Got the axe today. While reading the information supplied it seems like the terms around signing the exit agreement could put claiming unemployment at risk. At thoughts (based in facts or experience)? Have never been through this before and I feel this is something IBM would do if they could.
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You can file unemployment immediately - even if you get a lump sum severance. Usually what you cannot do is share terms of the severance contact with others and no Class Action or other law suits for discrimination !
My letter and included SPD does not use the word "severance" at all. It states that I am eligible to "receive a lump sum separation payment equal to three months’ pay", that I will receive only if I sign the separation agreement.
IBM can't control a state agency's mission, although I'm sure they'd like to.
I lifted this straight from the package the gave me:
Q15. I was identified in the action and told I must leave IBM on a certain date. Will I be eligible for unemployment compensation?
A15. Eligibility for unemployment compensation is determined by individual states. Please contact your state unemployment office or Department of Labor.
The fact that you have to sign an agreement to collect may work in your favor.
Most states will not payout unemployment for the period equal to your "severance" . "Severance" is usually no strings attached. But the agreement IBM requires to get the payment may not be considered severance in some states since it is not traditional severance. It is a contract to no sue IBM in exchange for a one-time payment that happens to be measure in months of salary.
This is gray area in some states. In some states they may not care how or why the payment is made and deny UE for the period equal to the payment. But it is something to look into.
Try to get lump sum and get out ASAP. Unemployment won’t pay you if you are receiving severance. You are not voluntarily leaving so you should be ok for unemployment. Make sure to claim Covid as a reason when filing. That gets you the extra 600. Regardless, unemployment is a mess right now depending on your state. In ny it comes sparatically, not retro active, very slow to get approached, checks do not come on a steady basis and they skip them. It’s a mess and now if the worst time in history to file given the volume of unemployed.