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Zoe Papanikolaou

Apply for ESD unemployment now or after severance pay ends? Husband just laid off

My husband got laid off today (company downsizing) and his employer is giving him 4 weeks of severance pay. I'm confused about when he should actually submit his unemployment application with ESD. Should he apply immediately even though he's receiving severance, or wait until after the 4-week severance period ends? I'm worried about making a mistake that might delay his benefits or create problems later. Has anyone dealt with severance pay and unemployment timing before? Any advice would be super appreciated!

Jamal Wilson

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He should apply RIGHT NOW. Don't wait! Severance pay doesn't disqualify him from applying, but it might affect when he starts receiving benefits. ESD needs to know about the severance when he files. There's often a processing delay anyway, so getting in the system ASAP is important. I waited to apply after my severance ended and regretted it - took almost 3 more weeks to get my first payment after that.

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Mei Lin

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Actually, it's more complicated than that. Severance is considered a payment for past services, not future weeks. Your husband needs to report the severance when he files, but ESD may not necessarily delay his benefits because of it. They look at when the work was performed, not when payment was received. Best to apply immediately and answer all questions honestly about the severance.

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apply now!! better 2 b in system even if benefits delayed. my bf waited & regretted. takes time 4 them 2 process anyway

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Thanks! I was worried about that. Do you know if he'll need any specific documentation about the severance agreement to upload when he applies?

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Amara Nnamani

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Here's the official answer: Your husband should apply immediately. The application date establishes his claim effective date, which is important. When he files, he'll need to report the severance pay. ESD will then determine if and how the severance affects his benefit payments. Severance pay in Washington is typically treated as payment for past services, not allocated to future weeks. This means it often doesn't delay the start of unemployment benefits. However, ESD will make the final determination. The important thing is to apply now and be completely transparent about the severance in the application process.

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Thank you so much for this clear explanation! We'll start his application tonight. Should he have any specific documentation ready about the severance?

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Amara Nnamani

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Yes, he should have documentation showing: 1. The total severance amount 2. When it will be paid (lump sum or regular payments) 3. The official termination letter/documentation Having these ready will help if ESD requests verification. He doesn't necessarily need to upload them with the initial application unless specifically prompted to do so.

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When I got laid off last year I had 6 weeks severance. I applied right away but then my claim got stuck in adjudication for like forever because of the severance question. ESD kept saying they needed to determine how to treat the payments. I couldn't get through to anyone on the phone for WEEKS. So frustrating!!

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NebulaNinja

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This happens a lot with severance cases. OP - when your husband applies, make sure he checks his ESD account DAILY and responds to any requests for information immediately. If his claim gets stuck in adjudication and you can't get through on the phones, try Claimyr (claimyr.com). They helped me get through to an actual ESD agent when my claim was stuck in adjudication for similar reasons. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me weeks of waiting and stress.

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I'm sorry, but some of the advice here is confusing me. I thought severance always delays benefits? When I got laid off in 2023, ESD told me my severance counted as wages for the weeks after my termination. Maybe different companies structure severance differently? Mine was officially called "wages in lieu of notice" though.

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Mei Lin

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That's exactly the issue - "wages in lieu of notice" are treated differently than "severance pay" by ESD. Wages in lieu of notice are allocated to weeks after termination, while severance is typically considered payment for past service. The terminology in the separation letter matters a lot. OP should make sure her husband understands exactly how his employer classified the payment.

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Wow, I had no idea there were so many nuances to this! The letter from HR just calls it "severance pay" and mentions it's for his years of service with the company. It will be paid as a lump sum on his final paycheck next week. Based on everyone's advice, we'll apply tonight and make sure to report the severance accurately. Thank you all so much!

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Jamal Wilson

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That's great! Just one more tip - make sure he does his weekly claims every week even if he's in adjudication or waiting for the first payment. Missing weekly claims can mess everything up.

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hey just curious what industry was ur husband in? lots of layoffs happening rn

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He was in software sales for a mid-sized tech company. They're cutting about 15% of staff nationwide. Seems like a lot of companies are doing this right now unfortunately.

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NebulaNinja

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One important detail nobody mentioned: when your husband files, make sure he lists his last day of WORK as his last day of employment, NOT the end date of his severance period. This is a common mistake that can cause problems. Also, if you run into issues with his claim (which is common with severance situations), be prepared for long wait times when calling ESD. I waited 3+ hours multiple times trying to resolve my severance-related adjudication.

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Thank you for this tip! His last day of work was today, so that's what we'll put down. I'm honestly dreading the potential phone issues based on what everyone is saying. Is it always this difficult to reach ESD?

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NebulaNinja

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Unfortunately, yes. ESD's phone system is notoriously difficult to navigate. If you do end up needing to call them, start early in the morning (right when they open), and be prepared to keep calling back if you get disconnected. The Claimyr service I mentioned earlier can help if you get desperate - it basically navigates the phone tree and waits on hold for you until there's an actual agent, then calls you to connect. Saved me hours of frustration.

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my brother had similar situation but his severance was actually called "garden leave" where he got paid but wasn't supposed to work anywhere else during that time... ESD counted that as employment and he couldn't get benefits until after... so terminology really matters!

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