Severance Pay

C

Chennai2

Registered Users (C)
Hello Friends:

PLease post your comments for this situation. I am laid off after obtaining GC. Now, is there any issue in signing Separation and release agreement for obtaining severance pay. The company will communicate specific individual information accordingly to the state unemployment office.
 
This should not be a problem in the normal sense. If you ever apply for Citizenship, it may be an issue. I have seen a Murhtys note on this. She mentioned that if you leave your GC sponsored firm either thru lay-off or thru resignation before completing at least a year, this could be an issue at the time of naturalization.

You should make sure to get a letter from your firm regarding the layoff.
 
I am not so sure about any impact on Naturalization. More so due to AC21 that many have been using to change employers.

But companies typically ask for signing such release agreement to reduce the risk of being sued. By making a severance payment, providing appropriate notice and providing other things like job placement assistance etc. employers build the case to fire the right way.

If one does not sign the release, I believe one still gets fired but without a severance pay. And in this case employer may take additional steps to safeguard themselves against a possible law-suit.
 
after 180 days you are fine because ins

technically could not adjudicate your case within that time frame
and you are free to move around. so claiming severance pay and unemployment benefits from local state office (funded by private company money) seem to be ok. separation letter on hand is good to have, after all this is an uncontrollable circumstance.
 
Chennai2,

I believe you already have your GC approved. True? The situation I described is based in this assumption.
 
I do not think that you will have a problem. My lawyer said that 90 days is a good enough time. Also that if the company changes its mind on the job, i.e. lay-off, it is not your fault. So you cannot be held responsible. I would stop worrying and cocentrate on finding your next job.
 
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