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Danielle Mays

Does WARN Act pay affect unemployment benefits in Washington?

My company just announced layoffs and mentioned we might get WARN Act pay. I'm planning to file for unemployment benefits with Washington ESD but want to make sure I understand how this works. Does receiving WARN Act severance pay affect my unemployment claim or delay when I can start collecting benefits? I've heard conflicting info and want to get it right when I file.

WARN Act pay is different from regular severance - it's mandated by federal law when companies don't give proper notice of mass layoffs. In Washington, this type of pay typically doesn't affect your unemployment eligibility timing like regular severance might.

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That's a relief! So I can file my claim right away even if I'm still receiving the WARN pay?

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You should report it when you file, but it usually doesn't create a waiting period. The key is being honest about all income on your initial claim.

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i got warn pay last year and it didnt stop my benefits. but you have to report it on your weekly claims when you certify. washington esd wants to know about any money you get during the benefit period

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Good to know - did you report it as wages or other income on the weekly claim form?

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i think it was under other income but honestly i called to make sure. the phone system is impossible though

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Had the same issue with Washington ESD phone lines being jammed. Ended up using Claimyr (claimyr.com) to get through to an actual agent who explained exactly how to report WARN pay. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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Never heard of that service. Does it actually work for getting through to Washington ESD?

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Yeah, it calls repeatedly until it gets through. I was skeptical but it connected me to an agent in like 20 minutes instead of the usual nightmare.

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That sounds too good to be true but I'm desperate. The regular phone number just hangs up on me.

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The important thing with WARN Act pay is that it's considered wages in lieu of notice, not traditional severance. Washington ESD treats it differently than other separation pay. You still need to report it but it shouldn't delay your claim start date.

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This is confusing - if it's wages, wouldn't that make you ineligible during the weeks you receive it?

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Not necessarily. WARN pay is retroactive pay for the notice period they should have given you. It's different from ongoing wages.

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Whatever you do, don't hide it from Washington ESD. They'll find out eventually through tax records and then you'll have an overpayment issue to deal with. Better to be upfront and get proper guidance.

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Definitely planning to report everything. Just want to make sure I understand the process correctly.

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Smart approach. Washington ESD overpayment notices are a nightmare to deal with.

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I'm dealing with something similar but my employer is calling it 'separation pay' instead of WARN Act pay. Is there a difference in how Washington ESD handles these?

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Yes, there's a big difference. Regular separation pay often creates a waiting period where you can't collect benefits until it's exhausted. WARN Act pay is specifically for lack of proper notice.

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How do I know which one I'm getting? My HR department isn't being very clear about it.

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Check if your company had 100+ employees and gave less than 60 days notice. That's when WARN Act applies.

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THIS IS WHY THE UNEMPLOYMENT SYSTEM IS SO BROKEN! Nobody can get straight answers about anything. Every situation is different and Washington ESD makes it impossible to get clarification.

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tell me about it. ive been trying to get answers for weeks

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That's exactly why I ended up using Claimyr. Sometimes you just need to talk to a real person who knows the system.

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Just went through this exact situation. Filed my claim the day after my last day of work even though I was getting WARN Act pay. Washington ESD approved it without any issues. The key is being transparent about everything when you file.

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That's exactly what I was hoping to hear! Did you have to do anything special when reporting the WARN pay on your weekly claims?

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Just reported it as other income on the weekly certification. My benefit amount wasn't affected since it was for the notice period I should have gotten.

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wait im confused - if you get warn pay do you still qualify for the full unemployment amount or does it reduce your weekly benefit?

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WARN Act pay typically doesn't reduce your weekly benefit amount because it's retroactive pay for a notice period. It's not earnings during the benefit period.

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ok that makes sense. so its different from like getting a part time job while on unemployment

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Been unemployed for 6 months now and dealt with every possible issue. WARN Act pay is actually one of the easier things to handle with Washington ESD. Regular severance is what really complicates things.

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Good to know! I was worried this would delay my claim for months.

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Same experience here. WARN pay was straightforward compared to other issues I've had with my claim.

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Pro tip: when you file your initial claim, there's a specific question about separation pay. Make sure you indicate it's WARN Act pay and not regular severance. This helps Washington ESD process it correctly from the start.

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Is there a dropdown option for WARN Act pay specifically or do I need to explain it in the comments?

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I think you select 'other' and then explain in the details section. Better to over-explain than leave them guessing.

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My company is going through layoffs next month and mentioned WARN Act pay too. Following this thread closely since I'll probably be filing for unemployment soon.

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Hopefully this info helps! Sounds like it's not as complicated as I thought it would be.

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Yeah, this thread has been super helpful. At least one less thing to worry about during layoffs.

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Does anyone know if the WARN Act pay affects your base period wages for calculating your weekly benefit amount? Or is it only relevant for the weekly reporting?

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WARN Act pay shouldn't affect your base period calculation since it's not regular wages. Your weekly benefit amount is based on your actual work history, not separation pay.

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That makes sense. So it's really just about proper reporting on the weekly claims then.

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I tried calling Washington ESD about this same question last week and gave up after 2 hours on hold. Might have to try that Claimyr thing someone mentioned.

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Seriously recommend it. I was skeptical but it actually worked. Much better than sitting on hold forever.

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How much does something like that cost? I'm already tight on money from being laid off.

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It's worth checking out their site for details. For me, getting accurate info quickly was worth it instead of stressing about doing something wrong.

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Just to add another data point - I received WARN Act pay in 2023 and it had zero impact on my unemployment claim timeline. Filed immediately and benefits started the following week.

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Perfect! That's exactly what I needed to hear. Going to file my claim this week.

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Good luck! Just remember to report it on your weekly claims and you should be fine.

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The whole system is set up to confuse people. Why can't Washington ESD just have clear guidance on their website about common situations like this?

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Because then they'd actually have to help people instead of making it as difficult as possible.

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At least forums like this exist where people can share real experiences.

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Thanks everyone for all the helpful responses! This thread has been incredibly valuable. I'm feeling much more confident about filing my claim now. It sounds like the key points are: 1) WARN Act pay is different from regular severance and typically doesn't delay your claim, 2) You still need to report it on weekly certifications as other income, and 3) Be transparent about everything when filing. I'll make sure to clearly indicate it's WARN Act pay (not regular severance) when I file this week. Really appreciate this community for providing real-world experiences when the official channels are so hard to navigate!

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This is such a great summary! I'm in a similar situation with my company doing layoffs next month, and this thread has been a lifesaver. The fact that multiple people have confirmed WARN Act pay doesn't delay claims is huge relief. I was panicking thinking I'd have to wait months to file. Thanks to everyone who shared their actual experiences - way more helpful than trying to decipher the confusing ESD website!

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