Unemployment and Severance Double Dip?

Discussion in 'Ortho-McNeil' started by Anonymous, Apr 8, 2009 at 9:26 PM.

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  1. Anonymous

    Anonymous Guest

    If nothing else, please file immediately....

    I was laid-off from J&J about 5 years ago, and, like an ass did NOT file (as home-office said don't do it till you need it when your severance runs out), so, I did not, then, in conversation with some other laid-off colleagues about 8-weeks post lay-off it was pointed out to me that J&J didn't want us to file so THEY would save $$ (had nothing to do with our financial health, or what was appropriate, as always, had to do with THEM saving $$).

    As a result, that following morning I applied, and started getting my money from NJ state immediately. Happily, I got a job about 12 weeks post lay-off & therefore my unemployment "freebee" money only lasted 4-weeks, but, even still, 4 weeks is better than no-weeks (yet clearly NOT as good as 12). BTW, you cannot "go back" to get that other money, if you don't file you relinquish those rights, which sucks 1000%.

    The long & short of it is, DO file TODAY. Then check into the rules of your state & decide what to do. Don't waste days or weeks trying to get an answer....call the 1-800 number and FILE....then figure it all out. Again, the day you call is the day your $$ begins, so don't delay, don't be an ass like me.

    BTW, I feel terrible for all 900 of you. Know that I've been there, I was simply crushed when I lost my job (at the time it was home-office Janssen, titusville), but now, nearly 5 years later, I am happy, thrilled to be employed, making nearly 3x the salary, appreciated and work for a fab company. Granted, I stayed in Pharma, which is slippery, but, regardless, know that the possibility to do well is certainly out there. It can and will happen, don't let this lay-off define you.......J&J is a horrible, corrupt company....you are not...

    Good luck & God bless..
     

  2. Anonymous

    Anonymous Guest




    No, you do your homework freak.........you can not collect UB while collecting leave pay from your employer! period! This means until your sev, vacation, sick time etc has run out, you will not be paid by the state! You are an idiot. This is not rocket science. There is no double dipping with the Gov. Try it and you will see mr toughguy.........It does not matter if you paid into anything, there is a elgibility time associated with UB. based off term date and monies coming in with termination packages....getyourfactsstraight bozo.
     
  3. Anonymous

    Anonymous Guest

    I quote the following from the California EDD Web site:

    Severance pay is not wages for unemployment insurance purposes. There is no specific code section in the California Unemployment Insurance Code which declares that severance pay is not wages. We cite Section 1265 when we state that severance pay is not wages. The authority for doing so is based on a case decided by the California Supreme Court in 1965.

    Go to this URL for the full article:

    http://www.edd.ca.gov/UIBDG/Total_and_Partial_Unemployment_TPU_46035.htm

    So there are cases in which collecting severance pay and UI at the same time has been legally upheld in California. But you should let the EDD make the decision by declaring all income in the appropriate spots on the application. If you don't agree with their decision, you may challenge it in court; if the employer doesn't agree with the EDD's decision, they may challenge it as happened in the cases noted in the above article. However, the CA Supreme Court sided with the EDD against the employer in the case cited above.

    If I am reading this wrong, please correct me; if not, I think you owe someone an apology for your outburst.
     
  4. Anonymous

    Anonymous Guest



    See severance letter page 2, paragraph 5 (b)......"While you are not precluded from applying for and receiving unemployment compensation benefits, deductions from your sverance pay may be taken to offset any amount you receive in unemployment compensation for the weeks you are receiving severance pay, as well as for the amount of any wage replacement benefit you receive from any source to which Johnson & Johnson company contributes, or by law or contract, and for any amount you receive under a non-competition agreement."

    My interpretation is that while you may apply and receive state unemployment benefits, J&J can reduce your severance because they contribute to wage replacements like state unemployment and they do consider it "double dipping" by receiving two different compensations for which are both supported by J&J. Who knows if they actually enforce this. But I would rather save unemployment benefits until after severance so that you get 100% of both...why risk getting reduced severance?
     
  5. Anonymous

    Anonymous Guest

    You are correct, in the state of California it IS legal to collect severance AND unemployment. I not only had this confirmed by EED, but also by an attorney last month. But, in some states, Arizona to name one, it cannot be done. Look into the laws within the state you reside.
     
  6. Anonymous

    Anonymous Guest

    Any j&jers collect unemployment while getting severance and does J&J reduce your severance?
     
  7. Anonymous

    Anonymous Guest

    For NJ
     
  8. Anonymous

    Anonymous Guest

    I'd just ask Bill, he's probably in a position to give you the most reliable advice.