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Severance Pay Georgia

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  • Severance Pay Georgia

    I live in Georgia but worked remotely for a company in connecticut. I was laid off on September 20th and was given a 10 week severance package ( 4 week basic and 6 week supplemental) providing I signed the general release. I signed the release and applied for unemployment on October 19th as instructed by my employer. I am paid monthy on the 15th.

    I received a letter from the DOL saying that GA does not pay unemployment because I am receiving severance. My basic severance was for Sept 20th thru Oct 18th and then the supplemental kicked in on Oct 20 thru November 29th.

    My understanding was that I was not eligible for the 1st 4 weeks because that was basic severance; however I was of the understanding that I could collect unemployment even though I was being paid supplemental. I know that other states pay unemployment when someone is being paid supplemental severance.

    How does that Georgia laws differ or what are the laws in georgia for severance pay?

  • #2
    I don't know offhand what the state of Georgia does with regards to coordinating unemployment with severance, but they wouldn't be the only state where the entire severance period has to expire before unemployment benefits apply. There is no difference between "basic" and supplemental"; it's all severance pay. The difference is in your company policy, not the law.

    There are only three states where severance is ever required by law; it is only required by law in limited circumstances in those three states, and Georgia is not one of those states.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      In Ga. you are *usually* not eligible for UI benefits during a period covered by severance pay paid to you by your employer. The only way to know for sure whether severance pay is disqualifying is to file a claim. It seems you did file a claim & UI is not payable in your case during the period you are covered by severance pay.
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