Severance agreements in California are contracts governed by California law, and can be negotiated and constructed creatively to meet the needs of both parties. Having said that, California law imposes some limitations on what an employer can require a departing employee to agree to as part of a severance agreement.
What is the downside to severance? The downside to severance includes financial drawbacks such as loss of steady income, potential loss of benefits, and uncertainty about future job prospects, as well as the impact on retirement savings and benefits.
If you work or earn any wages while receiving unemployment benefits, you must report these wages when you certify for benefits. You can certify with UI Online or by mail using the paper Continued Claim Form (DE 4581) (PDF).
What should be included in a severance agreement? Compensation details. Confidentiality rules following termination. Date of employee's termination. Agreement from both parties in the form of a signature. Details about how long the employee will continue to have access to benefits.
You are likely eligible if you are fired for poor performance, being laid off, or if the company is in financial crisis. However, if you are fired for misconduct, such as violating company policies, theft, or insubordination, you can likely be disqualified from receiving unemployment benefits.
You can generally collect unemployment in California after accepting a severance package, but the type of severance package you accept may affect when you begin accepting unemployment. Lump-sum payments or those tied to signing a release of claims generally do not affect eligibility.
You can generally collect unemployment in California after accepting a severance package, but the type of severance package you accept may affect when you begin accepting unemployment. Lump-sum payments or those tied to signing a release of claims generally do not affect eligibility.