Thread regarding Oracle Corp. layoffs

filing for unemployment benefits - wait or do now?

Trying to figure out whether to file for unemployment benefits now, or wait. I'm not under WARN, and am receiving the release form today which will then trigger my severance pay. I know every state is different, so I'm mainly interested in what's the best choice in Colorado. But if others want to post what's applicable for their state as well, that could be helpful for others.

I did find this statement:

"What you need to do is file your initial unemployment claim immediately. It takes 2 or 3 weeks for the claim to process, so the sooner you are able to get it done, the better.

When you file the initial claim, you will be asked to enter any payments that you received from the company, including severance pay and vacation pay. This will determine how long it will be until you receive your first unemployment payment. For example, if your UI claim is approved and they determine that you are eligible to receive $300 a week, and you received $1500 in severance and vacation payments, you will not be able to receive an unemployment payment for 6 weeks. This includes a "waiting week" for which you will not be paid at all. "

Also found info indicating that the amount of unemployment benefits are determined by previous quarters income, so if you wait, your benefit will end up being lower since your income after layoff is lower.

Anyone else been through this and can comment on how it works/what's best to do?

by | Post ID: @P9EFQx5
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So seems it's best to file for unemployment sooner than later, as it can take a few weeks to get everything in their system, etc. When I looked at the unemployment site, it said if filing now, then they look at your gross income from 4/1/6 through 3/21/17. Next step, how to get what your gross pay was for that time period when you no longer have access to the O self-service info and your paychecks were direct deposited (so no pay slips)? Contacted payroll asking for the slips for that time frame, and they said they'd only send for the last 3 months, and last one in 2016. Called unemployment office, and once I gave them my SSN, they had all the information. So don't waste your time with payroll, just call the general number for your state's dept. of labor and employment and get it from them!

by | Post ID: @P9EFQx5-4fgk

For CA, my understanding is that vacation and severance pay will not affect your UI claim. You do, however, need to report both.

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.

How does vacation pay and holiday pay affect my eligibility to receive unemployment insurance benefits?

Vacation pay or holiday may be deducted from your benefits. It will depend on whether or not you have been given a definite date to return to work at the time you were placed on layoff status:

If you are not given a definite date to return to work, any vacation pay or holiday pay paid to you when your job ends is not deducted from your weekly benefit amount.

by | Post ID: @P9EFQx5-1xyp

unemployment and WARN can overlap based on this :

Section 1265.1 of the UI Code was enacted January 1, 2002, with the passage of Senate Bill 40 (SB 40). Section 1265.1 reads as follows:

"Notwithstanding any other provision of this division, payments to an individual by an employer who has failed to provide the advance notice of facility closure required by the federal Worker Adjustment Renotification and Training [sic: the actual name is Worker Adjustment Retraining and Notification] (WARN) Act (290 U.S.C. Sec. 1201 et seq.) shall not be construed to be wages or compensation for personal services under this division, and benefits payable under this division shall not be denied or reduced because of the receipt of payments related in any way to an employer’s violation of the WARN Act."

Section 1265.1 of the Code specifically states WARN Act pay will not be construed to be wages. However, prior to the passage of Section 1265.1 of the Code, if an employer failed to give the required 60-days' notice and paid employees for the lack of notice, the WARN Act pay would constitute in-lieu-of-notice pay and was considered wages for unemployment insurance purposes. The wages were allocable to the period immediately following the last day of work through the number of days paid for the lack of notice.

Due to the passage of Section 1265.1 of the Code, effective the week in which the bill was passed, which begins December 30, 2001, in-lieu-of-notice pay will no longer be considered wages.

The department interviewer does not have to determine whether an employer is subject to the provisions of the WARN Act. If the claimant reports he/she is receiving WARN pay or the employer reports making payments to the claimant in compliance with the WARN Act, the payment will be treated as follows:

WARN Act Payments allocable to any period prior to December 30, 2001, will be considered wages.

WARN Act Payments that begin prior to December 30, 2001, and extend beyond that date, will only be considered wages for the period through December 29, 2001. Therefore, all disqualifications for receipt of WARN Act Payments will end on December 29, 2001.

WARN Act Payments allocated to the period beginning December 30, 2001, and continuing will meet the provisions of UI Code Section 1265.1 and will not be considered wages for unemployment insurance purposes.

by | Post ID: @P9EFQx5-1omf

AFAIK, in Cali, severance and unemp can overlap. But in TX , NY etc., they cannot. And in any case, WARN and unemp cannot overlap. At least that is my understanding.

by | Post ID: @P9EFQx5-1jpv

Poster clearly said hes not under Warn so your post is nonsensical.

by | Post ID: @P9EFQx5-itb

AFAIK, You can file for WARN only after your name is removed from payroll. So if you ate kept on the payroll for more months like CA, you need to wait for that last date. i.e. you cannot double-dip. Severance pa is different from the 2 month continuation of payslips.

by | Post ID: @P9EFQx5-hbk

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