Fired from my job but offered a severance. Can I accept the severance package and still file for benefits?

by Rachel
(California)

I have a two part question about california unemployment benefits and my right to claim. I was fired from my job of two years last week for not meeting one of my activity tracking categories. My company told me that I would get a severance offer in the mail. Does accepting this offer mean that I won't be eligible for unemployment benefits? And does being fired for performance issues mean that I won't be able to collect as well. I have documentation showing that my numbers have been the same for the whole two years, and that my manager never complained about my numbers for the first year of employment. In fact they only made an issue of it after I made a complaint to our HR department about negative comments I was receiving from a male co worker who also happened to be my managers friend.


Hi Rachel,

No, a severance package doesn't prohibit you from filing for unemployment although it may cancel benefits, but California has some very specific rules regarding that.

Happen to have a copy of the complaint you filed?

I would say what happened to you is retaliation for filing a complaint .. and that is a no-no for an employer to do. It's also something a lawyer could work with to get a bigger severance package.

Have you read the severance agreement .. I'm sure if you accept it you will be signing something that says you won't sue.

And yes, there is always a possibility for getting benefits when fired for performance .. especially if it's a trumped up reason for termination for some other reason .. like filing a complaint against a male co-worker.