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Carmen Lopez

Can you collect unemployment if you accept a severance package in Washington?

My company is offering voluntary layoffs with a severance package that equals about 8 weeks of pay. I'm considering taking it since they're hinting more layoffs are coming anyway. But I'm worried - if I accept the severance, will Washington ESD deny my unemployment claim? The HR person couldn't give me a straight answer about how this affects UI benefits. Has anyone dealt with this situation before? I need to decide by Friday and don't want to screw myself out of unemployment benefits.

You can still collect unemployment after accepting a severance package in Washington, but there are some rules. The key thing is whether you're considered to have voluntarily quit or been involuntarily separated. If it's part of a layoff program, Washington ESD usually treats it as involuntary separation.

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That's what I was hoping to hear! Do you know if there's a waiting period or if the severance affects the weekly benefit amount?

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The severance shouldn't affect your weekly benefit calculation, but you might have to wait until the severance period ends before benefits start. Like if you get 8 weeks severance, you might not be eligible until after those 8 weeks.

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I went through this exact situation last year. Took a voluntary severance package when my company was downsizing. Washington ESD approved my claim without any issues. The important thing is to be completely honest on your application about the circumstances - mention it was part of a company layoff program, not that you just decided to quit.

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Did you have to wait for your severance to run out before unemployment kicked in?

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No, actually my benefits started right away. I think it depends on how the severance is structured. Mine was a lump sum, not weekly payments, so there was no overlap issue.

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Be careful here - I've heard of people getting denied because Washington ESD said they voluntarily quit when they accepted severance. You might want to talk to an actual ESD representative before making this decision. I had to use Claimyr.com to get through to someone when I had questions about my claim status. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks for the warning. I definitely don't want to risk it without getting official confirmation first.

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What's Claimyr? Is that some kind of service to help contact Washington ESD?

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Yeah, it helps you get through to actual ESD agents on the phone. Way better than sitting on hold for hours or getting hung up on.

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Mei Lin

The devil is in the details with severance packages. Washington ESD will look at whether you had a choice and what the company's documentation says. If they're calling it a 'voluntary' program but everyone knows layoffs are coming anyway, that's different than just deciding to leave on your own.

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The paperwork does say 'voluntary separation' which is making me nervous now.

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Mei Lin

That might be a red flag. You should definitely get clarification from Washington ESD before signing anything.

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this happened to me 2 years ago took the severance and filed for unemployment right after. no problems at all. washington esd processed it normally. just make sure u report the severance income when u file ur weekly claims

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Good to know! How did you report the severance on the weekly claims?

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there's a section for other income when u do ur weekly claim online. just put the amount there

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I should clarify something from my earlier comment - the timing of when benefits start can vary. If your severance is paid as a lump sum, benefits typically start right away. If it's paid out over time (like continuing your regular paycheck for 8 weeks), then you usually can't collect UI until those payments end.

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Mine would be a lump sum payment, so that sounds promising.

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Even with lump sum, some people still have waiting periods. Washington ESD can be unpredictable about this stuff.

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I'm dealing with something similar right now. My company is offering early retirement packages and I'm trying to figure out if I can bridge to Medicare with unemployment benefits. The whole system is so confusing!

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Early retirement is usually treated differently than layoff severance. You'd probably need to check the specific terms of your package.

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Yeah I figured it might be different. Guess I need to call Washington ESD too.

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Don't trust HR departments to give accurate info about unemployment benefits. They're not experts in Washington ESD rules and sometimes they don't want people filing for UI because it affects their unemployment insurance rates.

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That's a good point. I was wondering why she seemed so vague about it.

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Mei Lin

Exactly. HR's job is to protect the company, not necessarily give you the best advice for your situation.

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One more thing to consider - even if you're eligible for unemployment after the severance, your job search requirements still apply. You'll need to be actively looking for work and meeting Washington ESD's job search requirements to keep getting benefits.

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Good reminder. I was planning to take a few weeks off but I guess I'll need to start job hunting right away.

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Yeah, the job search requirements are pretty strict now. You need to keep a log of your activities and everything.

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For what it's worth, when I used Claimyr to talk to an Washington ESD agent about my claim issues, they were actually really helpful in explaining the rules clearly. Much better than trying to figure it out from the website or automated messages.

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How much does that service cost? I've been trying to get through to ESD for weeks about my adjudication issue.

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It's worth it just to get actual answers instead of guessing. Check out their site at claimyr.com for more info.

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MAKE SURE YOU GET EVERYTHING IN WRITING FROM YOUR EMPLOYER. I cannot stress this enough. If they're saying it's part of a layoff reduction, get that documented. Washington ESD will want to see the paperwork.

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That's smart advice. I'll ask for written confirmation of the layoff status.

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Yes! And keep copies of everything. The more documentation you have, the smoother your UI claim will go.

