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Old 01-14-2009, 08:20 AM
 
1 posts, read 34,748 times
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Default Unemployment benefits - Can you get back pay?

I was laid off 6 weeks ago with severance. I asked my employer if I could receive unemployment benefits at the same time as the severance and they said no. I could file after the severance ran out.

I just found out that they were wrong and I should have filed 6 weeks ago. Because I signed a release, I could have been receiving both unemployment and severance. Is there anything I can do? Is the company responsible for giving me bad info? Can I get back pay?
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Old 01-14-2009, 02:04 PM
 
Location: Metrowest, MA
1,815 posts, read 7,535,461 times
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How did you find out?

My understanding is you can file... but MA will not pay you until your severance run out. It will take a few weeks before you get your check. You also need to take some classes to be eligible.
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Old 01-14-2009, 06:57 PM
 
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Default Unemployment/severance

One of the questions you have to answer when you sign up for Unemployment is how much severance you already received, or expect to receive from your company. I believe that there is a difference between "regular severance--what the personnel manual says you get if you are laid off" and "enhanced severance--extra $ that the company offers you in exchange for a release of claims". In those cases, the "standard" severance portion, usually a certain number of weeks of pay based on length of service, is the part that the Unemployment Office factors in. For example, if you received 4 weeks of salary as your severance, you would not be able to collect unemployment for those 4 weeks. However, it is my understanding that if you received an "enhanced" benefit that you normally weren't "entitled" to by your personnel manual (example: 5% of your salary), the "enhanced" part of the severance would not count against your unemployment claim. (Please note that I am not an employment lawyer, nor do I work for Unemployment so you'll need to research this further.) Good luck!
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Old 01-14-2009, 09:40 PM
 
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Hello,

I signed a release to receive severance, and I am able to receive unemployment at the same time as the severance due to signing the release. However, I do not believe that unemployment would be retroactive for you going back to when you were first unemployed, however, it is worth asking about when you file.

On a side note, I had no luck filing by phone, I had to go to one of the Unemployment offices (and I had to get there before they opened). Also, if they back date one week (which they did for me,,,,,,it took me a week to succeed at filing), make sure you file your weekly claim right away (during the week that you filed as opposed to waiting until Sunday), otherwise, you will have to go back into the office and reinstate your claim (this happened to me!).

Good luck!
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Old 01-15-2009, 11:39 AM
 
967 posts, read 3,233,585 times
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Explain the situation to the Dept of Unemployment. They can have a manager evaluate whether to allow approval for back pay. If you signed a release to obtain the severance pay you are still eligible for unemployment for that time period. The question is whether they'll allow you to file for this retroactively. My understanding is that they have some flexibility to do so.

Best of luck!
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Old 04-02-2009, 05:04 PM
 
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Hi. I'm wondering what happened with this? I am in the EXACT same situation. They told me it would be up to 8 weeks to review my claim - during which time I would not receive any benefits at all. Meaning no income for me - my severance ran out already. What happened? Any advice? I thought I was alone in this.
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Old 11-04-2011, 09:16 AM
 
1 posts, read 17,657 times
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i dont know if i can get backpay or not,i went to the unemployment office and they told me what i was eligable to recieve each week,but i didnt continue with the process after i left the office,they said i would have to keep filling somthing out online like once a week till i was approved or somthin.I dont know what to do,do i need to go apply again or what?
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Old 11-04-2011, 01:24 PM
 
Location: Wisconsin
13,615 posts, read 17,264,553 times
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What do you mean you didn't continue with the process?

You applied for unemployment. The agent told you to continue to file your claims online. You should have gone home, got online, registered at your state's unemployment site and filed your claims as instructed.

If two or more weeks have gone by since you first applied, you will need to go online to see if you can reopen your claim that way. Otherwise, visit your unemployment office again, or call them, and have them reopen your claim.

Then get clear instructions on how and when you are to claim benefits each week from now on and follow those instructions. It is very important to claim every week.
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Old 11-21-2011, 06:52 PM
 
3 posts, read 18,977 times
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i re-opened my claim on 9/22.start claiming on 10/2 and then every 2 weeks, there was an issue on claim so i have not recieved any of my 4 payments. they left me a message fri afternoon saying my weeks were released, i checked online only 1 week worth of payment is listed for 11/19 as payment date, which is still not in my bank account. when will i recieve my other back payments from 10/2, 10/16, 10/30, 11/13? called today and once again i cant get any answers from them. thank you
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Old 11-21-2011, 08:53 PM
 
Location: Wisconsin
13,615 posts, read 17,264,553 times
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Quote:
Originally Posted by fritz83 View Post
i re-opened my claim on 9/22.start claiming on 10/2 and then every 2 weeks, there was an issue on claim so i have not recieved any of my 4 payments. they left me a message fri afternoon saying my weeks were released, i checked online only 1 week worth of payment is listed for 11/19 as payment date, which is still not in my bank account. when will i recieve my other back payments from 10/2, 10/16, 10/30, 11/13? called today and once again i cant get any answers from them. thank you
Probably when the release of back payments is entered into the computer. They've made your current payment. You are in PA, I see from another thread. As they continually tell everyone, they are "swamped." You'll get your money when the computers are updated. In PA, who knows when that will be.
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