If you are laid off but the company will still pay you severance for 2 months, are you eligible for immediate unemployment compensation?

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If you are laid off but the company will still pay you severance for 2 months, are you eligible for immediate unemployment compensation?

I’ll be paid every 2 weeks for 2 months.

Asked on February 28, 2017 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since you will be receiving severance not in a lump sum but over time as a substitute for wages, you will most probably need to wait until your 2 month severance period is up. That is so long as what you will make will be more than what you would receive in unemployment (and it most probably is). If not theni you may be eligble to collect the difference from unemployment. At this point, you really need to speak with them ans see what the specific law is in your state.


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