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  1. #1
    Join Date
    Sep 2016
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    Default Collecting Unemployment After Accepting a Severance Package

    If an employee is fired, but is given a severance package that includes two months of pay with continued fringe benefits, can they apply for unemployment during the months covered by the severance package?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Collecting Unemployment After Accepting a Severance Package

    Assuming that you're not being fired for a reason that disqualifies you from collecting unemployment, the rules depend on the state. In some states benefits won't be available, in others it will depend upon whether the payment is in a lump sum or paid over time, or whether you have to sign a release of claims. In some states, a release of claims in exchange for severance will cause you to be eligible for benefits, but if you don't sign a release the payment may result in a period of disqualification from benefits. In some states, if payment is over time or made through regular payroll (as if you're still an employee) the UI benefits won't start until the severance is fully paid out.

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