Unemployment after getting a severance package?

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Severance Pay also was not an issue when filing for unemployment in FL when I did it two years ago. I don't even recall if they asked about it - the whole sign-up process was done on line. If they had asked, I would have mentioned it. But either way, Unemployment checks your eligibility with your previous employer, and they certainly knew I had severance monies and didn't contest it. (Of course, max unemployment, regardless of income, is under $300/week in the great state of FL. I applied for it because I earned it, and money is money, but it sure wasn't going to pay the bills!)
 


Anonymous said:
If you choose to accept a termination due to workforce reduction, and recieve a severence pkg in the state of texas, do i get unemployement benefits? Even though they told me I can become part-time?
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If your employer pays severance as a lump sum, you're right.

But if you and your employer have the severance package as remaining on payroll for a fixed period of time, you're considered employed. You may want to do this to continue to have healthcare benefits, etc. before going to COBRA at a big price tag.

But each situation is different.
 


Anonymous said:
Severance package has no effect on Unemployment in Texas.. They dont even ask about it.. File immediately.. You can do it online.. Texas Worforce Commission.
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How were you able to find out?! I was just let go (eliminated my positio after 24 yrs) have been given generous salary continuation severance for quite a few months with full health benefits I had to sign a release of claim. the unemployment app I filled out on line did not ask about severance only pension and retirement funds I receive...none. I cannot get a live person at UI or an answer to whether or not I am eligible and do not want to request payment of UI on line until it is clarified. When you request payment you must reveal income received that week and does my severance qualify as Income. I am in TX

I would appreciate your source of info...as I am totally unable to find out from Tx wkforce
I do not want to have to call a lawyer.
from Honest in Dallas
 


Anonymous said:
I would appreciate your source of info...as I am totally unable to find out from Tx wkforce
I do not want to have to call a lawyer.
from Honest in Dallas
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if you plan to retire there could be a catch in collecting ui benefits

max benefits in tx is 396 per week

it might be worthwhile to spend that much consulting with a lawyer
 


I live in Tucson, AZ and finally reached someone live at the AZUI Call Center who explained that unemployment insurance and severance packages are evaluated on a case-by-case basis. In my situation they said that I would not qualify for unemployment until my severance runs out, which was calculated in the following way: Lump sum of severance AFTER taxes divided by weekly qualifying amount ($240/week in my case) = x amount of weeks. When the severance runs out on their calendar, then I can submit for unemployment benefits, but God I hope I'm employed by then!!
 


Anonymous said:
How were you able to find out?! I was just let go (eliminated my positio after 24 yrs) have been given generous salary continuation severance for quite a few months with full health benefits I had to sign a release of claim. the unemployment app I filled out on line did not ask about severance only pension and retirement funds I receive...none. I cannot get a live person at UI or an answer to whether or not I am eligible and do not want to request payment of UI on line until it is clarified. When you request payment you must reveal income received that week and does my severance qualify as Income. I am in TX

I would appreciate your source of info...as I am totally unable to find out from Tx wkforce
I do not want to have to call a lawyer.
from Honest in Dallas
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I am wondering if you found an answer to your question? If so could you email me at connie.ortiz725@yahoo.com. Thank you
 


Sorry to hear about the cut backs for many in here, but check this out. I just heard about it the other day. Seems legitimate and everyone i talk to that's using it thinks its going to change things for the better and make our jobs so much less tedious. Start telling your offices about it because its free. http://www.pbn.com/detail/42639.html I also heard they were looking for reps with experience to help em grow...start up style
 


According to Pennsylvania's unemployment website:
"How much are the payments for lost wages?

Wage-loss benefits are equal to approximately two-thirds of your average weekly wage, up to a weekly maximum. WC wage-loss benefits can be offset for 50% of Social Security "old age" benefits, the employer-paid portion of a retirement pension, severance pay, unemployment compensation or earnings the employee receives. The law does not allow for a cost-of-living increase.

