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GalacticGuru

Can I collect Washington ESD unemployment benefits while receiving severance pay?

I just got laid off after 8 years with my company and they're giving me 12 weeks of severance pay. I want to file for unemployment right away but I'm not sure if the severance will affect my benefits or if I have to wait until it runs out. The severance comes out to about $1,800 per week which is more than what I'd get from unemployment anyway. Should I file now or wait? Does Washington ESD count severance as wages that would reduce my weekly benefit amount?

You can file immediately! Severance pay doesn't prevent you from filing for unemployment in Washington. The key thing is that you're actually unemployed and available for work. However, Washington ESD might reduce your weekly benefit amount depending on how the severance is structured and paid out.

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That's good to know! So I should go ahead and file even though I'm getting the severance?

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Yes, definitely file right away. There's a waiting week anyway, and you want to get your claim established. The worst thing that happens is they reduce some payments, but you'll still be in the system.

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The way Washington ESD handles severance depends on whether it's considered wages or not. If your employer is paying it out as regular payroll over 12 weeks, it might count as wages and reduce your UI benefits. If it's a lump sum or structured differently, it might not affect your benefits at all. You'll need to report it when you file your weekly claims.

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It's being paid out bi-weekly like my regular paycheck was. Does that mean they'll treat it like wages?

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Possibly, but not necessarily. Washington ESD looks at whether you're performing services for the pay. Since you're not working during the severance period, it might not count as wages. You'll need to report it and let them make the determination.

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This is confusing. I thought any money from your employer would disqualify you from unemployment benefits.

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I went through this exact situation last year. Filed immediately and Washington ESD didn't reduce my benefits at all because the severance wasn't considered wages - I wasn't performing any work for it. But I had to call them multiple times to get a clear answer because the online system kept asking confusing questions about it.

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How did you finally get through to someone? I've been trying to call Washington ESD but keep getting disconnected.

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I actually used this service called Claimyr that calls for you and gets you connected to a real person. Found it at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than spending hours on hold.

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wait so you can get unemployment AND severance at the same time? that seems like double dipping

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It's not double dipping if you're legitimately unemployed and available for work. Severance is usually compensation for past service, not payment for future work.

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i guess that makes sense. i always thought you had to choose one or the other

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The important thing is being honest about it when you file your weekly claims. Washington ESD will ask about any income you received, including severance. If you don't report it and they find out later, you could face an overpayment situation.

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Definitely don't want to deal with an overpayment issue. I'll make sure to report everything accurately.

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Good call. I got hit with an overpayment notice for not reporting some consulting income and it was a nightmare to sort out.

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This whole system is so confusing. Why can't Washington ESD just have clear guidelines about this stuff posted somewhere obvious?

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They do have guidelines, but every situation is different. Severance can be structured so many ways that they have to evaluate each case individually.

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I suppose that makes sense, but it's still frustrating when you're trying to figure out what to do.

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I would definitely file now. Even if the severance affects your benefits, you want to get your claim established and start the job search requirements. Plus, if your severance runs out before you find a job, you'll already be in the system.

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That's a good point about the job search requirements. I should probably start looking immediately anyway.

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Exactly. The job market is competitive right now, so the sooner you start, the better. And Washington ESD requires you to be actively searching anyway.

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Had a similar situation but with only 4 weeks severance. Washington ESD told me the severance didn't count as wages because I wasn't required to do any work for it. Got my full unemployment benefits alongside the severance payments.

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How long did it take them to make that determination? Did you have to provide any special documentation?

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It took about 2 weeks after I filed my first weekly claim. I had to provide a copy of my severance agreement that showed it wasn't tied to any work requirements.

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The key question Washington ESD asks is whether you're performing services for the severance pay. If it's just compensation for your years of service or to help with the transition, it usually won't affect your UI benefits. But if there are any strings attached like non-compete agreements or consulting work, that could change things.

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My severance agreement does have a non-compete clause but I'm not doing any work for them. Think that would be an issue?

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The non-compete shouldn't matter as long as you're not actually working. It's more about whether you're getting paid to provide services, not about restrictions on future employment.

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File immediately and be prepared to possibly have some benefits reduced initially while they sort it out. Washington ESD can always adjust things later if they determine the severance shouldn't count against your benefits. Better to have the claim active than to wait and lose time.

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Good advice. I think I'm overthinking this. I'll file tomorrow and deal with whatever happens.

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That's the right approach. The worst case is they reduce some payments temporarily, but you'll still be establishing your benefit year.

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Don't forget that even if you're getting severance, you still need to be available and actively searching for work to qualify for unemployment benefits. Washington ESD will expect you to be doing your job search activities regardless of the severance situation.

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Right, I need to make sure I'm meeting all the other requirements too. Thanks for the reminder.

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Yeah, the job search requirement doesn't go away just because you have severance. You'll still need to log your activities in WorkSourceWA.

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I'm in a similar boat but with only 6 weeks severance. Reading all this makes me feel better about filing. I was worried it would disqualify me completely.

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It definitely won't disqualify you completely. At worst, it might reduce some payments. File as soon as possible.

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Thanks! I'll get my application in this week.

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One thing to keep in mind is that Washington ESD might put your claim into adjudication if there are questions about the severance. This can delay your first payment while they review everything, so be patient if that happens.

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How long does adjudication usually take? I'm hoping to start getting benefits soon.

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It varies, but usually 2-4 weeks. They'll contact you if they need additional information about the severance arrangement.

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If you end up in adjudication and need to talk to someone, that Claimyr service I mentioned earlier really helps get through to agents faster than trying to call yourself.

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The unemployment office told my friend that lump sum severance payments are treated differently than ongoing severance payments. Since yours is spread out over 12 weeks, they might handle it differently than a one-time payment.

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Interesting. I wonder if that works for or against me in this case.

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It really depends on the specific terms of the severance agreement. Washington ESD looks at each situation individually.

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Whatever you do, make sure you report the severance accurately on your weekly claims. Even if you're not sure how they'll treat it, honesty is the best policy. I've seen people get in trouble for not reporting income they weren't sure about.

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Absolutely. I'd rather over-report than under-report and face problems later.

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Smart approach. Washington ESD is pretty good about working with people who are honest about their situations.

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Good luck with everything! Sounds like you're in a better position than most people who get laid off. Having that severance cushion should make the job search less stressful.

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Thanks! Yeah, I'm grateful for the severance. It definitely takes some pressure off while I look for something new.

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That's the whole point of severance really - to give you time to land on your feet. Sounds like your company did right by you.

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