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Esmeralda Gómez

Can you file unemployment if you get severance - Washington ESD rules?

My company just laid me off and I'm getting a severance package worth about $8,000 paid out over 8 weeks. I'm confused about whether I can file for Washington ESD unemployment benefits right away or if I have to wait until the severance runs out. The HR person wasn't sure about Washington state rules and told me to check with ESD directly, but I can't get through on the phone. Has anyone dealt with this before? I really need to know if I should file my claim now or wait.

You can file for unemployment immediately in Washington state even with severance. The key thing is HOW the severance is paid out. If it's a lump sum, it doesn't affect your weekly benefits. If it's paid out weekly like continuation of salary, then it might reduce your weekly benefit amount during those weeks.

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It's being paid out weekly over 8 weeks, so it sounds like it will affect my benefits. Do you know how much it reduces the weekly amount?

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Washington ESD calculates it based on your weekly benefit amount vs the weekly severance. If your severance is higher than your weekly UI benefit, you might not get anything that week. But definitely file now - the sooner you file, the sooner your claim starts.

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File immediately! I made the mistake of waiting when I got severance last year and it delayed everything. You want to get your claim in the system right away.

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Good to know, thanks! I was worried about messing something up by filing too early.

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I've been trying to reach Washington ESD for weeks about my own claim issues. If you're having trouble getting through, there's actually a service called Claimyr (claimyr.com) that helps people get connected to ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out if you need to talk to someone about your specific severance situation.

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Interesting, I'll check that out. The phone system is impossible to get through.

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I used Claimyr last month when I had adjudication issues. It actually worked - got connected to an agent within a few hours instead of calling for days.

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The severance rules are confusing but here's what I learned when I went through this: Washington ESD treats severance as income during the weeks it's paid. You report it on your weekly claim and they reduce your benefit accordingly. But you still want to file your initial claim right away to establish your benefit year.

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So I report the severance amount each week when I file my weekly claim?

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Exactly. There's a section on the weekly claim form where you report any earnings or payments. Just be honest about the amount and let ESD calculate how it affects your benefits.

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wait im confused. i thought you couldnt get unemployment if you got severance? my friend told me that

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That's a common misconception. You can get unemployment with severance in Washington state. The severance might reduce your weekly benefits depending on how it's paid, but it doesn't disqualify you completely.

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oh ok thanks for clearing that up. so many rules to keep track of

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I'm dealing with something similar but my severance is being paid as a lump sum. From what I understand, lump sum severance doesn't affect your weekly benefits at all since it's not considered weekly income. Can anyone confirm this?

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That's correct. Lump sum severance is treated differently than weekly severance payments. It shouldn't reduce your weekly UI benefits.

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Great, that's what I was hoping to hear. Filing my claim today then.

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The Washington ESD website has information about this but it's buried in their FAQ section. Basically you need to file immediately and report the severance on your weekly claims. Don't wait or you'll lose out on potential benefits.

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I tried looking on their website but couldn't find clear information about weekly severance vs lump sum differences.

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Yeah their website isn't the most user-friendly. That's why talking to an actual agent is usually better for these specific situations.

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Just want to add - make sure you're clear about whether your severance has any conditions attached. Some severance agreements have non-compete clauses or require you to be available for work, which could affect your unemployment eligibility.

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Good point. My severance doesn't have any conditions like that, it's just standard termination pay.

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ugh the ESD phone system is THE WORST. ive been trying to get through for my own issues and its impossible. might try that claimyr thing someone mentioned

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It's definitely worth trying. I was skeptical at first but it actually worked for me. Way better than spending hours on hold or getting disconnected.

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File your claim right now! Don't overthink it. The worst thing that can happen is they tell you to wait, but more likely they'll just adjust your weekly benefits during the severance period. You want to get in the system ASAP.

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You're right, I'm probably overthinking this. Going to file today.

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I had almost the exact same situation last year - laid off with 6 weeks severance paid weekly. Filed immediately and got partial benefits during the severance weeks, then full benefits after. Definitely the right move to file early.

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That's reassuring to hear from someone who actually went through it. How long did it take for your claim to get approved?

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About 2 weeks for the initial approval, then another week before I got my first payment. Pretty standard timing for Washington ESD.

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One thing to watch out for - make sure you're still meeting the job search requirements even during the weeks you're getting severance. You still need to be actively looking for work and documenting your search activities.

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Good reminder. I was planning to start job searching right away anyway, but I'll make sure to keep proper records.

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Does anyone know if vacation payout is treated the same as severance? I'm getting both and not sure how to report them.

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Vacation payout is typically treated as wages for the period it represents, so it might be handled differently than severance. You should definitely talk to an ESD agent about your specific situation.

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Thanks, I'll try to get through to someone. Might check out that Claimyr service too.

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File now, ask questions later. That's my motto with unemployment claims. You can always provide more information or clarification after you file, but you can't go back and file earlier.

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That makes sense. I keep second-guessing myself but you're right - better to file and figure it out than wait and miss out.

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Just to be clear - you report the severance as income on your weekly claim, not when you file your initial claim. The initial claim is just about establishing your eligibility and benefit amount based on your work history.

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Thanks for clarifying that. So the initial claim form doesn't ask about severance at all?

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Right, the initial application focuses on your work history and reason for separation. The severance reporting happens on your weekly claims.

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I'm curious about the tax implications too. Do you pay taxes on both the severance and the unemployment benefits?

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Yes, both are taxable income. You'll get tax forms for both at the end of the year. You can choose to have taxes withheld from your UI benefits to avoid a big tax bill later.

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The key thing is that being laid off makes you eligible for unemployment regardless of severance. The severance might affect the amount you get each week, but it doesn't disqualify you from filing. File immediately and let ESD sort out the details.

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Perfect, that's exactly what I needed to hear. Filing my claim right now.

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Good luck with your claim! The whole process is stressful but at least you know you're eligible. Just be patient with the system and keep detailed records of everything.

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Thank you everyone for all the helpful advice. Really appreciate this community!

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