Can you get severance pay and unemployment at the same time with California EDD?

Wow okay this is way more complicated than I thought. How would I even know which category mine falls into? The paperwork just says 'severance pay' without really explaining the structure.

Look for language like 'salary continuation' or whether the payment schedule matches your normal pay periods. Lump sum agreements usually say something like 'paid within 30 days of separation' rather than being tied to your regular paycheck schedule.

also check if they're still contributing to your health insurance during the severance period, that's usually a sign it's salary continuation not a lump sum

That's really reassuring to hear. Did you have to do anything special when you filed? Like was there a specific place to report the severance amount?

yeah when you certify for your weekly claim there's a question about income and you just report it honestly. since mine was lump sum EDD didn't deduct it from my weekly benefit amount. honestly the whole process was smoother than i expected

I've been dreading calling EDD because I've heard horror stories about not being able to get through. Might actually look into that Claimyr thing because I really do need a definitive answer about my specific package.

seconded on the EDD phone line being a nightmare. i spent three days trying to get through once and never did

does Claimyr actually work?? i've seen it mentioned a few times here. was going to just try to handle everything through the online portal but maybe talking to someone would be better

Oh I hadn't even thought about that angle. My package does include a general release of claims. Should I be consulting a lawyer before signing?

For a release of claims, yes, consulting an employment attorney is smart even if just for a one-hour consult. Many offer free initial consultations. The good news is that California law generally still doesn't treat that type of payment as wages for UI purposes, but the specifics matter.

this is really good advice that nobody talks about, most people just sign whatever HR puts in front of them

You should absolutely go back and amend your certification or contact EDD to clarify. Not reporting income when required can result in an overpayment notice later which is a huge headache — they can demand repayment with penalties. Definitely get this sorted out sooner rather than later.

ugh okay yeah I'll try to fix it. didn't realize it could cause overpayment issues down the road

California EDD does audits and cross-references employer records so it can definitely catch up with you. Better to correct it now proactively than to get a letter months later demanding thousands back.

This breakdown is exactly what I needed. My agreement looks like it's structured as a lump sum based on the language, so sounds like I might be okay.

this matches my experience exactly. the lump sum distinction is the key thing people need to understand

saving this comment because I know I'm gonna need it eventually the way my company has been going through changes lately

Oh wait really? So I won't get paid for the first week at all? I hadn't heard about this.

yep it's standard for California EDD. you still have to certify for that week to keep your claim active, you just don't receive payment for it. week 2 onward you'll get your normal WBA if you're eligible.

Correct. The waiting week requirement has been in place for California UI for a while now. File your initial claim ASAP so that waiting week starts ticking — don't delay your filing trying to figure out the severance question first.

Adjudication just means EDD is investigating some aspect of your claim — it could be the severance, your reason for separation, or even just a random review. Unfortunately EDD doesn't always tell you upfront what they're looking at. Your best option is to try to reach a live agent to ask specifically what's holding up your claim.

I've tried calling literally every day for two weeks and cannot get through. I'm starting to panic about bills.

This is exactly the kind of situation where Claimyr helped me — when I had an adjudication issue and couldn't get any human being on the phone to tell me what was happening. The site is claimyr.com and there's a walkthrough video at https://youtu.be/JmuwXR7HA10 — getting through to an agent who could actually pull up my claim and tell me what was flagged was the only way I got any answers. Adjudication limbo is genuinely awful and sometimes you just need a human on the phone to unstick things.

Oh that's a good reminder, thank you. How many job search activities do I need per week in California?

California requires 3 job search activities per week as of my last knowledge. They can include job applications, attending networking events, creating profiles on job sites, etc. Keep a log with dates and contact info because EDD can audit you.

That's correct — 3 activities per week and you should document each one. The California EDD website has a list of qualifying job search activities so you know what counts. Don't just do 3 applications either — vary your activities to show genuine effort.

Good question but slightly different topic — standby status is for people with a definite return to work date (usually within 8 weeks). If EDD approves your standby request, you're temporarily exempt from the job search requirements. But you have to actually get approved for standby, it's not automatic. If your employer regularly lays you off seasonally, talk to EDD specifically about whether you qualify.

thank you!! I've been doing job search activities all these years thinking I had to even with standby lol. might be worth asking someone about my situation

standby is underused honestly. a lot of seasonal workers don't know it's an option and just do the job search busywork unnecessarily

Yeah I made the mistake of asking my HR rep and she just said 'I think you can get both' with zero confidence. Not helpful at all.

exactly. HR works for the company not for you. they handle the separation documentation but EDD rules are a totally different world that most HR people don't actually know well

Yeah I'd already braced myself for the UI amount being much lower than my salary. It's going to be tight but it's something.

the WBA calculation catches a lot of people off guard. I remember thinking I'd get a lot more than I did. it's based on a formula from wages earned like 5-17 months before you file

this is also why if you had a recent raise or job change it might not be fully reflected in your WBA because of the base period lag

okay I'm going to try this today honestly. 6 weeks in adjudication with no information is not sustainable

yeah the EDD hold music should honestly be classified as a psychological experiment at this point

No — severance is generally not considered wages for the purpose of the WBA calculation. Your benefit amount is based on actual wages earned from employment, not severance payments. So it won't help your WBA but the flip side is lump sum severance also won't count against your weekly benefit in most cases. It kind of just exists outside the normal wage calculation framework.

huh okay that's interesting. so it's basically invisible to EDD for calculation purposes but you still have to report it. that's weird but okay

That's a pretty accurate summary for lump sum severance specifically. The reporting requirement exists so EDD can make the determination about whether it affects your benefit — the outcome just often ends up being that it doesn't for lump sums.

That's actually really good advice. I'll make sure I save all the paperwork from my employer.

also screenshot or print your UI Online certifications when you submit them. EDD's online portal doesn't always show historical submission records clearly and having your own copies is valuable if there's ever a dispute

this 100%. documentation is everything with EDD. treat every interaction like you might need to prove it in an appeal someday

This gets complicated and honestly is a situation worth discussing with a California EDD representative specifically. Settlement payments can be treated differently from regular severance and the timing relative to when benefits were paid matters a lot. Don't assume it won't affect anything — get an official answer.

figured it was complicated. guess I'll have to try the phone lottery with EDD or look into that Claimyr thing people mentioned

For settlement situations I'd also suggest consulting an employment attorney in addition to EDD because the tax treatment and benefits implications can intersect in complicated ways

This is a great summary. I feel so much more informed than I did when I posted this. Filing my claim today and going to call EDD about the specifics of my package structure. Thank you all.

good luck OP! the first few weeks of navigating EDD are the hardest once you get the hang of the weekly certification process it becomes much more routine

yeah it's genuinely scary at first but most people figure it out. the system is frustrating but workable if you know the rules