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Owen Devar

If I get a severance can I get unemployment in California EDD?

Got laid off two weeks ago from my warehouse job and HR told me I'd be getting a severance package - about $3,800 paid out in one lump sum under the company's standard separation policy. I went ahead and filed with EDD right after my last day but now I'm second-guessing whether that was the right move. Someone at the warehouse told me the severance would cancel out my unemployment benefits entirely and I'd have to wait until it ran out before EDD would pay me anything. Is that actually true? I don't want to get myself into an overpayment situation by collecting UI while that money is sitting in my account. Has anyone dealt with this before?

Filed for unemployment last spring after getting laid off from my logistics job, and severance was the first thing I asked about too. The short answer is yes, you can file right away - the severance doesn't block you from opening a claim. EDD's own guidance treats severance paid under a company plan or policy differently from things like vacation pay or wages in lieu of notice. The way my EDD agent explained it, severance under a company plan isn't counted as wages for UI purposes, so it doesn't push back your start date or reduce your weekly payments. You still report it when you certify because EDD asks about all pay you received, but EDD makes the final call on how it affects your specific weeks. The key thing is don't wait to file - your claim week starts on the Sunday you apply, so every day you hold off is potentially a week you lose.

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That's exactly the reassurance I needed. So I report the lump sum on whichever certification covers the week I actually received it, and then EDD sorts out whether it affects that week?

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Pretty much, yes. Report it in the week you got paid, and EDD decides what it means for that week's benefit. The Report Wages option in UI Online lets you log earnings before you certify, which helps keep things straight.

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Came here to say the same thing - my severance was also a lump sum under a written company policy and EDD processed my payments normally. I reported it and everything went through fine.

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Severance pay situation from my own claim is what actually pushed me to phone EDD directly. The DE 429Z had arrived showing my weekly benefit amount but my first two weeks were sitting as Pending in Claim History and I had no idea if the severance was the reason. Used Claimyr (claimyr.com) to get a live EDD agent on the phone - it holds your place in the phone queue so you end up actually talking to someone instead of hitting a busy signal. The video explaining how to reach a live person at EDD is at https://youtu.be/JmuwXR7HA10. The agent pulled up my claim and told me the pending weeks were actually from an identity verification step, not the severance at all. Once ID.me was confirmed, those weeks processed. The severance I'd reported hadn't touched my payment amounts.

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ID verification was also something I had to do - I got the DE 1326C in the mail asking me to verify through ID.me. Took me about 20 minutes to do it on my phone. Good to know the severance wasn't what held up your weeks.

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Pending weeks after filing almost always seem to be identity verification, at least from what I've read on here. Glad you got through to an agent and got it sorted.

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The phone queue at EDD is brutal, so knowing there's a way to actually get through is useful. My claim had a totally different issue but I'm going to try that for my situation.

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Your coworker was mixing up two different things. Vacation pay and pay in lieu of notice - like if your employer pays you for two weeks instead of letting you work them out - those CAN affect your benefits for those specific weeks. Severance under a company separation plan is a different animal. EDD draws a clear line between them. So make sure when you're certifying that you know exactly what category each payment falls into, because they're not all treated the same way.

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Ah okay, so if my company had paid me for two unused vacation weeks on top of the severance I'd need to report those separately and they'd be treated differently?

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Yes, vacation pay and in-lieu-of-notice pay are both on EDD's list of wages to report, and EDD decides how they affect each week. Severance under a written policy is on the report list too but falls under different treatment. Just report everything honestly and let EDD sort it - that's really all you can do.

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This is a really important distinction that I feel like nobody ever explains clearly. The coworker advice is so often just wrong and people end up not filing when they absolutely should.

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Just to add a practical note on the certifying piece - when EDD asks during your certification whether you received any pay for the weeks you're claiming, you answer honestly about the severance. Don't skip it or guess. If you're unsure how to categorize something, the UI Online certification will walk you through the questions and there's a live chat available through the Help button on weekdays between 9 and 2 if you need a human to help you answer a specific question.

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Didn't realize the live chat was available through UI Online - I'll keep that in mind for when I do my first certification. When does that usually happen, like how long after I filed?

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Typically about two weeks after EDD processes your application. Your first certification usually covers the waiting week plus one paid week, so you'd be reporting on two weeks at once.

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The waiting week thing confused me for so long. You certify for it but you don't get paid for it - it's just the first week of your claim and it's always unpaid. After that your weekly benefit amount kicks in.

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So the waiting week is kind of like a deductible basically - you serve it and then you start getting paid. Got it.

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My situation was a little different - my severance was spread out over six weeks instead of a lump sum. I was nervous that EDD would treat each payment as a wage and reduce my benefit every week. What actually happened is I reported each installment as the certification asked, EDD reviewed it, and my payments came through without being reduced. I don't want to say that'll be everyone's result since EDD decides case by case, but the severance installments under my company's written plan didn't end up docking my weekly amount.

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This is good to know for people with structured payouts rather than lump sums. I had the same worry when I was laid off - kept thinking each installment would zero out my UI for that week.

