Legal Question in Employment Law in California

Unemployment Insurance with Settlement and Mutual Resignation?

Will I be eligible to collect Unemployment Insurance in California if I left my employer as part of the terms of a settlement aggreement resulting from a legal dispute that I filed. There was also $$ in the settlement. Will that disqualify me?


Asked on 8/23/03, 12:20 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Unemployment Insurance with Settlement and Mutual Resignation?

Your settlement probably included a "1542 waiver" If so and if unemployment benefits not specifically allowed under agreement, you probably cannot file. Call to discuss 800-685-6950

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Answered on 8/26/03, 11:43 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Unemployment Insurance with Settlement and Mutual Resignation?

Typically, settlement agreements spell out what happens with unemployment compensation -- i.e. the employer will not contest unemployment compensation claims. If your agreement did not discuss it, you probably will not be able to make a claim since you probably settled any and all claims against the employer, known and unknown. Check the agreement. Have a lawyer review it if you still are unsure. Good luck! -Robert F. Cohen, Esq.

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Answered on 8/25/03, 8:43 pm


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