There are several different ways of calculating the average weekly wage under the Act. The minimum compensation rate is the lower of 90% of the workers’ average weekly wage or 50% of the Statewide average weekly wage."
I read this to believe that the term offset means, if you don't hit your minimum Unemployment Compensation threshold, then unemployment will kick in to bring your severance package up to that threshold. I'm in the same situation after being cut after 8 years with a company - a program ended and so did my position. I will receive 2 months of severance package payment and in order to not get in trouble with the gov I will be asking them about it directly (as a previous poster said PA is case by case). Thanks to all posters, except the ones who answered incorrectly and said, "just lie."
 


i recently got laid of, i was offered a 4 weeks pay. i file for unemployment 3 days after..i was asked if i got any severance or vacation paid i said i did then told that i would have a hearing through the phone to decide if i should get severance and unemployment at the same time. what should i expect from this call and what would be the right thing for me to say?
i need help the hearing is coming up soon
thanks
 


Anonymous said:
i recently got laid of, i was offered a 4 weeks pay. i file for unemployment 3 days after..i was asked if i got any severance or vacation paid i said i did then told that i would have a hearing through the phone to decide if i should get severance and unemployment at the same time. what should i expect from this call and what would be the right thing for me to say?
i need help the hearing is coming up soon
thanks
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I had a similar situation happen to me. I received 2 weeks severance. I put it on my unemployment application and then had to do the phone interview as well. Just be honest with the UE person. Answer their questions directly but don't offer too much info. Only what they ask. Your previous employer knows about the appointment and is allowed to be on the line with you during the call as well.

My former HR was not on the phone so all we did was have our conversation and then she called HR and left a detailed message explaining the conversation and what I had said. They gave HR 24 hours to respond if they had anything to dispute and less than a week later I started getting my checks.
 


Thought so too but my sister was just denied unemployment benefits in Calif. as they said her severage is considered wages!!

In CA, severance packages have absolutely nothing to do with being eligible or not for unemployment benefits.

From CA's EDD website:

How does severance pay affect my eligibility to receive unemployment insurance benefits?

Severance pay is not deducted from unemployment insurance benefits and does not affect your eligibility to receive benefits. The method of payment, such as a lump sum payment or payments paid to you at regular pay period intervals does not change the nature of the payment. However, you must report severance pay at the time you file your unemployment insurance claim.
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Please folks, if you dont know the exact answer, then don't answer at all...[/QUOTE]
 


Thought so too but my sister was just denied unemployment benefits in Calif. as they said her severance is considered wages!!

In CA, severance packages have absolutely nothing to do with being eligible or not for unemployment benefits.

From CA's EDD website:

How does severance pay affect my eligibility to receive unemployment insurance benefits?

Severance pay is not deducted from unemployment insurance benefits and does not affect your eligibility to receive benefits. The method of payment, such as a lump sum payment or payments paid to you at regular pay period intervals does not change the nature of the payment. However, you must report severance pay at the time you file your unemployment insurance claim.
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Please folks, if you dont know the exact answer, then don't answer at all...[/QUOTE][/QUOTE]
 


Anonymous said:
Anyone know how to qualify for unemployment if a severance package was accepted?
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Hello, I live in michigan and my job is being eleminated if I receive a severance package can I after that package receive unemployment? If so when chould i file. also if i quit my job before the elemination to frezee my pension can i receive unemployment?
 


Re: Unemployment after getting a severance package in AZ?

I live in Arizona and was laid off. My last day of “active employment” was April 29, 2009. From April 29th to May 29th I was placed on paid non-working notice where I continued to receive my full salary. From May 29th to September 10th, 2009 I will receive severance in the form of continued salary—I get my paychecks every two weeks just like I did when I was working.

I assumed that I could not apply for unemployment until my severance salary stopped on September 10th. The AZ DES website does not explain severance in the form of continued salary (I have searched it rigorously) and you cannot talk to a person--the phone message says they cannot take calls anymore and to see the website. You also can't go to an office and talk to anyone—they will only talk to you about reemployment and only after you have filed your claim.

After reading these posts, I am wondering if I should apply now or wait until September 10th. We get 365 days of unemployment in AZ (I think) and according to the website I think the clock starts ticking down the Sunday after I submit my application so I don't want the clock to start ticking down now if I can’t get unemployment until September.

I had to sign an agreement with my company before I could receive severance pay. I also received a lump sum for my accrued vacation.

If anyone knows anything about Arizona and severance as continued salary, please let me know.
 


Re: Unemployment after getting a severance package in AZ?

Anonymous said:
I live in Arizona and was laid off. My last day of “active employment” was April 29, 2009. From April 29th to May 29th I was placed on paid non-working notice where I continued to receive my full salary. From May 29th to September 10th, 2009 I will receive severance in the form of continued salary—I get my paychecks every two weeks just like I did when I was working.

I assumed that I could not apply for unemployment until my severance salary stopped on September 10th. The AZ DES website does not explain severance in the form of continued salary (I have searched it rigorously) and you cannot talk to a person--the phone message says they cannot take calls anymore and to see the website. You also can't go to an office and talk to anyone—they will only talk to you about reemployment and only after you have filed your claim.

After reading these posts, I am wondering if I should apply now or wait until September 10th. We get 365 days of unemployment in AZ (I think) and according to the website I think the clock starts ticking down the Sunday after I submit my application so I don't want the clock to start ticking down now if I can’t get unemployment until September.

I had to sign an agreement with my company before I could receive severance pay. I also received a lump sum for my accrued vacation.

If anyone knows anything about Arizona and severance as continued salary, please let me know.
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I don't know Arizona law, but if things are as you described, I would APPLY NOW for unemployment benefits. Answer every question truthfully about the severance benefits that you now receive and will receive until September 10.

I can't think that a "No, you can't collect" until September answer hurts you; you'll then have your answer and bide your time until then. But if you can collect, then you've got the paperwork started and checks on their way.

Also remember that our grand and glorious leader, the Great One, the Lord High and Merciful Obama has decreed that, under certain conditions, you can get a reduction of up to 65% of your COBRA health insurance payments once you have involuntarily lost your job.
 


Anonymous said:
I live in Tucson, AZ and finally reached someone live at the AZUI Call Center who explained that unemployment insurance and severance packages are evaluated on a case-by-case basis. In my situation they said that I would not qualify for unemployment until my severance runs out, which was calculated in the following way: Lump sum of severance AFTER taxes divided by weekly qualifying amount ($240/week in my case) = x amount of weeks. When the severance runs out on their calendar, then I can submit for unemployment benefits, but God I hope I'm employed by then!!
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I see this post is a few months old but the information you were given by the person at the AZUI Call Center was wrong. I'm basing this on a lump sum payment that you received.

Arizona Administrative Code, Title 6, Chapter 3, Article 55, R6-3-55460 states that:
A. Dismissal or separation pay (T.P.U. 460.35)

1. Dismissal payments include, but are not limited to, wages in lieu of notice, dismissal payments, and severance payments, and may be in accordance with the contract of employment or an unilateral policy of the employer.

2. Payments may be made as a lump sum at the time of termination of services in other instances, the employer may continue to include the worker on his payroll for one or more pay periods following the termination of the worker's services.

3. Section 23-621 of the Employment Security Law of Arizona provides that an employee is unemployed with respect to any week in which he performs no services and with respect to which no wages are payable to him. Therefore, dismissal or separation payments, as shown above, are considered to be payments for past services and shall not be allocated to any period after the separation from work.

Interpreting this, it defines that severance payments (line 1) or a severance lump sum (line 2) are considered dismissal payments (line 1). So now we know that your lump sum payment is defined as a dismissal payment. Line 3 highlights what is outlined in Section 23-621 of the Employment Security Law of Arizona which says that dismissal payments are considered (or payed out) for PAST services and shall NOT be allocated to ANY period after the separation. So, if you were officially separated on March 1, 2009 (for example only), then your severance payment is only considered for past services prior to March 1, 2009. If you were paid a $10,000 lump sum payment, that money should NOT be allocated for any week after March 1, 2009.

The law is pretty clear on this. I write this because I am in the same situation and will be prepared for the "allocation" excuse and educate the case worker on the law.
 


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Oh, for crying out loud...just call the damned unemployment office and ASK someone there. They know, not the knuckleheads answering your post and giving their own experience.

Jeez.
 


Anonymous said:
Oh, for crying out loud...just call the damned unemployment office and ASK someone there. They know, not the knuckleheads answering your post and giving their own experience.

Jeez.
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Yeah that's great advice and all but good luck getting through. My boyfriend applied for benefits 7 weeks ago and to date no payments. When we call (repeatedly) we either get a busy signal or a message telling us they have too many calls cannot help us right now and to call back later.
 





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