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Mateo Gonzalez

When can you file for unemployment if you get a severance package - Washington ESD timing rules?

My company laid me off last Friday and gave me a severance package worth 8 weeks of pay. I'm confused about when I can actually file for unemployment benefits with Washington ESD. Do I have to wait until my severance period ends, or can I file right away? The HR person wasn't sure and told me to check with Washington ESD directly, but I can't get through on the phone. Has anyone dealt with this situation before? I need to know if I should file now or wait because I don't want to mess up my claim.

You can file your initial claim right away, but the severance will delay when your benefits actually start. Washington ESD treats severance as wages, so you'll have a waiting period before benefits kick in. The key is to file ASAP to get your claim date established.

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So I should file this week even though I'm getting severance? I was worried they'd reject my claim entirely.

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Yes, file now. The claim date is important for your benefit year. They'll just postpone payments until your severance period ends.

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I went through this exact situation last year. Filed immediately after my layoff even with 6 weeks severance. Washington ESD calculated when my benefits would start based on my weekly severance amount. It was worth filing early to lock in my claim date.

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How did they calculate it? Did they divide your total severance by your weekly pay?

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Exactly. They took my total severance and divided by what my weekly pay was, then counted that as weeks I couldn't collect benefits.

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The Washington ESD adjudication process for severance can take a while if they need to verify the details with your employer. I'd recommend trying to reach them by phone to get clarity on your specific situation. I actually found a service called Claimyr (claimyr.com) that helped me get through to a Washington ESD agent when I couldn't reach them myself. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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How much does something like that cost? I'm trying to be careful with money right now.

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I can't remember the exact cost, but it was worth it to get my questions answered quickly instead of calling for weeks. The peace of mind was valuable.

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Never heard of that service but anything to avoid the Washington ESD phone maze sounds good to me!

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DEFINITELY file now. I made the mistake of waiting until my severance ended and lost weeks of benefit eligibility because my claim date was later. Washington ESD goes by when you file, not when you start collecting.

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Oh no, how many weeks did you lose?

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About 6 weeks total. Could have been collecting benefits earlier if I'd filed right after my layoff date.

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wait im confused... if youre getting severance pay why would you need unemployment? isnt that double dipping?

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No, you can't collect both at the same time. The severance delays when unemployment benefits start, but you still need to file to establish your claim.

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oh ok that makes more sense. i thought you could get both which seemed weird

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Check your severance agreement carefully too. Some companies have clauses about unemployment benefits that might affect your claim. Mine tried to say I couldn't file for unemployment while receiving severance, but Washington ESD said that wasn't enforceable.

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I'll double check my paperwork. I don't remember seeing anything like that but I was pretty overwhelmed when they gave it to me.

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Yeah, companies sometimes put weird restrictions in there that aren't actually legal. Washington ESD knows the real rules.

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The Washington ESD website has a section about severance and unemployment but it's pretty confusing. Basically says severance is treated as wages for the period it covers. But definitely file your claim ASAP regardless.

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I tried looking at their website but got lost in all the technical language. Your explanation helps though.

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Their website is terrible for explaining this stuff in plain English. Half the time I can't find what I'm looking for.

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Had a friend who got 12 weeks severance and thought she couldn't file until it ended. By the time she filed, she'd missed out on establishing her benefit year early. File now, worry about the payments later!

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That's exactly what I was worried about. Sounds like everyone agrees I should file this week.

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Yes! The worst thing that happens is they tell you when benefits will start. The best thing is you lock in your claim date.

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One thing to remember is you'll still need to do your weekly claims even during the severance period. You just won't get paid until the severance runs out. It's annoying but keeps your claim active.

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So I have to file weekly claims even though I won't get benefits? That seems pointless.

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I know it seems dumb, but if you don't file weekly claims, they'll close your claim and you'll have to restart the whole process.

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The severance calculation can get complicated if you got a lump sum vs. if they're paying it out over time. Washington ESD treats them differently for benefit timing purposes.

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Mine is a lump sum payment. Does that change when I can start collecting benefits?

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With a lump sum, they calculate how many weeks it represents based on your regular weekly pay. That's your waiting period before benefits start.

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ugh the whole system is so confusing. why cant they just have clear rules about this stuff posted somewhere easy to find??

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Right? Everything with Washington ESD feels like you need a law degree to understand.

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At least this thread is helping me understand what I need to do. Thanks everyone!

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Pro tip: when you file your claim, make sure to mention the severance upfront. Don't let them find out later or it can cause problems with your claim. Be transparent from the start.

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Good point. I'll make sure to include all the severance details when I file online.

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Exactly. It's better to have too much information than not enough when dealing with Washington ESD.

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I used that Claimyr service someone mentioned earlier and it really did help me get through to Washington ESD quickly. Worth checking out if you need to talk to someone about your specific severance situation.

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How long did it take them to get you connected to an agent?

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They called me back within a few hours and got me connected pretty quickly. Way better than trying to call myself.

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Make sure you keep all your severance paperwork too. Washington ESD might ask for documentation during the adjudication process to verify the amount and payment schedule.

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I have everything from HR. Should I upload it when I file or wait until they ask?

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I'd wait until they ask. They'll let you know if they need additional documentation during the review process.

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Been through this twice with different companies. Both times I filed immediately after layoff and it worked out fine. The severance just delayed when I actually started receiving benefits.

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That's reassuring to hear from someone who's done it multiple times. I'll file this week.

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Yeah, don't overthink it. File early, be honest about the severance, and let Washington ESD sort out the timing.

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Just remember that your job search requirements might still apply even during the severance waiting period, depending on how Washington ESD handles your specific case. Check with them about that.

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Oh I hadn't thought about job search requirements during severance. I'll ask about that when I file.

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Usually you don't have to do job searches until benefits actually start, but it's worth confirming.

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Thanks for posting this question! I'm in a similar situation and this thread answered all my concerns. Filing my claim tomorrow.

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Glad it helped you too! Sounds like we both learned the same thing - file early and let Washington ESD figure out the rest.

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Exactly. Better to have the claim established and wait for benefits than miss out on the early filing date.

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One more thing - if your employer contests your unemployment claim because of the severance, don't panic. That's what the appeals process is for and you have rights as a laid-off employee.

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Why would they contest it if they laid me off and gave me severance?

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Some companies try to argue that severance disqualifies you from benefits entirely, but that's not how Washington law works. You just have to wait for the severance period to end.

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Bottom line from everything I've read here: File your claim immediately, report the severance honestly, and expect to wait for benefits until the severance period ends. Seems pretty straightforward once you know the rules.

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That's exactly the summary I needed. Thank you everyone for all the helpful advice! I'm filing tomorrow morning.

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