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Under FL employment laws, will accepting a severance package prevent me from collecting unemployment benefits

Asked over 3 years ago - Florida

I am being laid of by my employer I have been working for 7+ years in Florida. The reason for the layoff is that they are eliminating my department & therefore my job. They have offered me a position in NJ but for a significant amount less salary than what I currently make and they expect me to make the transition within weeks. Therefore, I can not take the other position.

A few questions:

1 - Under the layoff circumstances, even though I was offered another position in another state and declining to take it, will I still qualify for unemployment?

2 - My employer has informed me that they will provide me with a severance package - a five week plan. I have been working for 7.5 years for this firm, should and can I ask for at least 1 week per year?

3 - When I do accept the severance package, will that disqualify me for any unemployment wages, or affect them in any way?

Thank you.

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Attorney answers (2)

Daren L Rubenfeld

Reputation Level 9

Answered over 3 years ago. Real Estate Attorney in West Palm Beach, FL.

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Question 1 - Yes, you can still collect unemployment. You are not required to move to another state to take a position. Question 2 - You can ask for whatever you want in your severance package, it is a negotiation, but BE ADVISED. There is no obligation for the employer to give you any severance. They can also revoke their offer of severance. Question 3 - You must wait until after the end of your severance benefit to receive unemployment compensation. You can apply during the term of severance benefits, but your unemployment benefits will not be paid until your severance benefits are complete.

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Brian J Woolf

Reputation Level 7

Answered over 3 years ago. Criminal Defense Attorney in Hartford, CT.

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Unfortunately , I do not practice in the area of Employment Law. I suggest you contact an attorney who does through www.avvo.com or the Florida Bar Association located in Tallahasee, who may be able to refer you to attorneys in this field

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