do not and cannot substitute for a full consultation with an attorney practicing in your jurisdiction, and you are encouraged to consult with such an attorney for guidance regarding your individual circumstances. Do not take any action or inaction based on information presented herein since it may not be accurate or applicable to you.

  2. Jennifer H. Keaton

    Contributor Level 12


    Lawyer agrees


    Answered . Receiving severance pay will not impact "the reason" for your separation from employment with your employer. The separation was involuntary. Be aware, however, that the amount of severance and duration of the payments of severance may affect the overall amount of unemployment compensation that you might receive.

    Take your DOL-800 form to the Georgia Department of Labor and file your claim.

  3. Herbert J Tan

    Contributor Level 17


    Lawyers agree


    Answered . Respectfully, I will have to disagree with counsel. Unemployment benefits are not claims against the employer. Rather, they are benefits one can request from the State.

  4. Alan James Brinkmeier

    Contributor Level 20

    Answered . You promised not to file ANY claims yes

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