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Yeah the anxiety around it was real. Just report it accurately and let EDD make the determination. That's honestly all you can control.

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Something worth flagging here - the waiting week is served once per claim and it doesn't eat into your total benefit amount. Your maximum benefit is 26 times your weekly amount or half your total base period wages, whichever is less, and the waiting week sits outside that calculation. So you're not losing a week of benefits, you're just not paid for that first week. Some people think the waiting week reduces what they're entitled to overall and that's not how it works.

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Wait I thought the waiting week DID reduce your total. So if my max benefit is say $11,000 I still get the full $11,000 over 26 paid weeks even though there's technically a 27th week at the start?

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Exactly right. The waiting week doesn't subtract from the total your claim can pay. It's unpaid but it doesn't shrink your maximum benefit amount. The 26 weeks of payments are on top of it.

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I had completely misunderstood this too - thought I was losing a week's worth of money. That's actually a relief.

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THREE WEEKS trying to get through to EDD on the phone before I finally got a live person. Hours of busy signals and disconnections. My question was similar - I had a small retention bonus paid out the week before my layoff and I genuinely didn't know if that counted as severance or wages. The frustration is real when you can't get a straight answer from anyone at EDD and the hold music just loops forever.

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The phone lines are genuinely awful. That's exactly why I went the Claimyr route for my own claim - ended up talking to an agent about my pending weeks instead of just giving up after the third disconnection.

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So the bonus situation - did you ever get it resolved? I reported it as a bonus and EDD hasn't flagged anything but I'm still a little anxious about it.

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Bonuses are on EDD's wages-to-report list, same as severance. Report it in the week it was earned, EDD decides how it affects that week if at all. You did the right thing by reporting it.

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CalJOBS registration is something people overlook in all the severance confusion. After you file, EDD typically requires you to register on caljobs.ca.gov and post a resume within 21 days of the date on your Notice of Requirement to Register (the DE 8405). Missing that deadline can actually stop your payments cold. So while you're sorting out the severance question, don't forget that piece of the puzzle.

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I haven't gotten the DE 8405 yet but I'll watch for it in my mail. Is CalJOBS registration something I can do before I get the notice just to be safe?

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Yes, you can go ahead and create your profile at caljobs.ca.gov and post your resume before the notice arrives. Getting it done early is better than scrambling close to the deadline.

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CalJOBS registration caught me off guard on my first claim. I didn't realize it was a separate requirement from the EDD application itself and my payments got held up for about a week until I completed it.

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EDD is supposed to tell you if you're exempt from the CalJOBS requirement. If you don't get the DE 8405 at all it might mean you're in an exempt category, but it's worth registering anyway to be safe.

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The base period piece sometimes surprises people with layoffs. Your weekly benefit amount is based on the highest-earning quarter in your base period - usually the first four of the last five completed calendar quarters before you filed. The severance doesn't change that calculation at all because it's not counted as wages for UI. So your weekly amount is whatever it would have been based purely on what you earned while actually working.

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My highest quarter was probably Q3 of this year when we had mandatory overtime for about six weeks. Does that mean my weekly amount should be relatively decent compared to a normal quarter?

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EDD's Unemployment Benefit Calculator on its site can give you an estimate based on your quarterly wages before the DE 429Z arrives. Worth running the numbers so you know what to expect.

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The alternate base period also exists - EDD automatically uses it if the standard base period doesn't give you enough wages to qualify. It uses the four most recent completed quarters instead. Something to know if your overtime-heavy quarter was very recent.

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My HR told me the same thing yours told you - 'you can't collect unemployment while you're getting severance.' HR at my old company said this like it was a fact. I filed anyway, reported the severance, and got paid without any issue. HR knows company policy but they're not always up to speed on how EDD actually handles things.

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Yeah that tracks. The person who told me was a coworker, not even HR, so the information was definitely secondhand. Good to hear from someone who went through it firsthand.

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Definitely file right away. Every day you wait is a day your benefit year doesn't start and you can't get those weeks back once they've passed.

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Can I ask a related question - what about vacation pay that gets paid out when you're terminated? My company pays out whatever unused vacation you have accrued. Is that the same as severance or does it fall into the category that affects your benefits?

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Vacation payout on termination is on EDD's list of wages to report and it's treated differently from severance under a company plan. EDD decides how it affects the specific weeks it covers. Report it honestly when you certify and let EDD make the determination - nobody here can tell you exactly how it'll land on your claim.

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Okay so I should report it and not assume it'll be fine the way severance might be. Got it, I'll report it and see what EDD decides.

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Always better to report and have EDD reduce a week than to not report and face an overpayment notice later. The penalty for a fraud overpayment is way worse than a small reduction in one week's payment.

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The overpayment concern in the original post is a real one to take seriously. EDD can send a Notice of Overpayment if they determine you were paid benefits you weren't entitled to. If it wasn't your fault and wasn't fraud you don't get penalized beyond having to repay it, but if they classify it as fraud there's a 30 percent penalty on top of repayment and potentially a false statement disqualification. The way to protect yourself is just to report everything the certification asks about, accurately.

