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Settlement Agreement and Full Release document question

Discussion in 'Unemployment Insurance & Benefits' started by alliestar90, Feb 6, 2013.

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  1. alliestar90

    alliestar90 Law Topic Starter New Member

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    I got laid off on Jan 28th. I received a document in the mail a few days later called a Settlement Agreement And Full Release. I read over it and I'm concerned that signing this would make it so I can't apply for unemployment. Is this possible?
     
  2. Betty3

    Betty3 Super Moderator

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    No - settlement agreements cannot waive your right to apply for unemployment ins.
     
  3. army judge

    army judge Super Moderator

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    If you don't understand what you are signing, don't sign it.

    You can always take your time and read it carefully, before doing anything.

    In fact, read it as many times as it takes for you to understand exactly what you are signing.

    Then, if you concur, sign it.
     
  4. Betty3

    Betty3 Super Moderator

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    You "might" even consider taking it to an attorney before signing if you aren't sure just what the agreement means. However, settlement agreements cannot waive your right to apply for UI.

    This is what one Il. (your state) lawyer notes: question: If someone gets laid off, under Illinois law, can an employer require you to waive your unemployment benefits as part of a severance or settlement agreement with full release?

    answer: No. Even if the clause is in there it isn't legal. The employer can legally protest the application for benefits (that applies in all cases when an employee applies for unemployment insurance) but they cannot legally require the employee to give up their right to apply for them.
     
    Last edited: Feb 6, 2013
  5. AndrewMoore

    AndrewMoore Banned

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    Employment settlement agreement

    I am grateful for the ban I received from the nice mod. I've been very naughty and deserve to be banned.
     
    Last edited by a moderator: Jul 9, 2014

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