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Quit or Be Fired

Discussion in 'Unemployment Insurance & Benefits' started by Cindy1960, Jun 2, 2015.

  1. Cindy1960

    Cindy1960 Law Topic Starter New Member

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    I work for a very small company; just three employees. Last Wednesday I was fired (quit or be fired). With tomorrow as the deadline, I am being asked to sign a Separation Agreement providing 2 months pay and two months health insurance. Will I be able to collect Unemployment? I am in Missouri
     
  2. txls

    txls Well-Known Member

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    It all depends on the reason you're being fired, and it's up to the unemployment office to determine. We could try to predict if we knew more but it would only be an educated guess. If you were awarded unemployment benefits, they would only begin after your 2 months severance pay so hopefully you would find other employment by then.
     
  3. Cindy1960

    Cindy1960 Law Topic Starter New Member

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    Thank you for commenting. There wasn't a reason stated, but it was my first day back after drug rehab. I was given a Separation Agreement to sign and a letter of resignation to sign.
     
  4. cbg

    cbg Super Moderator

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    That varies by state. In my state, IF you had to sign a waiver of any kind to get the severance, your UI begins right away. If you didn't, then you need to wait till the severance expires.
     
  5. Betty3

    Betty3 Super Moderator

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    Missouri: If an employee receives severance and that severance is paid as a lump sum or all at once, then it doesn’t affect his or her end date. The employee is still terminated whenever he or she is taken off payroll. Instead of a traditional lump-sum severance, however, sometimes an employer will pay severance over time by keeping the employee on payroll even though that person has been terminated. This type of severance will prevent the employee from receiving unemployment insurance until the final payment is made.

    Severance is often awarded if an employee signs some sort of severance or separation and release agreement. If that agreement states that the separation is voluntary on the part of the employee (that the employee resigned), that might preclude the employee from receiving unemployment insurance. That’s because only involuntarily terminated employees are eligible for unemployment compensation. (reference-info in loose leaf binder with state info on unemployment ins./severance pay - written by labor/unemployment ins. lawyers in each state)

    There is no way we can know for sure if you will receive UI or not & even if you didn't receive severance - state's decision.
     

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