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Zoe Alexopoulos

Laid off with severance offer - Can I collect EDD unemployment while receiving severance?

So my tech company just went through another round of layoffs (thanks economy 🙄) and they're offering me a 6-week severance package. I've never been in this situation before and I'm totally confused about how this works with EDD unemployment benefits. Can I apply for unemployment while receiving severance? Do I have to wait until the severance period ends? Does the severance amount affect my weekly benefit amount? I need to make a decision about the severance offer by next Friday and I'm trying to budget how much income I'll actually have. Anyone navigate this severance/unemployment combo successfully?

Jamal Carter

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I went through this last year. You CAN apply for unemployment immediately after your last day of work, but you have to report the severance pay when you certify. The severance will delay when your benefits start but won't disqualify you completely. On your certification, EDD will ask if you received any income, and you'll need to report the severance in the week you receive it (not when it was earned). Your UI benefits will be reduced or eliminated for those weeks depending on the amount. After your severance period ends, you'll get your regular UI amount. Make sure you clarify with your employer exactly WHEN the severance will be paid - lump sum or spread out - as that affects how you report it.

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Thank you! So if I take the lump sum option they're offering (vs. bi-weekly payments over 6 weeks), does that mean I'd just report it all in one week and potentially get UI the very next week? That seems almost too good to be true compared to having benefits delayed for all 6 weeks.

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Mei Liu

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When i got layed off i got a sevrence but didnt tell EDD about it and still got my full benifits. They never found out and it was fine. just saying

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Jamal Carter

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This is terrible advice. EDD regularly cross-references with tax records and employer reporting. When (not if) they discover unreported income, you'll face an overpayment notice plus penalties, and potentially fraud charges. Not worth risking your financial future over.

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I AM GOING THROUGH THIS RIGHT NOW and EDD is a NIGHTMARE!!!! I reported my severance honestly when I certified and they completely STOPPED my benefits for 6 weeks even though my severance was only for 4 weeks of pay!! Now I'm calling them DAILY trying to get this fixed and CAN'T GET THROUGH!! The system is BROKEN and punishes people for being honest. Should've just taken the money and not said anything like everyone else does.

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Amara Nwosu

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Have you tried using Claimyr to get through to an EDD rep? I was in the same frustrating situation last month - calling for hours and never getting past the recording. I used claimyr.com and they got me connected to an actual EDD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Totally worth it - the agent fixed my severance reporting issue right on the call.

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AstroExplorer

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There's a specific way severance impacts UI benefits in California: 1. Severance is considered "wages in lieu of notice" by EDD 2. You must report it during certification for the week(s) you receive payment 3. If your severance exceeds your weekly benefit amount, you'll receive $0 for that week 4. If it's less than your weekly benefit, you'll receive a partial payment 5. This does NOT reduce your total benefit amount - just delays when you can access it Make sure your severance letter clearly specifies the payment is severance/wages in lieu of notice, not vacation payout or something else, as different types of final pay are treated differently by EDD.

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This is really helpful, thank you! The HR paperwork says "severance pay in lieu of notice" so I think I'm good there. Do you know if I need to have the actual official termination letter from HR before I can file with EDD, or can I apply as soon as my last day happens?

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my cousin got laid off from Amazon and had the same thing happen. u def need to apply for ui right away don't wait! the severance gets reported but when his ran out the ui kicked in automatically. the system knows when ur eligible cuz they see the reported earnings each week. he said make sure u certify every 2 weeks even if ur getting $0 otherwise ur claim can get messed up.

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Yes! This is the part people miss - you MUST continue certifying every two weeks even when receiving $0 due to severance. If you stop certifying, your claim can go inactive and cause all kinds of problems. Keep certifying and reporting income accurately.

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Mei Liu

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wait does this apply to bonuses too?? I got a retention bonus when my company was going under but I was still laid off lol

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Jamal Carter

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Yes, bonuses need to be reported too. Any income received during the weeks you're certifying for unemployment needs to be reported. The type of income (bonus, severance, part-time work, etc.) matters for how EDD calculates its impact, but all income must be reported.

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OK so based on everyone's advice, it sounds like I should: 1. Take the severance package (duh) 2. File for unemployment immediately after my last day 3. Report the severance honestly when certifying 4. Keep certifying EVERY week even if I'm getting $0 during the severance period 5. Once severance runs out, benefits should kick in automatically as long as I've kept certifying Does that sound right? Thank you all for the help - this has been so confusing!

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AstroExplorer

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That's exactly right. And remember that you certify every two weeks, not weekly. The only thing I'd add is to make sure you're fulfilling all work search requirements during this time too - EDD can check this later. You need to be documenting at least 3 job search activities per week, even during weeks when your benefits are $0 due to severance reporting.

