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EDD claim with severance pay - When to file after company closure?

Just found out our retail store is closing in about 8 weeks and we're all getting laid off. I've been there for almost 4 years and HR mentioned we'll be receiving severance packages based on tenure (supposedly 2 weeks per year worked). I'm completely confused about how this affects my unemployment benefits though! Does EDD consider severance as income? Should I wait until after my severance payments stop before filing for unemployment? Or do I file immediately when my last day happens? The severance might be split into several payments according to our regular pay schedule, but nobody has given us clear information yet. I really need to plan my finances since I have rent and car payments coming up. This is my first time dealing with a layoff + severance situation so any advice would be super helpful!

Michael Adams

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You should file for unemployment immediately after your last day of work, regardless of the severance package. When you certify for benefits, you'll need to report any severance payments as income during the weeks you receive them. EDD considers severance as wages, which may reduce or eliminate your UI benefits for those specific weeks, but once the severance stops, your regular UI benefits should continue without interruption. Make sure you indicate on your application that you were laid off due to business closure, as this clearly qualifies as job loss through no fault of your own. Don't wait until your severance runs out to file - the EDD claim process can take time, and you don't want gaps in your income.

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Chloe Mitchell

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Thank you! So if I understand correctly, I need to file right after my last day, but I might not actually receive benefits until after my severance payments stop? Will my benefit year still start from when I initially file even if I don't get payments right away because of the severance?

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Natalie Wang

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file asap when ur laid off!! i waited 2 wks after my severance ended to apply and they counted those weeks against my benefit year even tho i hadnt applied yet!!! dont make same mistake

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Noah Torres

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When I went through a similar situation last year, I found that how your severance is paid makes a big difference. If it's paid in a lump sum, you report it for the week received. If it's paid biweekly like regular paychecks, you report each payment as you receive it. One important thing: keep documentation of EXACTLY how your severance is calculated (weeks per year of service, etc). My company claimed my payment was "in lieu of notice" rather than true severance, which affected how EDD treated it. I had to appeal to get this fixed. Also, when you certify, there's a specific question about severance - make sure to answer "yes" and report the exact amount for that certification period. Being accurate here saves headaches later!

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Chloe Mitchell

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That's really helpful context! I'll definitely ask HR to provide documentation about how the severance is structured. Did you have to submit any documentation to EDD about your severance?

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Samantha Hall

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the EDD system is sooooo broken i got laid off in february and they STILL havent processed my claim right. severence just complicates everything good luck getting a real person on the phone lol

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Ryan Young

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If you're having trouble reaching EDD by phone, try using Claimyr (claimyr.com). It saved me hours of frustration when I had issues with my claim earlier this year. They connect you directly to an EDD agent instead of dealing with busy signals and disconnections. They have a video demo showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km With something complicated like severance pay affecting your claim, speaking to an actual representative is definitely worth it. My claim had wage reporting issues that couldn't be resolved through the online portal.

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Sophia Clark

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I feel for you! When my company downsized in 2024, I went through this exact situation. Here's what happened to me: 1) Filed for UI the day after my last day worked 2) Got 8 weeks severance paid bi-weekly 3) Had to report each severance payment when certifying 4) Received $0 in UI benefits during weeks I reported severance 5) Once severance ended, full UI benefits kicked in automatically The most confusing part was the certification questions don't specifically say "severance" - you have to report it under "other income" and then select "severance pay" from a dropdown menu. I almost messed this up! Also make sure to do your work search activities EVEN DURING SEVERANCE WEEKS! I didn't realize this and almost got disqualified because I wasn't keeping records of job applications during my severance period.

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Chloe Mitchell

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This is exactly the situation I'm about to be in! Thanks for the detailed breakdown. I didn't even think about the job search requirements during the severance period - that's a really good tip. Did you have any issues with the transition from $0 benefits to full benefits once your severance ended?

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Anyone know if vacation payout gets treated the same as severance? My company is closing too and they're paying out my unused vacation time along with severance

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Sophia Clark

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Yes! Vacation payout is also reportable to EDD as income, but it's usually just for the week you receive it (as a lump sum) rather than spread out like severance sometimes is. When I certified, there were separate options for reporting vacation pay vs severance pay.

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Michael Adams

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To answer your follow-up question - yes, your benefit year will still start from when you initially file, even if you receive $0 for several weeks due to severance. This is important because your benefit year lasts for 12 months from filing date, and you can claim up to 26 weeks of benefits within that year. One more thing: when reporting severance on your bi-weekly certification, you'll answer YES to the question "Did you receive any other type of income?" Then select "Severance Pay" from the dropdown menu and enter the amount for THAT CERTIFICATION PERIOD ONLY (not the total severance amount). If your severance is paid on the same schedule as your regular paychecks were (every two weeks, for example), it makes the reporting pretty straightforward.

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Chloe Mitchell

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Thank you for clarifying! That makes me feel better knowing my benefit year starts right away even if payments are delayed. And thanks for the detailed explanation about how to report the severance - I would have definitely been confused about whether to report the total or just the amount for that period.

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Noah Torres

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For your question about documentation - yes, I did have to provide proof of how my severance was calculated during my appeal. The EDD interviewer wanted to see the severance agreement showing it was based on years of service rather than being a "in lieu of notice" payment. I recommend keeping digital copies of: 1. Layoff notice/letter 2. Severance agreement or policy 3. Final paystub showing severance 4. Any email communications about the severance calculation Oh, and start gathering your employment information now to speed up the application process: exact start date, employer contact info, and your earnings for the past 18 months. The EDD application asks for a lot of information, and having it ready makes the process much smoother.

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Madison Allen

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I went thru this last yr they told me I wud get severanse but then they DIDNT PAY IT so watch out!!! get it in writing!!! companies lie all the time when closing!!

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Chloe Mitchell

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Oh wow, that's terrible! Did you have any recourse when they didn't pay the promised severance? I'm going to make sure to get everything in writing ASAP.

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Madison Allen

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had 2 file complaint with labor board took 4 months to get anything n they still shorted me. start keeping records of EVERYTHING they say about severanse

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Natalie Wang

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shuld i wait til my last day 2 file or can i file when i get the layoff notice??? confused

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Michael Adams

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You need to wait until after your last day of actual work to file for unemployment. Filing earlier will result in your claim being denied because you're still employed. You can prepare all your information in advance, but don't submit the application until after your final work day.

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