Our company was in bankruptcy and was recently sold. The employees had been told the entire time that we were safe and had jobs at least for a year. Well that year turned out to be 1 month. We were told that our office was being closed because it was a business decision.

I was told verbally that I was getting 4 weeks severance plus 2 more weeks because I had been with the company 3 years (well 14 days shy of three years) so they would only pay me for the two years not three. Well today when the severance pkg came I am getting two weeks plus one week because of my time tenure. Then I was asked if I would stay to the first part of September to close down the office I agreed. I was told in doing this I would get a month of benefits. So today I was told that I have to pay for my benefits out of my severance for the month of Sept. for them to continue (for the month of Sept.).

So with working in the month of Sept I should get benefits for that month - without paying shouldn't I? Meaning my termination day is Sept. 1st so don't my benefits continue for 30 days? I was told that they couldn't fix my payroll to not take out the monies. So I asked if my benefits could be extended until October and the answer was no.

Oh, we asked if we could collect unemployment during this time and the answer was no. If we get a job that pays 75% of our severance we are to call them and tell them we are working and the severance is then discontinued.

I understand that nothing is mandatory in Florida regarding severance. Back in the day we had a motto that said "The rules are different here" boy are they right.

I am nowhere near as knowledgeable regarding benefits as many others, so I will let one of them respond to that inquiry.

As I read your post, you are only getting three (3) weeks severance, correct?

If that is so, then you most certainly will be eligible for unemployment at the end of those three (3) weeks based on the nature of your separation. It is possible that you may also be eligible to collect concurrently with your severance ... did you sign a release to be eligible for the severance? If so, some states permit "double dipping" under those circumstances. I will have to do some research to determine if FL is such a state.

We have a severance package that we rec'd yesterday but nowhere in it does it say anything about unemployment. Although when the HR person was here we all asked that question and he said that we would be denied unemployment until after the severance has run out.

Yes, three weeks is correct.

Any info would be greatly appreciated. We have 45 days to sign package and return.

As part of the "package" do you have to sign a release wherein in consideration for receiving the severance you agree not to sue the employer in a multiple forums?

agree not to sue the employer in a multiple forums?

Just not to sue - doesn't say multiple forums. "of and from any and all actions, causes of action, suits, claims, debts, demands and complaints whatsoever, in law or equity"

Those are my words, but the words/terms you quoted is what I was referring to.

Unfortunately, my cursory review of the law suggests that regardless of the release, a claimant cannot collect unemployment and severance concurrently.

Chapter 443.101(3)(a) states a claimant will be disqualified:

(3) For any week with respect to which he or she is receiving or has received remuneration in the form of:

(a) Wages in lieu of notice.

It is the lack of any conditions such as a release related to severance in the statute that suggests that FL does not permit "double dipping" under any circumstances.

Ok - thanks for your help. I guess Florida isn't the state to get the boot of any kind!

Very much appreciated.

Many if not most states limit an employee's ability to collect severance and unemployment both. It's not just Florida.

Many if not most states limit an employee's ability to collect severance and unemployment both. It's not just Florida.

Very true ... our fair state/commonwealth being one of the few exceptions. :rolleyes: