I'm in NY and received my lump-sum severance...I'm assuming this means I can't claim benefits for awhile? Anyone know how this all works? Tried calling but couldn't get through.
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I'm in NY. My store is a Union store. I was laid off June 30th with a last work day of July 7th. I never got papers regarding the lay offs, just the info listed on INSITE. After a lot of wrong info from The Help Desk and the Union, I was finally told by the Union, that I am not entitled to any paperwork. I signed nothing. Dif anyone else in NY have this issue?
I was not furloughed so this was my first time submitting
Hi, to the person who just posted, were you furloughed and collecting unemployment prior to 6/30? Or did you just apply for the first time in July? Thanks
I received the lump sum payment on 7/28 when my last day was 6/30. I applied for unemployment in NY. I was denied since the payment is worth more than weekly unemployment. The notification of being denied stated I can start to claim in mid October if i am still unemployed then. I finally got through to someone in unemployment after many failed calls. I was on the phone for a long time and they confirmed that I was denied.
My third time on unemployment. All three times I didn't report severance received. No repurcussions. Don't report it. States are overwhelmed. Besides,it's not income... It's a bribe. They gave you money not to sue them.
I'm the OP. I wrote to this random legal chat service, and this was the response I got (though I'm still confused and not sure how to proceed since the NY site doesn't give you the option of flagging severance pay specifically:
"Most UI offices have a space on the weekly claim form for income earned that week. I would file and list the income for all 8 weeks, then write UI offices a letter. If its 8 weeks income they may deny the claim for those weeks, but they have this nasty habit of charging you back if overpaid. So I would claim all 8 for one week, then write a letter explaining what happened, and ask for guidance on the proper way to do this. They are vastly overworked, overwhelmed, and if like most states, you cannot reach them on the phone.Send this letter certified mail, return receipt requested, and copy the new Special Inspector General for CARES, Steven Miller at the US Treasury Department."
My severance payment came thru in July, so I've been hesitant to write to NY Labor in case it causes a problem. Even tho my last day actually worked, for pay, was April 4. Can you post the response you get here?
I am in the same boat. I haven’t received my severance payment (I waited a few weeks to sign) but have been collecting UI benefits since April. My last day of “working” was 6/30 so it will be 30+ days until I receive my severance. The lump sum will be well over the weekly UI benefits, however, I’ve already qualified for unemployment and plan on continuing to claim. There is a section under labor.ny.gov where you can send messages. I wrote them today and hopefully they can shed some light on this ambiguous topic. I suggest you write them as well and maybe they will add this to the FAQ.
(Nyc) I got the severance in July. But my last day actually worked (received a pay check prior to furlough) was April 4.
However nyc seems to say that if the weekly amount spelled out in the severance is greater than $504, you aren’t entitled to benefits at the same time covered by the severance payment.
Sounds like a lot of people are going to claim anyway. I’m not sure....ugh I wish the phone number actually worked!!
I’m glad someone posted about this. I haven’t received my severance payment yet, but it has been over the 30 days since my last day of work, even though my last day of work was April 4th due to being furloughed. I plan on continuing to claim bc I am eligible for unemployment and my severance payments will be 31+ days after the last day I work.
I am in Texas & severance is actually included among the questions I must answer each time I request payment benefits. It is mentioned specifically. All this means is that UI regulations varies from state to state.
That’s strange- the state I am in says it is not reportable
Says so right on the labor.gov website
Now PTO did need to be reported on the weekly claim and for most that means no unemployment for that week
Hi, I'm in NYC too. I am confused. Where when you claim weekly can you report the severance?
My options are,
During the week ending 8/2/2020, did you refuse any job offer or referral?
- How many days did you work, including self-employment, during the week ending 8/2/2020?
2a. Excluding earnings from self-employment, did you earn more than $504?
Yes No NA
- How many days were you NOT ready, willing, and able to work?
- How many days were you owed vacation pay or did you receive vacation pay?
- How many days were you owed holiday pay or did you receive holiday pay?
- Have you returned to work?
When I say I worked 0 days, but earned more than $504, on the confirmation screen, it changes my answer to I did NOT earn more than $504.
This is very confusing, does anyone have any insight? From what I understand, in NY you can't get both severance and unemployment if the weekly amount of the severance exceeds $504, which it does in my case.
However, other people I know are interpreting things differently and plan to keep claiming.
I don't want to lose out on benefits, but I don't want to accidentally get an overpayment. And I can't get thru to anyone at NY DOL.
I agree with @vrg+16hoyf4U: just file it under other money/severance.
I also read the DOL link. If I read it right, you need to divide the total amount you're getting by the # of weeks you're being paid. For example, if you're getting $15,000 for 20 weeks of pay, that would be $750/week, which is over the amount to collect. It may be diferent per state or maybe you might be able to continue to claim.
Please correct me if I'm wrong it's a little confusing first time doing this.
PS - My neighbor says I should claim the severance one week, then try putting in a claim the following week just to see what happens lol
Payments made under the New York State WARN Act (Worker Adjustment and Retraining Notification Act– Article 25-A of the Labor Law) are not considered dismissal/severance pay. The WARN Act states that Unemployment Insurance benefits may not be denied or reduced because of payment(s) received under the WARN Act.
Q: If I receive dismissal or severance pay, will it affect my benefits?
A: You may be eligible for Unemployment Insurance if the weekly payments of dismissal or severance are less than the maximum benefit rate.
You will not be eligible for benefits if:
You receive weekly dismissal or severance payments that are greater than the maximum weekly benefit rate; or
Your employer gave you a lump sum payment and the weekly pro-rated amount of the payment is greater than the maximum weekly benefit rate.
****You may be eligible to collect benefits if:
The weekly amount of dismissal or severance pay is less than or equal to the maximum weekly benefit rate; or
You receive your first dismissal or severance payment more than 30 days after the last day you worked.
If you are still unemployed when your dismissal or severance pay ends, you should file a claim for benefits. You should do this even if you are not sure if you have enough earnings, or if you filed a claim when you started receiving dismissal or severance pay. We will determine if you are eligible for benefits.
Dont worry about calling. Just wait til your next claim period to report it for what it is, severance. One of the questions you must answer during your claim request for payment is "other money" -and one of the examples they list is literally "severance pay".