Your employer can make any sort of voluntary severance payments he chooses. Or, you can file for unemployment benefits and he can fail to oppose the claim. But, in all events, you must not make any false statements in your application for benefits -- even at your employer's urging or with his consent -- and it may be that your claim will be denied for lack of qualification on the basis of the information set forth in your application. The better course would be for him to make a voluntary severance payment outside the context of UI benefits. In most cases, UI benefits are not payable except where the employment was terminated involuntarily. Any false statements on a UI application can subject you to serious legal problems, criminal prosecution, and mandatory re-payment of any benefits paid.
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There are soe circumstances in which an indivdual can resign their employment and still receive benefits. Most notably, is if you have to leave your job because of an illness. I have a posting on my page regarding unemployment benefits here in Missouri. Feel free to check it out and email questions.
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