Trouble Directory
State Laws
Severance Packages

Can I negotiate severance packages?

Yes - unless you are in a labor union, which will negotiate your severance package.

But there are some dangers in trying to negotiate severance benefits. Although you might want to add things that are really important to you in the severance package, once you make a counterproposal to your employer, the employer's offer might be considered legally rejected. If your employer then rejects your counterproposal, you might not be able to go back and accept the employer's original offer.

Unemployment insurance

That depends on the labor law in your state. Usually, you are eligible for unemployment insurance payments if it wasn't your fault that you lost your job. For example, it isn't your "fault" if you lost your job in a layoff. It might not be considered your fault even if you decide to quit your job - if you had a good reason for quitting. But if you quit without a good reason or were fired for "misconduct," you won't receive unemployment insurance benefits.

How do I show that I was laid off?

According to labor law, if your employer has laid you off because of a lack of work, you should ask the employer to put that reason in writing so that you can show it to your state's unemployment office which should help in the collection of unemployment insurance (unemployment benefits). If your employer refuses to put the reason in writing, you can still file for unemployment insurance: just tell the unemployment office that you were laid off.

What is "misconduct"?

"Misconduct" generally occurs only when an employee violates an important workplace rule - such as stealing, getting into a fight with another worker, or sleeping on the job. Misconduct probably has not occurred when you are fired for working too slow or being inefficient. You can prove that you were not fired for misconduct by the testimony of co-workers.

What is a "good reason" for quitting?

Good reasons for quitting include being the victim of illegal workplace harassment (like sexual harassment) or having a family emergency that leaves you with no choice but to quit. It will be helpful if someone (like a co-worker or family member) can testify about your good reason for quitting. If you have further questions about unemployment insurance, consult with a labor lawyer.

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