Legal Question in Employment Law in New York
Voluntary Resignation Package
My company has offered a Voluntary Resignation Package to 5 employees (there are 5 employees and two managers)whereby a severance amount based on years worked with the company is being offered. It is a voluntary resignation -- not a layoff. Acceptance of the package will not allow us to collect unemployment in New York -- or will it? There is no reference whatsoever to ''unemployment'' in the package. To accept the severance, we are being asked to sign releases.
1 Answer from Attorneys
Re: Voluntary Resignation Package
If it's worded as a "resignation"rather than a termination, unemployment benefits would be unavailable. You cannot obtain unemployment benefits if you voluntarily resign from a job unless you can prove that the resignation was in reality a "constructive discharge." That is, that your employer made working conditions so intolerable that he was forcing you to quit so that he wouldn't have to actually fire you.
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