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About Thomas R. Ballas
Expertise
I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.

Experience
I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.

Education/Credentials
BA in Psychology, PHR and SPHR Certifications.

 
   

You are here:  Experts > Business > Corporate Law > Employment Law > recieveing severance & 60 days payroll

Employment Law - recieveing severance & 60 days payroll


Expert: Thomas R. Ballas - 11/5/2009

Question
I was laid off on October 27th, 2009.  I was given an exit interview and received a "Separation Summary Sheet".  The sheet stated I will recieve severance pay and 60 days payroll.  I was told to return all company belongings, to not get back on my computer and would have to leave the office, so my boss could give the announcement that my position has been terminated.

I immediately filed for unemployment.  In my interview, I was asked if I have received and severance pay.  I reported the severance pay and 60 day payroll.  Unemployment stated that I will not have to claim the 60 day payroll, because it is part of severance and not current serviced rendered.  

A couple days later I recieved a 10 page legal package from my former company.  It stated that my employment "ended" on 10/27/09 and I will remain on payroll until my "termination date" of 12/31/09.

I am confused as to if I am terminated and will I be penalized for not claiming these wages for unemployment purposes.  Thank you so much for advice. Its nice to know there are people like you willing to help out, when times are tough.

Sincerely,
Sherry Mosher  

Answer
Sherry:

My experience with unemployment comp is limited, but here is what I think.  Usually if you get any kind of severance, your eligibility for UC does not start until the real time for the pay is exhausted.  As example, if you get 4 months pay, you are not eligible for UC until 4 months passes.

To be safe, I would take my release info from the company to the UC office for their review.  The last thing you want is to draw money from UC, then have them try to reclaim it from you.


Good luck.

Tom Ballas

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