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Jamal Wilson

Will my severance package disqualify me from EDD benefits in 2025?

I got laid off last week after 6 years at the same company. They're giving me a severance package of about $12,000 (8 weeks pay). I'm planning to apply for unemployment right away, but I'm confused about how this severance payment affects my EDD benefits. Do I have to wait until the severance period is over to start collecting unemployment? Or should I apply now and report the severance? The HR paperwork is really vague about this, and I'm worried about accidentally committing fraud or delaying my benefits. Has anyone dealt with severance pay while on unemployment in California?

Mei Lin

Severance pay absolutely affects your unemployment benefits in California. You need to report it when you file your initial claim. The EDD will likely consider your severance as wages for the period it covers (8 weeks in your case), which means you may not be eligible to receive unemployment benefits until after that period ends. However, you should still apply immediately! Don't wait until your severance runs out to start the claim process. The EDD will determine when your benefits can begin after reviewing all your information.

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Thanks for the info! So I should apply right now even though I probably won't get benefits for 8 weeks? Will the claim process be paused or will I still need to certify every two weeks during this waiting period?

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The rules on this keep chnaging!! I went thru this in 2023 and my severance DID count against my benefits. But then my friend just went thru it 3 months ago and EDD told her severance is NOT considered wages anymore! So much conflicting info out there. When you apply make sure to answer everything 100% accurately about the severance on your application... they might ask u if its a continuation of wages or a lump sum, that matters.

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That's so confusing! My severance is coming as a lump sum payment. I wonder if that makes a difference versus getting it spread out over weeks like regular paychecks would be.

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when i got laid off i just waited till my severance ran out to apply cuz i didnt want the hassle

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Mei Lin

This is actually not the best approach! You should always file for unemployment immediately after separation from your employer. The EDD can backdate claims, but there are time limits, and waiting too long could mean losing benefits you'd otherwise be entitled to. Apply right away, report your severance honestly, and let EDD determine when your benefits should start.

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I went through this exact situation in January. Here's what happens: Your severance will be allocated over the period it covers (8 weeks in your case). During that time, you'll be considered "employed" for unemployment purposes. You should apply immediately, but understand that your claim will likely be approved with benefits beginning after the severance period ends. You'll still need to certify every two weeks during this period, reporting your severance income. On the certification form where it asks if you received other income, select "yes" and choose "severance" from the dropdown. Enter the amount for that certification period. You'll likely be found ineligible for those weeks, but once your severance period ends, your benefits should begin automatically if you keep certifying. Don't wait to apply - get your claim established now so there's no gap between your severance ending and benefits beginning.

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This is exactly what I needed to know, thank you! So I'll apply now but still have to do all the certifications every two weeks even though I won't get paid until the severance period is over. At least that means there won't be a gap where I'm waiting for approval after my severance runs out.

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EDD IS TERRIBLE!!! They counted my severance against me and it took FOREVER to actually get benefits. Applied in February and didn't see a single dollar until MAY even though my severance only covered 4 weeks!!! The system is broken!

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I had a similar experience last year but finally got through to a rep who fixed everything after weeks of trying. Have you tried using Claimyr? I was desperate after calling EDD 20+ times and never getting through. Claimyr got me connected to an actual EDD agent in about 30 minutes who resolved my severance issue. Their site is claimyr.com and they have a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It was the only way I could talk to someone without spending days redialing.

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No I never heard of that before! I just kept calling over and over again and finally got through after like a hundred tries. Wish I'd known about that service, would've saved me so much frustration

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I think there's some confusion in this thread about how severance works with EDD. Severance is considered WAGES by EDD if it's a continuation of your regular pay. If it's a lump sum payment for signing a release/settlement, it might not affect your benefits the same way. It really depends on how your employer classified and reported it. From my understanding (and I went through this in 2024), here's what happens: 1. Apply immediately after separation 2. Report your severance payment fully 3. If your severance is considered wages, EDD will determine you're not unemployed until that period ends 4. Keep certifying every two weeks, reporting any income 5. Once your severance period ends, you'll start receiving benefits if you continue to certify The most important thing is to be 100% honest about everything. If you try to game the system by not reporting severance, you could end up with an overpayment notice and penalties down the road when they catch it (and they usually do).

