You may be eligible for Unemployment Insurance if the weekly payments of dismissal or severance are less than the maximum benefit rate. You will not be eligible for benefits if: You receive weekly dismissal or severance payments that are greater than the maximum weekly benefit rate; or.
You may be denied benefits if you: Were fired because you violated a company policy, rule or procedure, such as absenteeism or insubordination. Quit your job without good cause, such as a compelling personal reason.
All you can do is ask. They'll probably say no but you're bound by the companies severance policy/program but legally it's not a required benefit. BUT keep in mind the company wants you to sign that agreement at the end of the day so you could get more. You could try and use trigger words during your conversation.
Present the employee with the severance agreement, worked on by your HR manager, and walk through each section. Leave time for the employee to ask questions and make clear the time frame during which the employee has time to meet with their lawyer, as well as their last day.