chele
02-21-2007, 08:12 AM
I'm lost my job last week & as a result will be getting 5 weeks of severance pay & 2 weeks of accrued vacation. Is severance pay & vacation pay considered earned wages?
I'm wondering if I'm entitled to receive employment benefits & severance/vacation pay at the same time? Your advice is appreciated.
Thanks
Pattymd
02-21-2007, 08:25 AM
Vacation pay appears to count, but I assume you're going to be receiving that with your final pay. Wages to be counted are based on when they are earned, not when they were paid. I couldn't find anything specific to severance being paid on a regular basis following termination (is that what they are going to be doing, or will it be paid in a lump sum?), but here is the Claimant's handbook and it includes contact information.
http://www.labor.state.ny.us/formsdocs/ui/TC318.3webe.pdf
In my state, it makes a difference whether you are being asked to sign a waiver to get the severance. I don't know if NY has a similar law but it's a question to ask when you call.