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Old 10-20-2014, 10:05 AM
 
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A friend has 25 years at a company that is being taken over... the talk is some employees will be offered 1 week severance for each year worked.

Is there a downside to this as in filing for unemployment?

Also, does it matter for tax planning if it is a lump sum or paid out over time?
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Old 10-20-2014, 10:07 AM
 
Location: IGO CA
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May depend on what state, but when my husband was laid off, he got such a severance and it ran concurrent with his unemployment. It had no impact on it at all.
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Old 10-20-2014, 01:04 PM
 
Location: OH>IL>CO>CT
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RE UI vs severance, it varies by state, Here is what CO says at https://www.colorado.gov/pacific/cdle/wage-information

"Vacation, Severance, Pension or 401(k)

If you received vacation, severance, pension, 401(k), or some other form of payment from your employer as the result of your separation, this may reduce or delay your benefit payments. You will receive a Notice of Decision if this happens.
For example, if you receive vacation pay because you were separated, your claim will be delayed for weeks equal to the amount of the payment you received. This delay begins the week you become eligible for benefit payments."


Also, a lump-sum payout could have negative tax implications since the payout would be taxed all in the same year. Possibly pushing you into a higher tax bracket. Especially if paid late in the current year. If lump is paid next year, then it is only a problem if he finds a new job early in the year. Effectively getting paid twice for 25 weeks.


You should consult a tax professional as there are other variables to consider.

PS there is a sub-forum for Unemployment issues at http://www.city-data.com/forum/unemployment/

Last edited by reed303; 10-20-2014 at 01:06 PM.. Reason: PS
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Old 10-20-2014, 06:38 PM
 
Location: OH>IL>CO>CT
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Here is a webpage that explains severance issues in more detail.

Will My Severance Package Affect My Unemployment Benefits? | EmploymentLawFirms.com
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Old 10-20-2014, 07:17 PM
 
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Appreciate all the replies and will pass on the information... She is in California.
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Old 10-21-2014, 01:22 AM
 
Location: Las Vegas, NV
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As for the lump sum vs paid over time, beware of IRS Regulation 409A regarding deferred compensation. This is tricky stuff and violating it can result in harsh tax consequences.
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Old 10-22-2014, 07:58 AM
 
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As other posters are saying, it really depends on the state. Where I am, it makes more sense to file for unemployment after the severance runs out.
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