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California Unemployment and Bonus payout after layoff California

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  • California Unemployment and Bonus payout after layoff California

    I was laid off on Jan. 27. I received a severance package and part of the separation agreement was that I would still be paid my 2016 performance bonus. Per the email: "As previously communicated to you through your separation letter, you will be eligible for a 2016 bonus payment." My bonus was based on 50% personal performance and 50% company performance in 2016, but doesn't pay out until March. When I read over my separation agreement, I noticed that the bonus payout was not included. I asked HR why that was and she said because even if I didn't agree to the terms of my severance, I was still going to receive the bonus payment.

    When I initially filed for UI, I reported what I was going to get for severance because I knew what that amount was going to be. I didn't report the bonus because I didn't know what that payment was going to be, although I was expecting it. I finally got notification of the amount today after they determined the company performance for 2016 and it will be paid out on March 3rd.

    Since I earned this bonus in 2016 prior to being laid off and not currently employed with the company when I receive payment (due to their process), how will this affect my UI benefits? I didn't earn this bonus or "wages" during the claim week. Do I report it as severance since it was part of the severance package or separation agreement, or do I claim it as a bonus? I am confused because where it says to report a bonus, it asks when you worked, etc. Well, I didn't work.

    I spoke with a worker with EDD and he told me to claim it as severance. But with the language barrier, I am not sure he fully understood the situation when I tried to explain it to him. We were kinda going back and forth about whether this payment would be considered as a severance payment or a bonus, which to me, it's kinda both? I do not want them to be coming after me later on.

    Thank you in advance!!

  • #2
    Duplicate post. Also posted (& answered) under unemployment sub forum.
    Last edited by Betty3; 03-01-2017, 10:21 PM.
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