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Ethan Moore

Can you get unemployment with a severance package in Washington ESD?

My company is laying me off next month and they're offering a 6-week severance package. I'm wondering if I can still file for unemployment benefits through Washington ESD while receiving severance pay? I've heard conflicting information - some people say you have to wait until severance runs out, others say you can collect both. Does anyone know the actual rules for Washington state? I really need to understand this before I make any decisions about the severance offer.

The answer depends on how your severance is structured. If it's considered wages for a specific period (like continuing your regular pay for 6 weeks), then Washington ESD will likely consider you still employed during that time and you won't be eligible for UI benefits until it ends. If it's a lump sum payment, the rules are different.

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It's structured as continuing my regular bi-weekly paychecks for 6 weeks. So that would mean I have to wait until week 7 to file?

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Exactly. Washington ESD treats that as continued employment. You'd file your initial claim after your last severance payment.

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I went through this exact situation last year. Had an 8-week severance package and Washington ESD told me I couldn't collect unemployment until it was completely finished. The tricky part is timing your application correctly.

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Did you have any issues when you finally filed? I'm worried about delays in processing.

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Filing went smoothly, but I did have to provide documentation about my severance agreement during the application process.

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Actually had a nightmare trying to get through to Washington ESD about this exact question a few months ago. Spent hours on hold multiple times. Finally used Claimyr.com to get through to an actual agent who explained everything clearly. They have this video demo https://youtu.be/7DieNd3C7zQ that shows how it works. Worth checking out if you need to talk to someone at Washington ESD directly.

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Never heard of Claimyr before. Does it actually work for getting through to Washington ESD?

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Worked for me. Got connected to an agent in about 10 minutes instead of the usual hours of busy signals and holds.

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I'm always skeptical of these services but honestly the Washington ESD phone system is so broken, might be worth trying.

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MAKE SURE you report the severance correctly when you do file!! I made the mistake of not mentioning mine initially and it caused a huge mess with overpayments and having to pay money back. Washington ESD takes this stuff seriously.

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Oh wow, what happened exactly? How much trouble did that cause?

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They said I was overpaid for like 4 weeks of benefits and wanted $2,800 back. Took months to sort out through appeals process.

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The Washington ESD website has a section about severance pay under their eligibility requirements. From what I read, they look at whether the severance represents payment for future services or compensation for past work. It gets complicated fast.

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I tried reading through that but honestly the language is so confusing. Wish they'd explain it in plain English.

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Agreed, their website is not user-friendly at all. That's why talking to an actual person is usually better for complex situations like this.

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Wait, are we talking about regular severance or some kind of WARN Act severance? Because those have different rules I think??

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Just regular severance as part of my layoff. Company isn't big enough for WARN Act to apply.

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WARN Act severance would still follow the same Washington ESD rules about whether it's considered wages or not.

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Whatever you do, keep ALL your severance paperwork! Washington ESD will want to see the exact terms and conditions. I learned that the hard way when my claim went into adjudication for weeks.

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Good point. Should I get a copy of the severance agreement before I sign it?

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Absolutely. And make sure you understand if there are any non-compete clauses that might affect your job search requirements.

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my buddy had severance and unemployment at the same time but I think his company did something weird with how they paid it out. maybe lump sum vs regular pay makes a difference?

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Yes, lump sum severance is treated differently by Washington ESD. It's not considered ongoing wages so you can potentially collect UI benefits.

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okay that makes sense why his situation was different than what everyone else is saying

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Another thing to consider - even if you have to wait for severance to end, you should still file your claim as soon as possible after your last day of work. There's a waiting week in Washington that you need to serve.

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Wait, so I should file even though I won't be eligible for benefits right away?

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Actually, let me correct that. You file when you become eligible, which would be after severance ends. But don't delay once that happens.

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I used Claimyr last month when I had questions about my claim status and it was super helpful. The agent I talked to was really knowledgeable about all the severance rules and helped me understand exactly when I could start collecting benefits.

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How much does something like that cost? I'm already going to be tight on money.

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I'd rather not get into specific costs here, but honestly it was worth it for the peace of mind and accurate information. Check their site for current pricing.

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The key thing Washington ESD looks at is whether you're considered 'unemployed' during the severance period. If you're getting regular paychecks like you're still working, then you're not unemployed yet in their eyes.

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That makes sense. So it's really about the structure of the payments, not just the fact that I'm getting severance.

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Exactly. The form matters as much as the substance when it comes to Washington ESD eligibility rules.

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Don't forget about the job search requirements too! Even when you do become eligible, you'll need to be actively looking for work and logging those activities in WorkSourceWA.

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Right, I almost forgot about that part. Do the job search requirements start immediately when benefits begin?

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Yes, as soon as you start collecting benefits you need to meet the work search requirements. Usually 3 job contacts per week minimum.

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Just make sure you're honest about everything on your application. Washington ESD cross-references with employers and they WILL find out if you try to hide the severance. Not worth the risk.

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Definitely planning to be completely transparent. I've heard too many horror stories about overpayment issues.

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Smart approach. Better to wait a few extra weeks than deal with overpayment headaches later.

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If your severance includes continuation of health benefits, that might also affect your eligibility. Washington ESD considers total compensation, not just cash payments.

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Interesting point. My severance does include COBRA coverage for the 6 weeks. Should I mention that when I file?

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I would definitely disclose it to be safe. Let Washington ESD make the determination about how it affects your benefits.

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One more vote for Claimyr if you need to talk to someone at Washington ESD about this. I was stuck in adjudication hell for my claim and they helped me get it resolved quickly. Sometimes you just need a real person to explain the rules.

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Seems like a lot of people have had good experiences with them. Might be worth trying if I run into issues.

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Yeah, Washington ESD's phone system is basically unusable during busy periods. Having an alternative way to get through is really valuable.

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timing is everything with this stuff. make sure you know exactly when your last severance payment hits your account so you can file the next day if needed

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Good point. I should ask HR for the exact schedule of severance payments.

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yeah and get it in writing too, just in case washington esd asks for proof later

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Has anyone dealt with severance that includes stock options or bonuses? I'm wondering if those are treated the same way as regular severance pay by Washington ESD.

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Mine is just regular salary continuation, but that's a good question for anyone else reading this.

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Stock options and bonuses can be treated differently depending on when they vest and how they're paid out. Definitely worth asking Washington ESD about specific situations.

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The whole system is so confusing honestly. Why can't Washington ESD just have clear, simple rules about this stuff? Every situation seems to have different exceptions and complications.

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I totally agree. It shouldn't be this hard to figure out basic eligibility questions.

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Right? Like just tell us straight up - if you get severance for X weeks, you wait X weeks to file. But no, it has to be complicated.

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Bottom line - you'll probably need to wait until your severance period ends to collect unemployment. Use that time to prepare your job search strategy and get all your documentation ready for when you do file with Washington ESD.

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That seems to be the consensus. Thanks everyone for all the helpful advice. At least now I know what to expect.

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You're welcome! Good luck with everything. The job market is pretty good right now so hopefully you won't need benefits for too long.

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