Employment With Severance In San Diego
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FAQ
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.
"An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work."
While no mandate requires employers to provide severance under California law, SB 331, signed into law in October 2021, introduced important provisions: Time to Review: You have a minimum of five days to review the severance agreement.
You can indeed still accept severance even if you're about to accept another offer--in fact, even if you've already accepted another offer (assuming that there's nothing in your severance agreement that prohibits that, which there probably won't be).
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.