If my husband was laid off yesterday and offered the option of severance pay and he takes it, will this keep him from submitting an unemployment claim?

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If my husband was laid off yesterday and offered the option of severance pay and he takes it, will this keep him from submitting an unemployment claim?

His severance will be equal to 1 month’s salary.

Asked on December 1, 2015 under Employment Labor Law, Florida

Answers:

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

Answered 5 years ago | Contributor

Generally speaking, a person can collect unemployment if their given a severance package. The reason being that severance pay is not considered to be “wages” that would otherwise count against the right to collect unemployment compensation.
That having been said, sometimes there is a delay in eligibility in collecting these benefits; it depends on how the severance payout is stuctured. If it is paid in a lump sum it probably won't affect unemployment benefits. However, if severance is paid over time and the individual is still on the payroll, then it may delay their ability to collect.
At this point, contact your local unemployment office for further information.


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