Legal Question in Employment Law in Massachusetts

Voluntary Separation

My company is currently offering a Voluntary Separation Program in order to reduce staff. They are offering enhanced benefits to those who volunteer but will perform a Non Voluntary Separation if they don't get 1800 employees to volunteer. If I choose to volunteer, can this make me ineligible for unemployment benefits?


Asked on 5/06/03, 10:38 am

2 Answers from Attorneys

Thomas Murphy Law Office of Thomas Murphy

Re: Voluntary Separation

It would depend on the amount of severance you get and the language of the severance agreement. If you receive benefits only as a condition of waiving your right to sue the company, then you are still eligible. If not, then you're not eligible for the period of time that the severance pay covers. Either way, you should at lease apply for benefits; they'll go over the logistics with you.

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Answered on 5/06/03, 10:46 am
Nance Lyons Law Office of Nance Lyons

Re: Voluntary Separation

No. You may want your employer to put in writing that it will not challenge unemployment coverage.

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Answered on 5/06/03, 3:10 pm


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