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Jul15

Unemployment Benefits

Termination
Employee Warning Notice
Employee Final Warning Notice
Employee Resignation Form
Exit Interview Questionnaire
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Can an employer in the State of Florida make an employee promise not to apply for unemployment benefits if they choose to accept severence pay?

The employer can ask the employee not to apply for unemployment benefits in return for severance pay. Enforcing that verbal promise might be a different matter. This is an interesting legal question. Even with a signed contract, it is not entirely clear that the employer would win this case if they took it to court. And, of course, it depends upon how skillful the attorney writing the contract is.

Most employers in this situation would offer severance pay in return for a written letter of resignation. They could produce the letter as proof that the employee quit, which would make that person ineligible for unemployment, in many cases.

This entry was posted on Tuesday, July 15th, 2008 at 10:04 am and is filed under
Termination.
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