Now my DM in NJ told me not to fill for unemployment till after my 5 weeks of severance. If I do choose to fill now will it affect my severance in
17 replies (most recent on top)
Yea-that’s who I would ask, the DM...Seriously?
Technicality: If paid in a lump sum it is severance. If paid out in installments it is "Transitional Pay." Different rules sometimes apply to each. Check your individual state requirements on how they apply. Sometimes companies use the Transitional Pay which can have major implications on future employment and can screw the employee. Read the whole documents before you sign. I am in California. My friend is a labor attorney and advised me thank god.
Moral of the story? Don't believe everything they tell you, especially if they just laid you off. They already want you to just go away and their only goal is to their money and assets.
Protect YOUR money and assets and do whats best for you. Contact a lawyer if need be. They really shouldn't be telling you what you can and cannot do after they just laid you off.
Helpful Hint..get advice from your States unemployment site. Nowhere else. They are the ones who make the rules and they are the ones that pay you. You can find all.sorts of info online but who knows if is up to date? Go by your States unemployment site
"In New Jersey, someone who receives severance pay or a severance package from a former employer may also apply for unemployment benefits. As long as the severance is paid in a lump sum, is intended to recognize past years of service, or otherwise doesn't extend the person's employment with the company, it won't affect unemployment eligibility."
Source:
https://www.employmentlawfirms.com/resources/employment/unemployment-and-social-security/severance-effect.htm
https://nj.gov/labor/handbook/content/QandAUI.html#:~:text=It%20is%20subject%20to%20state,known%20as%20sick%20leave%20pay.
Link for NJ peeps. I don't live there, just trying to help.
Alright, here is some *factual * law for my California people:
"In this regard, you are lucky to have worked in California. Under California law, severance pay is not considered wages for unemployment purposes. Instead, it is considered a payment in recognition of your past service. Even if it is paid out in installments, as yours will be, it doesn't count against your unemployment."
Source:
https://www.employmentlawfirms.com/resources/will-my-severance-prevent-me-collecting-unemployment.htm#:~:text=Under%20California%20law%2C%20severance%20pay,t%20count%20against%20your%20unemployment.
Other states, Google "severance pay law"
Hope this helps.
Every state might be a little different to a degree, but it really depends on how your severance is paid out. If it is paid out in a lump sum, you can file for UI right after you receive your money. If the severance is paid out over time, you have to wait to your last payment.
All of the advice that you need is in this thread.
I am so confused!!
They said we would get an email!!
Never got that email !!!
And still waiting on my overnighted form from fed ex!!
So When are we suppose to file for unemployment ???
I seriously don’t want to screw up and end up having to pay back $$$ to unemployment .
This is for NYC.
Anyone have any advise???
File for unemployment. I can only speak for my state but one of my questions was if you received any severance. As someone else noted they will know if not reported. Each state has different rules but regardless file anyway. Unemployment offices are used to severance pay.
on top of severance. Needed to check that before I posted.
Finally, some concrete advise!!
Report everything they've given you, cuz you don't want to be caught by the IRS. But, there is no reason why you can't file for unemployment after you sign the papers. It might take a while to start getting your benefits, but at least you would have put yourself in the system. This avoids any further delays on you getting your money before you land your next job.
Unemployment is not a replacement for work, its an aid for people who are in between jobs. Don't be afraid to ask for assistance. You need to save your money and try to put extra away just in case things more 2020 BS decides to happen.
UI will not start paying benefits until your severance has been exhausted. Based on the long wait times as far as getting UI claims processed, you should go ahead and apply now. In GA a UI rep contacted me in regards to severance and asked for a copy of my separation agreement that listed how many weeks of severance I was going to receive. Don't think about not reporting the severance because all states are notified of severance payouts. If you don't report it, you will be responsible for paying your state back if it is determined that you were collected UI benefits on top of UI.
DO NOT listen to the supervisor! Take your severance, file for unemployment and find a new job!
At this stage of the game you must look after Numero Uno (that's you!), and anything your former supervisor says is to be ignored. The supervisor is acting in the best interest of the company (not you!) and not to be trusted; same with HR representatives.
It amazing how even after they lay us off, they still try to find ways to screw us over even more. Don't trust them
That doesn't make sense. When you get a severance, don't you get it all at once? After you take the severance and are no longer employed with the company, that makes you unemployed and eligible for unemployment benefits.