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Can Collect Unemployment & Severance Pay?

Discussion in 'Unemployment Insurance & Benefits' started by Vincent, Feb 3, 2020.

  1. Vincent

    Vincent Law Topic Starter Member

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    Jurisdiction:
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    Hello,

    I was wondering if in the state if IL I would be able to collect Unemployment after I receive Severance pay.

    Possible Severance package my employer wants to pay me would bi-weekly for 20 weeks.

    Am I able to file for Unemployment pay as well during or after I sign the Severance agreement?

    I have read, which is just a google search that Severance pay is not considered wages, so i didn't know what my options wore.

    I meet the standard of working full time for over 15 years at this same employer. I worked enough quarters I guess is what i am trying to say.

    My position and department is being dissolved. That is the reason for the change in job status for myself and co-workers.

    Any help or clarification is greatly appreciated.

    Thanks!
     
  2. army judge

    army judge Super Moderator

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    You can file for UI.
    The state agency will decide if you qualify.
     
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  3. hrforme

    hrforme Active Member

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    since it's being paid bi-weekly, I suspect your employer will argue that it's wages over time versus a severance payment for signing a release of claims. But your state is not one of mine. I agree with applying for UI. All they can say is no. That said if you don't find another job during those 20 weeks, you should be able to get benefits once that runs out.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    If you have to sign something, make sure you read it carefully, understand it, and keep a copy permanently.
     
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  5. Vincent

    Vincent Law Topic Starter Member

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    Thank you for the quick responses back.

    Other than doing a random Google search, what type of Attorney do you believe I should search for that would be able to review this large document and give their legal opinion?

    (i.e Blank type of Attorney) Just employment attorney?

    I am not trying to negotiate a better deal, I just want to make sure the deal given is in my best interest.

    I understand a decent amount of it, but for the portion that I don't understand I want to make sure someone that is qualified gives a thumbs up before going forward with it.

    Again I am in IL.

    Thanks again for the quick responses, you all have been a huge help?
     
  6. army judge

    army judge Super Moderator

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    A general practice attorney will suffice to review the document.

    However, he or she will need to see the document to read the document to provide you with a legal analysis of the document.

    The document you signed is no longer negotiable, in fact, it was never negotiable.

    Had you refused to sign it, you would probably have initiated the termination of your employment, making the entire matter moot.
     
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  7. Vincent

    Vincent Law Topic Starter Member

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    Thank you!
     
  8. army judge

    army judge Super Moderator

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    You're welcome, get those resumes out, mate.

    You'll be surprised at ow many replies you'll get.

    Hell, mate, things are so hot out there, recruiters are even calling this old baboon.

    I smile everyday when I open my email accounts.

    Thanks but no thanks, but is flattering to still be pursued.
     

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