Does replacement count as severence?

UPDATED: Oct 2, 2022

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Does replacement count as severence?

I didn’t sign the severence agreement for 31 days following my group layoff. I received my first severence payment after 40 days from my last day of work. Meanwhile, the EPO that my employer used purchased 2 months of outplacement on my behalf and I wasn’t made aware of it until a few weeks had passed. I missed almost 1 month of the benefit. I had applied for unemployment not knowing they had paid for outplacement. Does outplacement count as an initial severance payment even though the agreement and real payments didn’t begin until 40 days after the last day of work? Will I have to pay back the unemployment and get a penalty? This is NY state specific.

Asked on October 28, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Outplacement is not revenue or income replacement; while it can be beneficial, it does not count as "severance" for purposes of your unemployment benefits eligibility. If you were not receiving money during that time, just outplacement, you will not have to repay the unemployment you received.

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