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That false statement disqualification sounds terrifying. So if I report everything honestly and EDD decides the severance doesn't affect my payments, I'm protected even if someone later argues I shouldn't have been paid?

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Honest and accurate reporting is your protection. If EDD pays you after you've reported everything truthfully, an overpayment that results from that wouldn't be classified as fraud. You've done your part.

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There's also the overpayment waiver option if you ever do get a notice - you can apply for a waiver using the DE 1446UI form if the overpayment wasn't your fault and repaying it would be a genuine hardship. Not a guaranteed thing but it's available.

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Went through a layoff at my company about six months ago and the severance question was my first call to EDD. Actually ended up talking to an agent through Claimyr after the regular phone line kept dropping me. The agent confirmed my claim was open and moving normally - the two weeks of pending in my Claim History were waiting on my CalJOBS registration, not anything to do with the $4,200 severance I'd reported. Got that cleared up the same day I phoned.

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Two separate things in one call - the pending status and the severance question. That's exactly the kind of clarity I'd want. CalJOBS being the hold-up makes sense given what someone else mentioned earlier in this thread.

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Yeah it turned out to be simple once I got someone on the phone. The CalJOBS registration took me maybe 15 minutes once I actually did it and the pending weeks resolved quickly after.

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Direct deposit setup is worth doing sooner rather than later if you haven't. EDD defaults to the Money Network prepaid debit card but you can switch to direct deposit in myEDD. Payments often post within about 24 hours of certifying online, whichever option you use - the speed difference between the card and direct deposit isn't something anyone seems to have figured out definitively, so just pick whatever works for you.

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I set up direct deposit when I first applied. Assuming the severance situation resolves cleanly, how soon after my first certification should I expect to see the first payment?

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About 24 hours after you certify online if everything is processed and no issues are flagged. Payment status updates daily in UI Online under Payments, and you can also check the 1-866-333-4606 line which runs 24 hours a day.

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My brother-in-law kept telling me to wait until my severance 'ran out' before filing and I almost listened to him. Would have lost weeks I can never get back. File immediately, report everything, let EDD do its job. That's genuinely the whole answer.

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The 'wait until it runs out' advice is so common and so wrong. The claim starts on the Sunday you apply - nothing about receiving severance changes that start date.

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Exactly. And the benefit year only lasts 52 weeks from when you file. Every week you delay filing is a week you're burning off your benefit year with nothing to show for it.

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Medi-Cal and Covered California are worth looking into if your employer-sponsored health coverage is ending with the layoff. COBRA is an option too if you want to keep your exact current plan. EDD's website actually has a list of programs for people on unemployment and it includes health coverage options. Just something to have on your radar alongside the severance question.

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I'm going to lose my health coverage at end of next month so this is actually timely. I'll look into Covered California - didn't realize EDD's site linked to those resources.

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BenefitsCal is the portal for Medi-Cal in your county. Covered California is for marketplace plans. Both are worth checking given your income is about to change significantly. The 2-1-1 line can also point you to local resources if you need help figuring out what you qualify for.

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Phone interview timing is worth knowing about if EDD opens an issue on your claim. If there's any question about your separation - even if it was clearly a layoff - EDD might schedule a phone interview to verify details. The notice is the DE 4800 and it'll have a date and time on it. The interview time also shows on your UI Online homepage. Keep your phone with you at that exact time because the interviewer phones then - if you miss it, phone EDD that same day or EDD will decide based on whatever information it already has.

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My layoff was part of a company-wide reduction so I'm hoping there's no question about the reason, but good to know to watch for the DE 4800 just in case.

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Straightforward layoffs usually don't trigger an interview but it's not guaranteed. If EDD does schedule one it doesn't mean anything bad is happening - it's just them verifying the facts of the separation with both you and your former employer.

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EDD also notifies the last employer when a claim is filed, and the employer has about 10 days to respond. If the employer's account of the separation matches yours there's usually no issue.

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Last thing that might be useful - the DE 429Z that arrives in the mail shows your weekly benefit amount and your maximum benefit amount. If anything on it looks wrong, like a weekly amount that seems way too low based on what you were earning, you have 30 days from the mailing date to appeal it in writing. The DE 429Z isn't an approval of your claim - it's just the financial picture of what your claim can pay if you're determined eligible. Some people mistake it for a final approval and stop watching their claim status, which can cause them to miss things.

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Good to know it's not the final word on eligibility. So I could get the DE 429Z with a reasonable weekly amount and still have my actual eligibility decided separately through the process?

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Correct. EDD determines eligibility separately from the benefit amount calculation. The DE 429Z just tells you the financial framework. Actual payments start after you've certified and EDD has decided you qualify for the weeks you're claiming.

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And if EDD decides you don't qualify for some weeks they mail a Notice of Determination with an Appeal Form. You'd have 30 days from that mailing date to appeal if you disagree with the decision.

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The separation between the financial notice and the eligibility decision is something that confuses a lot of people on their first claim. The DE 429Z coming in the mail feels like an approval because it has your name and a dollar amount on it.

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