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Just wanted to add one more tip that saved me a lot of hassle - when you're reporting your severance during certification, EDD will ask for the EXACT dates you received the payment, not when it was earned. So if you get laid off on March 15th but receive your lump sum severance on March 20th, you report it for the week containing March 20th. I made the mistake of reporting it for my termination week initially and it created a mess that took weeks to sort out with EDD. Keep documentation of when payments actually hit your bank account!

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Dylan Cooper

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This is such a crucial detail that I wish EDD made clearer! I'm definitely going to keep detailed records of when the severance actually hits my account vs my termination date. Did you have to provide bank statements or other proof to EDD when you were sorting out the mess, or was it just a matter of calling and explaining the correct dates?

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One thing I learned the hard way - if your company offers you the choice between lump sum or installment payments for severance, consider how it might affect your cash flow. I took the lump sum thinking it would be better, but it completely wiped out my UI benefits for like 3 weeks straight since my severance was pretty substantial. In hindsight, spreading it out over 6 weeks might have been smarter because I could have gotten partial UI payments during some of those weeks. Just something to think about when you're weighing your options!

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Freya Thomsen

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That's a really smart point about cash flow planning! I hadn't thought about how the lump sum could completely zero out benefits for multiple weeks if it's a large amount. Since I'm still deciding between lump sum vs. installments, this helps me think through the math. If my severance works out to more than my weekly UI benefit amount, spreading it out might actually give me some income every week rather than feast-or-famine. Did you end up having any issues with EDD when your lump sum finally got processed, or did everything go smoothly once the severance weeks were over?

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Marcus Marsh

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One more thing to consider - check if your severance package includes continuation of health benefits (COBRA) and how that timing works with your unemployment application. When I was laid off last year, my health insurance was tied to my severance period, so I had coverage during those 6 weeks but then had to figure out COBRA vs. getting on Covered California quickly. EDD doesn't affect your health insurance directly, but the timing of when your benefits kick in can impact your overall financial planning. Also, some people don't realize that if you find a new job during your severance period, you might need to pay back some of the severance depending on your agreement - definitely read the fine print!

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Owen Devar

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Great point about health insurance timing! I'm actually dealing with this exact situation right now. My severance includes COBRA coverage for the 6 weeks, but I'm worried about that gap between when severance ends and unemployment potentially kicks in. Did you have any issues with the transition from employer-covered COBRA to needing your own coverage? And regarding the job search requirement - if I find a job during the severance period but before UI benefits start, do I still need to notify EDD even though I haven't received any UI payments yet?

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Carmen Lopez

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Something I wish someone had told me when I went through this - keep ALL your documentation organized from day one! I'm talking severance agreement, termination letter, pay stubs showing your last regular paycheck vs severance payment, bank deposit records, everything. When EDD inevitably has questions or if there's any confusion in their system, having that paper trail ready makes resolving issues SO much faster. I spent hours on hold with EDD trying to explain my situation without proper documentation the first time. Also, screenshot your EDD account after each certification showing exactly what you reported - I've heard of cases where people's reported amounts somehow got entered incorrectly in the system. Better to have the proof and not need it than be scrambling later when you're already stressed about finding work.

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QuantumQuasar

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This is such solid advice! I'm definitely going to create a dedicated folder for all this paperwork right from the start. Quick question - when you screenshot your EDD certifications, do you also keep records of the confirmation emails/numbers they send after each submission? I'm wondering if those would be helpful too in case there are any disputes about what was reported and when. Also, did you find it useful to keep a simple spreadsheet tracking your certification dates, amounts reported, and any correspondence with EDD? I'm trying to set up a system now before I even file so I don't get overwhelmed later.

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Grace Durand

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This thread is incredibly helpful! I just wanted to add something that might help with the timing confusion - when I was laid off from my startup last year, I called EDD's customer service line BEFORE filing my claim to ask specifically about my severance situation. Even though it took forever to get through, the rep walked me through exactly how to report my severance and what to expect week by week. She even noted my account so if I had issues later, there would be a record of the guidance I received. It was worth the wait because I avoided a lot of the confusion others have mentioned. Also, she told me that tech companies sometimes structure severance in ways that can be tricky to report, so having that conversation upfront helped me ask my HR team the right questions about payment timing and categorization. Definitely recommend this approach if you can get through to someone!

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Madison Allen

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That's brilliant advice about calling EDD beforehand! I never would have thought to do that, but it makes so much sense to get their guidance documented in your account before you start the process. I'm definitely going to try this approach - did you have any specific questions ready when you called, or did you just explain your severance situation and let them guide you? Also, when you mentioned tech companies structuring severance in tricky ways, what kinds of things should I be asking HR to clarify? I want to make sure I'm getting all the details I need before I have to make this decision by Friday.

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