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A Waiver letter states signing = agreement to accept one month's salary & NOT file for unemployment. Legal?
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A Waiver letter states signing = agreement to accept one month's salary & NOT file for unemployment. Legal?

This is in the State of Florida.


    

Anie
Rating
Probably not... double check with a lawyer. And be prepared to work two jobs - since Florida doesnt pay that much


Shane
Rating
NO. Completely illegal. It is not legal to require anyone to waive there unemployment rights to secure a job or to secure a severance. This would fall under the Fair Labor Standards Act. And in the state of Florida the statute specifically states that any agreement to waive or release an individual's rights under the unemployment compensation statute is void. Tell your idiot bosses you will sign the release but not with the clause you are waiving your unemployment rights. Say you spoke to an attorney and the attorney made it clear to you what they were requesting is illegal. Then say if you refuse to remove the clause I will be forced to pursue legal action. I hope you have a copy of the severance agreement (waiver letter.) Actually I am a bit concerned about you signing it period. If they are capable of putting down this clause which I must assume they know is illegal I can only wonder what other rights they want you to waive that may hurt you in the long run.


KP7689
So long as you are an actual employee of the company (not an independent contractor on a 1099), this is absolutely illegal. You definitely need to keep a copy of that waiver.





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