Unemployment vs severance pay Nebraska Nebraska

[MissLori]

I was laid off from my job on 2/8/08. My company paid me a lump sum payment of $13500 when I left the company. I was disqualified for Unemployment payments until May 17. All of my co-workers in other states (OH, VA, PA, etc) had this issue, but were able to resolve it when HR called and confirmed that severence was classed as our last day paid employment. I am getting no luck straightening this out here in Nebraska. Is the law different here? Should I appeal? Thanks!

[ElleMD]

It never hurts to appeal. You have nothingto lose.

[MissLori]

True, but I'd like to know what the law is regarding this situation here in Nebraska.

[Pattymd]

Obviously, Nebraska IS different. When it comes to UI eligibility, every state sets its own rules.
https://uibenefits.nwd.ne.gov/BPSWeb...antWelcome.jsp

[MissLori]

I have been to that site, but don't see anything that addresses specifically how that check was/should have been classified by HR. As I said, in other states HR was able to classify that lump sum severance as the last paycheck, and the employees that were originally denied UE until May (as I have been) had their decisions reversed and got checks. HR is still working on it supposedly, but I am posting to see if anyone knows if this will resolve it for me here in Nebraska? Thanks again.

[Pattymd]

What I'm trying to say is that it's very possible (and not unlikely) that lump-sum severance results in a disqualification/delay in Nebraska and not in other states. What the law is in other states is irrelevant. Why don't you just call the state and get a clarification?

[ElleMD]

Nebraska does delay UC qualification for the period of time the severance is intended to cover. If it is meantto represent 6 weeks of salary, then you wouldn't be eligible for UC until the 6 weeks have passed. In other words, Nebraska does not permit double dipping.

[MissLori]

Thanks. I am also hearing that since the severance pay was made to me in exchange for a signed waiver that I won't sue the company in the future, that it may not be classified as severance, and I would receive benefits. Any familiarity with this?

[ElleMD]

Nothing I saw in my sources referenced this. You will have to ask the state.

[Pattymd]

Originally Posted by MissLori

Thanks. I am also hearing that since the severance pay was made to me in exchange for a signed waiver that I won't sue the company in the future, that it may not be classified as severance, and I would receive benefits. Any familiarity with this?

I would doubt that, honestly. It's generally a blanket statement that is included in severance agreements that is not a "payment to release claims" and which would categorize it as anything else.

But again, every state is different and only an answer from the state agency will mean anything.

[MissLori]

I guess I will need to file an appeal if HR cannot settle this matter. I'm having a hard time getting anyone from the State office to call me back.

Btw...this is the passage I found on http://www.dol.state.ne.us/atpm/oc.doc --

"A lump sum payment received after separation in exchange for waiver of all claims against the employer was held not to constitute severance pay and was not disqualifying. In re Snelson, 96 Neb. App. Trib. 1610 (August 6, 2001)."

[Pattymd]

Try emailing them, if possible. I've found I get faster responses that way. The whole issue will hang on whether that one statement in the agreement could be deemed to be a "release of all claims" in the context of the case you cited. Maybe you should get the advice of an attorney.