Unemployment and Severence Pay in OH

Can you advise re how/if severance pay following termination affects qualifying weeks of unemployment pay in OH if not paid in a lump sum i.e. paid weekly for 12 weeks at employed base rate? I am trying to determine if I am best to sign the separation agreement with the 12 weeks severance or not sign and file for up to 6 months unemployment, especially since I have other concerns re the separation agreement.

Asked on October 14, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While being paid severance weekly, you are still considered to be "employed" for unemployment purposes. You cannot receive unemployment until the severance stops, but are then eligible to receive it. The severance does not bar or preclude unemployment, but simply delays it.

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