Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Severance - Florida

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sue
    replied
    Originally posted by bokaj
    But earned wages when? Can the employer say that they paid me for two weeks post termination and that I was not eligible for unemployment under that same period?

    That is something it looks like your employer will argue, but most likely, you will win the appeal:

    "As a general rule, severance pay shouldn't disqualify you from unemployment benefits...'

    "The laws in almost all states are consistent to that effect."

    However, that assumes the severance pay you receive represents payments for being a faithful employee, and is calculated on years of service.

    On the other hand, most states draw a "line in the sand" when companies grant that pay in exchange for services from employees or former employees.

    For example, notice pay, money given to employees before an official discharge from service, and continuation pay, given to former employees to make sure they are available if needed to help in transition, "will often both disqualify an unemployment application," Sklover said.

    Money paid in return for any kind of services is wages, resulting in a denial of unemployment insurance benefits, he said.

    Some states also check to see if your benefits -- such as health insurance, life insurance and savings plans -- are continuing, and, if so, presume you're being paid. Thus, you're left with the burden of establishing that no services are required during those periods of payment.

    Your post suggests that a miscommunication or misunderstanding may have occurred between your company and the agency that handles unemployment claims, resulting in your severance being mischaracterized.

    You will be able to state your case during the appeal.

    Leave a comment:


  • bokaj
    replied
    But earned wages when? Can the employer say that they paid me for two weeks post termination and that I was not eligible for unemployment under that same period?

    Leave a comment:


  • Sue
    replied
    Originally posted by bokaj
    I was terminated and the company gave me two weeks severance pay. I was awarded unemployment and now the company is appealing that decision. I began working soon after and the unemployment benefits paid to me were less than the severance pay. Can the employer claim that severance was compensation and therefore unemployment benefits were not owed?

    Thanks.
    Severance pay is considered earned wages in some cases.
    Last edited by Sue; 02-16-2005, 04:55 PM.

    Leave a comment:


  • bokaj
    started a topic Severance - Florida

    Severance - Florida

    I was terminated and the company gave me two weeks severance pay. I was awarded unemployment and now the company is appealing that decision. I began working soon after and the unemployment benefits paid to me were less than the severance pay. Can the employer claim that severance was compensation and therefore unemployment benefits were not owed?

    Thanks.
The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
Working...
X