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.


Asked on 8/24/04, 4:16 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

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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Answered on 8/25/04, 8:52 am


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