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EDD unemployment after severance - can I file when layoff payments end?

I just found out my company is restructuring and I'm being laid off in a weird way. They're keeping me on payroll with regular pay until the end of March 2025, then offering a severance package after that. I'm trying to plan ahead since I have mortgage payments and two kids in college. My questions: 1. Can I apply for UI benefits once my regular paychecks stop in March, or do I have to wait until after I receive the severance package? 2. Will the severance amount reduce my weekly benefit amount or just delay when I can start collecting? 3. Does it matter if I accept the severance as a lump sum or spread out payments? I've never been on unemployment before and I'm honestly confused about the timing here. Any advice would be really appreciated!

Sean Murphy

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I went through something similar last year. You CAN file for UI as soon as your regular paychecks stop - don't wait until after severance. The severance package will affect your benefits though. EDD considers severance as "wages" if it's paid out periodically, which can reduce your weekly benefit amount during those weeks. If it's a lump sum, it's typically allocated to the week you receive it. My advice: File immediately after your last regular paycheck. Be 100% honest about the severance when you certify. EDD will adjust your benefits accordingly.

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Anastasia Popov

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That makes sense, thanks! Do you think it's better to take the severance as a lump sum then? I'd rather get full UI benefits for more weeks instead of reduced benefits over a longer period.

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Zara Khan

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The advice above isn't completely accurate. How EDD treats severance depends on how it's characterized by your employer. If it's designated as "severance pay" rather than "continuation of wages," it won't reduce your weekly benefit amount, but if it's characterized as wages, then yes, it will affect your benefits. Also, it DOES matter whether you take lump sum vs. installments. Lump sum is usually better because EDD often only counts it against the week you receive it. With installments, each payment can reduce your benefits for multiple weeks. Make sure to report any severance when you certify for benefits and indicate the specific week you received it. EDD will decide how to treat it based on how your employer reported it.

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Luca Ferrari

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this is right!! my severance was called a "goodwill payment" in my exit papers and EDD didnt count it against my benefits at all. its all about how HR classifies it

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Nia Davis

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I suggest calling EDD directly to get a definitive answer for your specific situation. With severance packages, the details really matter, and general advice might not apply perfectly to your case. Of course, reaching EDD by phone can be nearly impossible sometimes. I recently discovered a service called Claimyr that helped me get through to an EDD representative in less than 20 minutes after I tried for days on my own. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km They basically call EDD for you and connect you when they get through. Really helped when I needed clarification on my severance situation.

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Sean Murphy

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I've heard about this service but wasn't sure if it actually worked. Did you find the EDD rep was able to give you clear information about your severance situation?

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Mateo Martinez

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THIS IS WHY THE SYSTEM IS SO FRUSTRATING!!! Everyone gets different answers depending on who you talk to at EDD!! I got totally screwed on my claim last year because nobody told me my severance would count as wages!!! I had to pay back $2,400 in "overpayments" even though I reported everything honestly. The EDD website is USELESS on explaining this clearly!!

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QuantumQueen

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same! the whole system is designed to confuse people then punish them for making mistakes

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Aisha Rahman

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are u sure ur actually being laid off? sounds like they might be just transitioning u to a different role or something. my company did something similar where they said i was being laid off but they kept me on payroll for 3 months and then offered me a different position with less pay. if they're keeping u on payroll you might not qualify for ui yet.

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Anastasia Popov

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No, it's definitely a layoff. They're shutting down our entire department and outsourcing the work. The extended payroll period is just part of the package they're offering because our company has a policy of 60-day notice periods for layoffs.

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Sean Murphy

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I used that Claimyr service the other commenter mentioned when I was dealing with my severance situation. They got me through to an EDD rep who explained that for my specific case, the severance wouldn't count against my benefits because of how my employer classified it. Not sure if that will be the same for you, but talking to EDD directly was the only way I got a clear answer.

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Anastasia Popov

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I think I'm going to have to do this. Thanks everyone for the advice! I'll call EDD directly to get clarity on my specific situation rather than trying to guess how they'll handle my severance.

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Luca Ferrari

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just make sure ur honest on ur application!! thats the most important thing. dont try to hide the severance or theyll come after u for fraud. my cousin did that and now owes like $8k in penalties 😬

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Zara Khan

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This is extremely important advice. EDD has sophisticated cross-matching with employer payroll records, and they will eventually catch any unreported income. Penalties for intentional misreporting can include a 30% penalty on the overpayment amount plus potential disqualification from future benefits.

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QuantumQueen

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i had something kinda similar happen with my job at target last year we all got "transition pay" for 6 weeks after they closed our store and i was able to get ui after that ended but the lady at edd told me id have to report any severance when i certified and they might reduce my weekly amount depending on how much i got

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Mateo Martinez

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And did they actually reduce it? Or were they just saying that to scare you? I swear half the time they don't even know their own rules!

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QuantumQueen

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they did reduce it for the week i got the payout but after that it went back to normal so it wasn't too bad

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Zara Khan

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To clarify a few points based on the discussion: 1. You can and should file for UI immediately after your regular paychecks end in March 2025. 2. How your severance affects your benefits depends on: - How your employer classifies and reports it - Whether it's a lump sum or installments - The specific language in your severance agreement 3. When you file, you'll need to report the severance package. Be prepared to provide your severance agreement documentation if requested. 4. Most importantly, be completely truthful in your application and certification. Misreporting, even accidentally, can lead to overpayment demands and penalties. Given the complexity of your situation, speaking directly with an EDD representative is your best course of action.

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Anastasia Popov

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Thank you so much for this clear summary! I'm going to ask HR for the exact wording of how the severance will be classified before I file. And I'll definitely be honest about everything - not worth the risk of penalties down the road.

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