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I hate to be the pessimist here but Washington ESD has been really strict lately about voluntary vs involuntary separations. Even if other people had success, your situation might be different. Better to be prepared for potential issues.

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You're probably right to be cautious. I'd rather know what I'm getting into than be surprised later.

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That's fair, but most severance situations during layoffs are treated as involuntary separations. The key is how it's documented.

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just went thru this myself in december. got 6 weeks severance and filed for unemployment the next week. washington esd approved it no questions asked. your situation sounds similar to mine

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That's encouraging! Was your company calling it voluntary severance too?

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yep voluntary layoff program but everyone knew it was really just layoffs with a fancy name

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The timing question is important too. If you're getting severance pay, you might need to wait until that income period ends before UI benefits start. But if it's truly a lump sum with no continuing pay period, benefits could start immediately. Washington ESD looks at whether you're receiving ongoing compensation.

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It's definitely a one-time lump sum payment, not spread out over weeks.

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That should work in your favor then. Lump sum severance typically doesn't delay benefit start dates.

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Whatever you decide, file your unemployment claim as soon as possible after your last day of work. Don't wait thinking you might not be eligible. It's better to file and get denied than to wait and miss out on potential benefits.

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Good advice. I can always appeal if they deny it initially, right?

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Yes, you have appeal rights if they deny your claim. But filing quickly protects your potential benefit start date.

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I'm curious about the tax implications too. Severance pay is taxable, and so are unemployment benefits. That's going to be a lot of income in tax season depending on when you find new work.

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Ugh, good point. I hadn't thought about the tax hit from both the severance and UI benefits.

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Yeah, you might want to set aside some money for taxes or adjust your withholding on the unemployment benefits.

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Has anyone dealt with severance packages that include non-compete clauses? I'm wondering if that affects unemployment eligibility since it might limit your job search options.

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Non-competes can definitely complicate things. Washington ESD might question whether you're truly available for work if you're restricted from certain jobs.

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That's what I was worried about. The non-compete is pretty broad in my industry.

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UPDATE: I ended up calling Washington ESD directly (after trying Claimyr when I couldn't get through the regular way) and got a clear answer. They said as long as it's part of a company-wide layoff program, accepting severance won't disqualify me from unemployment benefits. The agent was really helpful in explaining the difference between voluntary quit and layoff-related severance.

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Wait, are you the original poster? This is really helpful info either way!

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No sorry, I'm in a similar situation to yours. Just wanted to share what I learned since it might help your decision.

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The bottom line is Washington ESD will look at the whole situation, not just whether you signed something that says 'voluntary.' If layoffs were happening anyway and you just chose to take the package instead of waiting to be involuntarily terminated, that's usually treated as involuntary separation.

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That makes sense. It's really just timing - taking the severance now vs. waiting to be laid off later.

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Exactly. You're still losing your job due to company circumstances, not personal choice.

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whatever u decide make sure u understand all the terms of the severance package. sometimes there are strings attached that could affect other benefits or future employment

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Good point. I should read through all the fine print before signing anything.

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yeah and maybe have someone else look at it too. sometimes they bury important stuff in the legal language

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Thanks everyone for all the input! This has been really helpful. I think I'm going to take the severance package and file for unemployment right after my last day. I'll make sure to document everything and be completely honest about the circumstances on my application. Fingers crossed Washington ESD sees it as involuntary separation!

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Good luck! Sounds like you've done your homework and have a solid plan.

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Hope it works out for you. Keep us posted on how it goes with your claim!

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And remember, if you run into any issues with Washington ESD, there are resources like Claimyr to help you get through to them quickly.

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I went through this exact situation in Washington about 6 months ago. The key thing that helped my case was getting a letter from HR stating that the severance was offered as part of a "workforce reduction program" rather than just calling it voluntary separation. Even though I chose to take the package, Washington ESD approved my claim because they recognized it was essentially a layoff with the option to take severance or wait to be terminated. I'd suggest asking your HR department for documentation that clearly states this is related to company downsizing/layoffs, not just a voluntary departure program. That documentation made all the difference for me.

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This is exactly the kind of documentation I was hoping to get! Did you have to specifically ask HR to word it that way, or did they already have standard language for workforce reduction programs? I'm worried my company might just give me generic severance paperwork that doesn't clearly tie it to the layoffs they're planning.

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I had to specifically request the wording from HR. Initially, they just handed me the standard "voluntary severance agreement" paperwork. I went back and explained that I needed documentation showing this was part of a workforce reduction due to business needs, not me just deciding to leave. They were actually pretty cooperative once I explained why - I think they understood it was better for everyone if former employees could access unemployment benefits rather than struggling financially. The final letter explicitly stated "due to workforce reduction necessitated by economic conditions" and referenced the layoff program. It's definitely worth pushing for that specific language!

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