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Thank you! This makes a lot of sense. I'm definitely going to report everything accurately - the last thing I want is to have to pay back benefits or deal with fraud accusations. I'll just have to budget carefully knowing that there will likely be a gap between my severance ending and unemployment kicking in.

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Actually, if you keep certifying during your severance period, there should be minimal gap. Your benefits would start the first week you're eligible after the severance ends. That's why it's so important to apply right away and keep up with certifications, even when you know you'll be disqualified for those specific weeks.

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lol at everyone trying to sound like experts here... the truth is EDD changes their rules all the time and nobody really knows for sure. when i applied the lady on the phone told me one thing then the decision was something else entirely 🤷‍♂️

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While there can be inconsistencies with EDD representatives, the fundamental rules about severance are fairly established in California law. The confusion usually comes from different types of separation packages being classified differently. True, the implementation isn't always consistent, but the baseline rules about reporting severance haven't changed significantly in recent years.

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Thank you everyone for the helpful advice! Just to update - I went ahead and applied today, reported my severance payment, and got a confirmation number. The online system asked me specifically about severance and I disclosed the full amount. Now I just wait for them to process my application and will keep certifying every two weeks as advised. I'll update this thread once I find out exactly how they handled my situation in case it helps someone else in the future.

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Mei Lin

Great approach! You did exactly the right thing. Keep us posted on how it goes.

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Smart move applying right away and being upfront about the severance! I went through something similar last year and the key thing is that EDD will send you a determination letter explaining exactly how they're handling your severance - whether it's considered wages that delay your benefits or if there are any other factors they're considering. Make sure to keep all your paperwork from your employer about the severance package, especially anything that shows whether it's continuation of wages vs. a lump sum settlement. The waiting is the hardest part, but you're doing everything right by staying transparent and keeping up with certifications. Looking forward to your update!

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This is really helpful advice! I didn't even think about keeping all the paperwork from my employer about the severance package. I'll make sure to save everything they gave me about whether it's considered continuation of wages or a lump sum. That determination letter sounds like it will be key to understanding exactly what my timeline will look like. Thanks for the encouragement - it's nerve-wracking waiting to hear back, but at least I know I'm handling it the right way by being transparent from the start.

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One thing I'll add that might help - when you get your determination letter from EDD, pay close attention to the "benefit year" dates they establish. Even though your severance might delay when you can start collecting benefits, your benefit year clock starts ticking from when you first file the claim. This is important because you only have one year to collect all your eligible benefits. So filing early (like you did) protects you from losing potential weeks of benefits at the end of your benefit year. Also, if you have any questions about their determination, you have the right to appeal within 30 days of receiving the letter. Good luck with everything!

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This is such an important point about the benefit year that I didn't realize! So even though I might not collect benefits for the first 8 weeks due to severance, those weeks don't just disappear - I still have the full year to collect everything I'm entitled to? That makes me feel a lot better about filing right away instead of waiting. I'll definitely keep an eye out for that determination letter and make sure I understand all the dates they set. Thanks for mentioning the appeal option too - good to know I have recourse if something doesn't look right.

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Just wanted to share my recent experience since it's so relevant to your situation! I was laid off in December 2024 with a 6-week severance package and went through this exact process. Like everyone advised, I applied immediately and reported my severance honestly. EDD sent me a determination letter about 3 weeks later explaining that my severance counted as wages for the 6-week period, so I wouldn't receive benefits until after that period ended. I kept certifying every two weeks during the severance period (marking "yes" for other income and selecting severance), and sure enough, as soon as my severance period ended, my benefits kicked in automatically. The whole process was actually smoother than I expected once I understood what to expect. The key really is applying right away and being completely transparent about everything. You're definitely on the right track!

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This is exactly the kind of real-world example I was hoping to hear! It's reassuring to know that the process actually worked smoothly for someone who went through it recently. I was worried there might be some gap or delay between my severance ending and benefits starting, but it sounds like if I keep up with the certifications, it should transition automatically. Did you have to do anything special when your severance period ended, or did EDD just automatically start approving your certifications once that 6-week period was over? Also, how long did it take to actually receive your first payment after becoming eligible?

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