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Severance Pay and Unemployment New York

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  • Severance Pay and Unemployment New York

    My team and I received advance notification from our employer that we will be getting laid off in a couple of months. They will provide 3 months severance pay. We will be getting this every 2 weeks until the 3 months is up. They will not give this us a lump sum payment. Can we apply for unemployment benefits right away or do we have to wait after 3 months when the severance pay has ended. Please advise. Thanks in advance.

  • #2
    You can apply for unemployment as soon as you are no longer employed. Just as an FYI, severance payments are taken into considerantion when UC determines your weekly eligibility of benefits.

    Useful links:
    https://ui.labor.state.ny.us/UBC/home.do

    Comment


    • #3
      Originally posted by robb71
      You can apply for unemployment as soon as you are no longer employed. Just as an FYI, severance payments are taken into considerantion when UC determines your weekly eligibility of benefits.

      Useful links:
      https://ui.labor.state.ny.us/UBC/home.do
      Thank you for the response. Personally I would prefer to apply for Unemployment after my severance pay diminishes. Can I apply after after 3 months after my end date or would I get penalized for this? Thank you.

      Comment


      • #4
        The below is a cut and paste from the NY Department of Labor website. You may want to call (1-888-209-8124) their customer support line. I'm sure they get this question all the time.

        Q: When should I file for benefits/file a claim?

        A: File your claim during your first week of total or partial unemployment - to delay may cost you benefits.

        http://www.labor.state.ny.us/ui/clai...uapplyfaq.shtm

        Comment


        • #5
          Originally posted by robb71
          The below is a cut and paste from the NY Department of Labor website. You may want to call (1-888-209-8124) their customer support line. I'm sure they get this question all the time.

          Q: When should I file for benefits/file a claim?

          A: File your claim during your first week of total or partial unemployment - to delay may cost you benefits.

          http://www.labor.state.ny.us/ui/clai...uapplyfaq.shtm
          I called the number a couple of days ago unfortunately they do not have an option to just talk to a customer service Therefore I am unable to ask my question. The number is only for people filing claims or have already filed a claim. Can you suggest another avenue for me to take? Thanks.

          Comment


          • #6
            I found the below at http://www.workplacefairness.org/eligibility#11.

            11. When I left my job, I was given a severance package. Does that mean I am not eligible for UI benefits?

            Severance benefits may or may not make you ineligible: the rules vary from state to state. If you received severance pay from your employer, the severance is often considered income and may offset any unemployment compensation to which you are entitled. Salary continuation, when you stay on the payroll for a certain number of weeks after you stop working for the company, will usually make you ineligible for unemployment for as long as the employer continues to pay your salary.

            If your employer pays you severance all at once in a "lump sum," you may or may not be entitled to unemployment benefits. If the lump sum is just an up front payment of a number of weeks of your pay, the agency may treat the payment like salary continuation. You will be ineligible for benefits for the number of weeks of severance you received.

            You should apply for unemployment compensation even if you are receiving severance. You should begin the paperwork immediately. When and if your severance runs out before you find another position, you can simply send in a request for compensation and the original administrative steps that you took will speed up the process of payment.

            Useful links:
            http://www.epinet.org/content.cfm/datazone_uicalc_index
            http://www.labor.state.ny.us/formsdo...C318.3webe.pdf
            http://www.workplacefairness.org/eligibility#11

            Comment

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