Are we legally able to file for unemployment benefits? If you choose to defer your severance until next year, would that change the answer?
17 replies (most recent on top)
If you’re in Alabama and you left involuntarily, you are eligible for UE.
Has anyone in NJ have had any problems getting unemployment insurance before if deferring the severance payment to the following year, and also receiving yearly salary deferral distributions from AT&T?
Actually, I just noticed a contradiction on my prior post (last sentence). We all need to check at the State level and just apply to find out maybe.
Thanks CNC, CA law for unemployment (with severance pay) is spelled out per your link but scrolling further down includes another view (I like this one better :–).
How does severance pay affect unemployment?
Severance pay can affect unemployment compensation in two ways. If the employer pays the employee severance fee in a lump sum, the employee can apply for unemployment insurance right away as he is no longer on the company's payroll. ... This means he cannot apply for unemployment.Apr 27, 2019
Affect of severance and vacation pay on Unemployment:
Taking a pension will impact unemployment in some states. If you are qualified for 2000 a month unemployment but your pension is 2100 a month you are out of luck. However if pension is 1500 a month you can draw the difference.
@drz State law determines whether severance payments (also called termination payments or dismissal payments) are treated as wages. If they count as wages, then they would affect your right to collect unemployment. As long as you are receiving wages, you aren't considered to be unemployed. Simple knowledge goes a long way
@bfu: You have to receive your severance payment before you qualify for unemployment.
Wonder why? You qualify for unemployment because of terminal, severance or no severance. Unemployment benefits should be independent of severance.
You have to receive your severance payment before you qualify for unemployment. Remeber you were involuntarily laid off not terminated or resigned.
@iuo: "You don't need to defer to get unemployment in most states. Taking your monthly pension might screw it up. Check first"
depending upon your cashflow situation you can defer pension until you are ready to do something about it,
MVO=Management Voluntary Offer, which is part of force reduction, but is not layoff, is an employee's decision to take the offer or not.
- "since there was no MVO ..."
What is "MVO"?
You don't need to defer to get unemployment in most states. Taking your monthly pension might screw it up. Check first
The only state I know of that denied it due to severance was Indiana but maybe it was done incorrectly. He was told his severance equaled the unemployment. Everyone else I know filed the day after they left.
It depends on the state; some will let you claim regardless of severance; others won't.
You can defer and claim your unemployment benefits, since there was no MVO and you did not "volunteer".
Good luck to you.