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Keisha Williams

Can you collect unemployment with a severance package from Washington ESD?

Got laid off from my tech job last week and they gave me a severance package worth about $8,000 that will be paid out over the next two months. I want to file for unemployment right away but I'm not sure if the severance will disqualify me or reduce my benefits. Has anyone dealt with this situation before? Do I need to report the severance payments on my weekly claims? Really confused about how this works with Washington ESD.

You can still file for unemployment even with a severance package. The key thing is HOW the severance is structured. If it's paid as a lump sum or if there are no strings attached (like non-compete clauses), it usually won't affect your weekly benefits. But if it's considered wages for a specific period, that could delay your eligibility.

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It's being paid out bi-weekly over 8 weeks, same as my regular paychecks were. Does that make it count as wages?

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That structure might be considered wages for those weeks. You'll definitely need to report it on your weekly claims when you receive each payment.

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I had this exact situation last year! My company gave me 6 weeks severance and I was still able to collect unemployment. The important thing is whether you're required to do any work during the severance period. If not, you should be good to go.

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No work required, they just want me to sign a non-disclosure agreement. Did you report your severance on the weekly claims?

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Yes, I reported every payment. Washington ESD will determine if it affects your benefits or not. Better to be upfront about it.

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You should definitely file your claim right away regardless of the severance. The worst thing you can do is wait because you can't backdate benefits in most cases. When you file your weekly claims, report the severance payments honestly and let Washington ESD make the determination.

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This is good advice. I made the mistake of waiting to file because I wasn't sure about my situation and lost out on two weeks of benefits.

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Exactly! The filing date is your benefit year start date. You can always appeal their decision if you disagree with how they handle the severance.

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I was struggling to get through to Washington ESD to ask about my severance situation and found this service called Claimyr (claimyr.com) that helped me actually reach an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Finally got my questions answered about how my severance would be handled.

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How much does something like that cost? I've been trying to call for days.

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It was worth it to finally talk to someone who could give me a definitive answer about my specific situation. Way better than guessing.

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does severance count as wages tho?? i thought it was just like a goodbye payment or whatever

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It depends on how it's structured and what your employment agreement says. Sometimes it's considered wages, sometimes it's not.

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ugh this is so confusing why cant they just make it simple

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From what I understand, if the severance is paid in lieu of notice (like if they let you go immediately instead of giving you 2 weeks notice), it might be treated differently than if it's just a general severance payment. The timing and reason matter.

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They did let me go immediately instead of having me work out a notice period. The severance is supposed to cover the next 8 weeks.

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That sounds like it might be considered wages for those 8 weeks then. You'll want to clarify this with Washington ESD directly.

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I'm going through something similar right now. Filed my claim two weeks ago and just got my first severance payment. Reported it on my weekly claim and now my status shows 'under review'. Guess I'll find out how they handle it.

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Let me know what happens! I'm filing my claim tomorrow.

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Same boat here. The waiting is the worst part.

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THE SYSTEM IS SO BROKEN!! Why should someone who got laid off through no fault of their own have to jump through hoops just because their employer tried to do the right thing with severance?? This is exactly why people hate dealing with government agencies.

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I get the frustration but the rules exist to prevent abuse. Some people might try to double-dip if there weren't any oversight.

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But punishing honest people for their employer being generous makes no sense!

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File immediately and be honest about everything. The adjudication process exists to figure out these complicated situations. Don't try to hide the severance because that will just cause bigger problems down the road.

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How long does adjudication usually take for severance issues?

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Can be anywhere from 2-6 weeks depending on how complex your situation is and how backed up they are.

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Quick question - do you have to pay taxes on severance if you're also collecting unemployment? Seems like that could put you in a higher tax bracket.

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Yes, both severance and unemployment are taxable income. You might want to have taxes withheld from both.

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Good point, I hadn't thought about the tax implications.

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I used to work in HR and dealt with this a lot. The main thing Washington ESD looks at is whether you're performing any services during the severance period and whether the payments are tied to specific weeks. If you're truly separated and not doing any work, you have a strong case for benefits.

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That's really helpful insight. I'm definitely not doing any work, just signed the NDA and that was it.

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What about garden leave situations where you're technically employed but not working?

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Garden leave is trickier because you're still technically employed. That would likely disqualify you until the garden leave period ends.

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Another option if you can't get through to Washington ESD is to try that Claimyr service someone mentioned earlier. I used it last month when I had questions about my standby claim and it actually worked. Finally talked to a real person who could explain my specific situation.

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Did they charge you a lot for that?

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It was reasonable considering I'd been trying to call for weeks on my own. Sometimes you just need to talk to someone who knows the system.

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Make sure you keep all documentation about your severance agreement. If there's any dispute later, you'll want to have everything in writing to show Washington ESD exactly what was agreed to.

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Good advice. I have the severance agreement and the termination letter. Should I upload those with my claim?

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Keep them ready but only upload if they specifically ask for documentation. Don't overwhelm them with paperwork upfront.

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honestly just file and see what happens. i overthought my situation for weeks and it turned out fine. the worst they can do is say no and then you appeal if you disagree

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This is actually good advice. Analysis paralysis won't help anyone.

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You're right, I'm probably overthinking this. Filing tomorrow morning.

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One more thing to consider - if your severance payments will take you over the maximum weekly benefit amount when combined with unemployment, you might not get any UI benefits during those weeks anyway. The calculation gets complicated but it's something to keep in mind.

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My weekly severance amount is about $1000 and I think the max UI benefit is around $900, so you might be right about that.

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Yeah, if you're getting $1000/week in severance, that's probably above the UI maximum. You might not be eligible until the severance ends.

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UPDATE: Just wanted to share that I had a similar situation and Washington ESD ruled that my severance didn't affect my benefits because it was a true separation with no work required. Every case is different but there is hope!

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That's encouraging! How long did it take them to make that determination?

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About 3 weeks from when I first reported the severance on my weekly claim. The waiting was stressful but it worked out.

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For anyone reading this later - the key factors seem to be: 1) Are you required to work during severance period? 2) Is it structured as wages or a lump sum? 3) Are there strings attached like non-compete agreements? These all affect how Washington ESD treats it.

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This is a great summary. Wish this info was clearer on the Washington ESD website.

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Thanks, this helps me understand what they'll be looking at when they review my case.

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If anyone needs to actually talk to Washington ESD about their severance situation, I had success with that Claimyr service too. Much better than the endless busy signals. Sometimes you just need to hear it directly from an agent.

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How quickly were you able to get through using that?

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Way faster than calling on my own. They handle the waiting and calling back part, which was worth it for me.

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Final thought - even if your severance temporarily affects your benefits, you should still file your claim to establish your benefit year. You can always reopen it later when the severance period ends.

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Good point. I'll file tomorrow and just be completely honest about the severance situation.

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Mei Lin

That's definitely the right approach. Transparency is always best with these things.

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Thanks everyone for all the advice! This thread has been really helpful. I feel much more confident about filing my claim now.

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Good luck! Hope it works out smoothly for you.

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I'll update this thread once I hear back from Washington ESD about how they handle my severance.

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