if you are fire/laid off and get severance, are you eligible for unemployment while you receive severance checks?

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Not while you are still getting paid (including severance)

In most if not all states you can file for unemployment though while getting severance. It can take up to a month or more to get unemployment payments so better to file ASAP.
 

MixMasterTang

Diamond Member
Jul 23, 2001
3,167
176
106
linkWhat state are you in?

Edit:

11. When I left my job, I was given a severance package. Does that mean I am not eligible for UI benefits?

Severance benefits may or may not make you ineligible: the rules vary from state to state. If you received severance pay from your employer, the severance is often considered income and may offset any unemployment compensation to which you are entitled. Salary continuation, when you stay on the payroll for a certain number of weeks after you stop working for the company, will usually make you ineligible for unemployment for as long as the employer continues to pay your salary.

If your employer pays you severance all at once in a "lump sum," you may or may not be entitled to unemployment benefits. If the lump sum is just an up front payment of a number of weeks of your pay, the agency may treat the payment like salary continuation. You will be ineligible for benefits for the number of weeks of severance you received.

You should apply for unemployment compensation even if you are receiving severance. You should begin the paperwork immediately. When and if your severance runs out before you find another position, you can simply send in a request for compensation and the original administrative steps that you took will speed up the process of payment

 

Golgatha

Lifer
Jul 18, 2003
12,259
674
126
File now. The process takes a little while to get going. Worst case scenario is your unemployment benefits never get used, but at least you'll have the paperwork done in case you do need to use them.
 

NL5

Diamond Member
Apr 28, 2003
3,286
12
81
Odd, Oregon doesn't count it as income. Nor does it count pension payments.
 

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
Hmm.. If you know you are going to be unemployed in like a month for example, can you go ahead and file?
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Down here, if you get fired or leave on your own, you don't get unemployment.

If you are laid off or furlough, then you get unemployment.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: Svnla
Down here, if you get fired or leave on your own, you don't get unemployment.

If you are laid off or furlough, then you get unemployment.

Not true. You MIGHT be able to get unemploymnet if you are fired. If it was for cause and can be proven then no. But if they said you steal but can;t prove it etc.. then you get it.
 
Jul 10, 2007
12,041
3
0
oh, i'm not getting fired or laid off.
it was just a question after reading an article about how unemployment is increasing in the local area and it got me wondering.
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Originally posted by: Marlin1975
Originally posted by: Svnla
Down here, if you get fired or leave on your own, you don't get unemployment.

If you are laid off or furlough, then you get unemployment.

Not true. You MIGHT be able to get unemploymnet if you are fired. If it was for cause and can be proven then no. But if they said you steal but can;t prove it etc.. then you get it.

The word "MIGHT"... good luck if you want to fight with the company over the meager unemployment check. It will come down to company word vs. yours. It can drag on and on. I think it is better to move on and focus your energy and time to get better job with another company.

Don't get me wrong, if they fire me for some stupid reasons or no cause, then I will fight them until the end of time.

BTW, if you live in "at will employment" states like mine....company can fire you for any reasons with a very few exceptions such as discrimination.

 

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
Originally posted by: Svnla
Originally posted by: Marlin1975
Originally posted by: Svnla
Down here, if you get fired or leave on your own, you don't get unemployment.

If you are laid off or furlough, then you get unemployment.

Not true. You MIGHT be able to get unemploymnet if you are fired. If it was for cause and can be proven then no. But if they said you steal but can;t prove it etc.. then you get it.

The word "MIGHT"... good luck if you want to fight over the company over the meager unemployment check. It will come down to company word vs. yours. It can drag on and on. I think it is better to move on and focus your energy and time to get better job with another company.

I'd sure as hell fight them. They have to pay you all the unemployment during the time they spent fighting as well you know.

Your money is your money. Don't let anyone steal from you.

You can do both at once you know. ;)
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Originally posted by: TruePaige
Originally posted by: Svnla
Originally posted by: Marlin1975
Originally posted by: Svnla
Down here, if you get fired or leave on your own, you don't get unemployment.

If you are laid off or furlough, then you get unemployment.

Not true. You MIGHT be able to get unemploymnet if you are fired. If it was for cause and can be proven then no. But if they said you steal but can;t prove it etc.. then you get it.

The word "MIGHT"... good luck if you want to fight over the company over the meager unemployment check. It will come down to company word vs. yours. It can drag on and on. I think it is better to move on and focus your energy and time to get better job with another company.

I'd sure as hell fight them. They have to pay you all the unemployment during the time they spent fighting as well you know.

Your money is your money. Don't let anyone steal from you.

You can do both at once you know. ;)

See my edit post above...like I said..depends on locations... at will employment = much harder to fight..not saying impossible...just much harder

They usually don't say "you are fired"...they will say..."your employment service is no longer needed" = perfectly fit for at will states.
 

Golgatha

Lifer
Jul 18, 2003
12,259
674
126
Originally posted by: TruePaige
Originally posted by: Svnla
Originally posted by: Marlin1975
Originally posted by: Svnla
Down here, if you get fired or leave on your own, you don't get unemployment.

If you are laid off or furlough, then you get unemployment.

Not true. You MIGHT be able to get unemploymnet if you are fired. If it was for cause and can be proven then no. But if they said you steal but can;t prove it etc.. then you get it.

The word "MIGHT"... good luck if you want to fight over the company over the meager unemployment check. It will come down to company word vs. yours. It can drag on and on. I think it is better to move on and focus your energy and time to get better job with another company.

I'd sure as hell fight them. They have to pay you all the unemployment during the time they spent fighting as well you know.

Your money is your money. Don't let anyone steal from you.

You can do both at once you know. ;)

I think the burden of proof is on the employer. It also might be cheaper for them to just pay the benefit, rather than go to court also.
 

NoCreativity

Golden Member
Feb 28, 2008
1,735
62
91
Just talked about this at lunch today. Back in 2002 a coworker got laid off with 12 weeks of severance. Collected Unemployment the whole time. He was also laid off about three years before and did the same thing. This was in Michigan.
 

woodie1

Diamond Member
Mar 7, 2000
5,947
0
0
What happens varies from state to state. I have been laid off, paid a weekly severance based on my years of service and received unemployment at the same time.