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Diego Fernández

Washington ESD unemployment eligibility after taking severance package - need help understanding the rules

My company offered me a severance package worth about $8,500 and I'm wondering if taking it will mess up my ability to file for unemployment benefits with Washington ESD. The severance would cover about 6 weeks of pay, but I'm not sure if that means I have to wait 6 weeks before I can even apply for UI benefits or if it affects my eligibility at all. Has anyone dealt with this situation before? I really need to know before I sign anything because I might need unemployment right away if I can't find work quickly.

Severance payments can definitely affect your Washington ESD unemployment benefits, but it depends on how the severance is structured and paid out. If it's paid as a lump sum, it usually doesn't delay your weekly benefits. If it's paid out over time like regular paychecks, then you might have to report it as earnings during those weeks.

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It's being paid as a lump sum in two weeks. So that means I can still file for unemployment right away?

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Generally yes, but you should still report the severance when you file your initial claim. Washington ESD will determine if it affects your benefits during the adjudication process.

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I took severance last year and had no issues getting unemployment. Just make sure you're honest about it when you file your claim online.

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Did you have to wait at all or were you approved right away?

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My claim went into adjudication for about 2 weeks while they reviewed everything, but then I was approved and got backpay for those weeks too.

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The key thing with severance and Washington ESD is whether there are any strings attached to the payment. If your employer is requiring you to sign a non-compete or agree not to work for competitors, that could potentially affect your availability for work requirement. But if it's just a standard severance with no work restrictions, you should be fine to collect UI benefits.

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There's a non-compete clause but it's only for direct competitors in my specific industry. Would that be a problem?

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As long as the non-compete doesn't prevent you from accepting suitable work in your field, it shouldn't disqualify you. Washington ESD looks at whether you're able and available for work generally, not just with specific companies.

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Non-competes are pretty hard to enforce in Washington anyway, so I wouldn't worry about it too much.

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Had a similar situation a few months ago and couldn't get through to Washington ESD on the phone for weeks to ask about my severance. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 15 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. The agent was able to review my severance agreement and confirm it wouldn't affect my weekly benefits since it was a lump sum payment.

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That sounds really helpful! I've been trying to call Washington ESD for days with no luck. Did you have to pay for that service?

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Yeah there's a fee but it was totally worth it to get a definitive answer instead of guessing. Way better than sitting on hold for hours.

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I've heard of Claimyr but haven't tried it yet. Might be worth it if you really need to talk to someone at Washington ESD quickly.

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TAKE THE SEVERANCE! I made the mistake of turning down severance thinking it would complicate my unemployment claim and it was the dumbest decision ever. You can definitely get both.

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Really? You don't think it causes any delays or issues with Washington ESD?

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Nope, as long as you report it honestly when you file. The money is yours either way, might as well take both!

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One thing to watch out for - if your severance includes continuation of health benefits or other non-cash compensation, make sure you understand how Washington ESD values those benefits. Sometimes they count toward your earnings even if you're not getting cash.

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My severance is just cash, no health benefits or anything like that. Should be straightforward then?

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Yes, cash-only severance is much simpler. Just report the amount and date you received it on your initial claim.

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The timing of when you receive the severance matters too. If you get it before your last day of work, it might be considered wages for that week. If you get it after your employment ends, it's typically treated as severance.

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I'm getting it two weeks after my last day, so that should be fine right?

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Yeah, that's clearly severance pay then, not wages. You're good to go.

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Whatever you do, don't lie about the severance on your application. Washington ESD will find out eventually and you could end up with an overpayment situation that's a huge headache to deal with.

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Definitely planning to be completely honest about everything. Better safe than sorry with these things.

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Good attitude. The adjudication process might take a little longer but it's worth it to do everything above board.

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I'm in a similar boat - my company is offering voluntary layoffs with severance packages. Been trying to research this stuff for weeks but there's so much conflicting info online.

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Voluntary layoffs can be tricky because you're technically quitting. Make sure you understand how that affects your unemployment eligibility before you volunteer.

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Oh wow, I hadn't thought about that. I assumed voluntary layoffs were the same as regular layoffs for unemployment purposes.

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Not always. Sometimes they're treated as resignations. You'd need to check with Washington ESD about your specific situation.

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Update: I decided to take the severance and filed my unemployment claim today. I was completely honest about the severance payment and when I received it. Now I just have to wait for them to process everything.

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Good choice! Keep us posted on how the adjudication process goes.

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You made the right call. That severance money will help while you're job searching.

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If your claim gets stuck in adjudication for too long, remember that Claimyr option I mentioned earlier. Really helped me get things moving when I was in limbo.

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I'll definitely keep that in mind if I don't hear anything in a few weeks. Thanks for the tip!

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The important thing is that you're eligible for unemployment based on your work history and reason for separation, not whether you received severance. The severance is just additional income you need to report.

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That makes sense. I was laid off due to company restructuring, so I should definitely qualify for benefits.

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Exactly. Layoffs due to lack of work or company restructuring are textbook cases for unemployment eligibility.

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One more tip - keep all your severance paperwork handy in case Washington ESD asks for documentation during the adjudication process. Having everything ready can speed things up.

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Good point. I'll scan everything and keep both digital and physical copies.

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Honestly the whole unemployment system is so confusing. Why can't they just make it simple - if you lose your job through no fault of your own, you get benefits. Period.

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Because then people might actually be able to navigate the system without pulling their hair out! Can't have that.

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The rules exist to prevent fraud, but I agree they could be clearer about common situations like severance payments.

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For anyone else reading this thread, the general rule in Washington is that severance doesn't disqualify you from unemployment benefits. The key issues are how it's paid (lump sum vs. periodic payments) and whether there are any work restrictions attached to it.

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This should be stickied somewhere. Seems like this question comes up all the time.

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Agreed. It's one of the most common misconceptions about unemployment eligibility.

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Just wanted to add that if anyone is dealing with a complicated severance situation, it's worth talking to an employment attorney too. Some will do free consultations.

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That's a good suggestion for more complex cases. Mine seems pretty straightforward but good to know that's an option.

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Thanks everyone for all the helpful info in this thread. I feel much more confident about my decision now.

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That's what this community is for! We've all been through the unemployment maze at some point.

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Final thought - if you end up needing to call Washington ESD about your severance situation and can't get through, definitely check out that Claimyr service I mentioned earlier. Having direct access to an agent who can look at your specific case is invaluable.

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Second this recommendation. Sometimes you just need to talk to a real person to get definitive answers.

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I'll post an update once I hear back from Washington ESD about my claim. Hopefully it goes smoothly but we'll see!

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Looking forward to hearing how it goes. Your experience will help others in similar situations.

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Best of luck! I'm sure everything will work out fine.

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