Unemployment Compensation Eligibility

[ivanl3]

What is the name of your state (only U.S. law)? PA

If an employee is laid off in PA and receives the following severance package, can she still collect Unemployment benefits? You can assume all other Unemployment eligiblity requirements are met: 52 Weeks of base salary, 4 weeks of vacation pay, $5K (intened to hekp offset the costs of COBRA put paid as a straight cash payment that the employee can do with whatever she wishes). The severeace package does not include any portion of her incentive compensation which usually equeates to about 60% of her base salary.

If she is eligible, when can she begin collecting? How long can she collect? How much can she collect? I know this last question is dependent on her income. What is the formula used for this calculation and is it based only on base salary or does incentive compensation factor in too?

 

[ecmst12]

In most states, UC eligibility begins when the severence period ends. However a friend of mine who was recently laid off told me that if the severence is paid in a lump sum, you can start collecting right away. You can always apply though, just be completely honest on the application and let the UC board figure it out.

 

[ivanl3]

In most states, UC eligibility begins when the severence period ends. However a friend of mine who was recently laid off told me that if the severence is paid in a lump sum, you can start collecting right away. You can always apply though, just be completely honest on the application and let the UC board figure it out.

I am only asking for PA, not other states. I know the UC board will make the final determination and of course she will be honest on the application. What she is trying to do is plan as best as she can w/ as much accurate information as possible. I will try call the Unemployment Office to see if they can answer me. I tried browsing their website but was not able to find my answer.

 

[cbg]

The best way to get the answer to your question is for her to file for unemployment and see what they say. Who does and does not get unemployment is very state and situation specific and no one here could give you anything more than a guess.

 

[ecmst12]

I am only asking for PA, not other states. I know the UC board will make the final determination and of course she will be honest on the application. What she is trying to do is plan as best as she can w/ as much accurate information as possible. I will try call the Unemployment Office to see if they can answer me. I tried browsing their website but was not able to find my answer.

If you look at my location, you will see that I am in PA

 

[ivanl3]

The best way to get the answer to your question is for her to file for unemployment and see what they say. Who does and does not get unemployment is very state and situation specific and no one here could give you anything more than a guess.

She cannot apply b/c she has not been laid off yet. She is trying to find out in advance so she can plan accordingly. I will call the state to see if they have an answer. I am surprised a PA based employement lawyer would not know....Oh well.

 

[ecmst12]

What ever gave you the idea that I was an employment lawyer? I just live here, and I know a bit about employment law. And I just had a conversation with a friend about this topic last weekend.

 

[ivanl3]

What ever gave you the idea that I was an employment lawyer? I just live here, and I know a bit about employment law. And I just had a conversation with a friend about this topic last weekend.

I did not think you were a lawyer. I had no idea what you were. I was referring to the comment taht "no-one here could give me anything more than a guess". I figure some employment lawyer, not you, might browse this baord and offer and answer.

 

[cbg]

You're assuming that there is an across the board, accurate in all circumstances, black and white, yes or no answer.

While I realize that you are only interested in PA, I offer the law in my state as an example of why you are unlikely to get the firm response you are looking for from anyone, even if by some quirk of fate a PA employment lawyer happens across the board and is moved to answer your question.

In my state, the answer to your question would be, maybe. It would depend on whether or not she had to sign a waiver to get the severance and, if I remember correctly, how the severance is paid out. I have some experience with PA unemployment and it seems to me that they had a similar qualifier.

Might I suggest that if it is so important to her to know the answers before she is even laid off, that she spend some time on the state UI website instead of expecting strangers on the internet to do her research for her?

 

[ivanl3]

You're assuming that there is an across the board, accurate in all circumstances, black and white, yes or no answer.

While I realize that you are only interested in PA, I offer the law in my state as an example of why you are unlikely to get the firm response you are looking for from anyone, even if by some quirk of fate a PA employment lawyer happens across the board and is moved to answer your question.

In my state, the answer to your question would be, maybe. It would depend on whether or not she had to sign a waiver to get the severance and, if I remember correctly, how the severance is paid out. I have some experience with PA unemployment and it seems to me that they had a similar qualifier.

Might I suggest that if it is so important to her to know the answers before she is even laid off, that she spend some time on the state UI website instead of expecting strangers on the internet to do her research for her?

1.) A waiver is required.
2.) Payment is lump sum at the time of termination.
3.) She had NO expecation that anyone would have an answer for her on this board. She continues to seach PA's UI website and to call their office (busy signal day long). I offered to give this board a shot. I kow it is tough to keep these threads on topic and to get people to answer the specific question posed, so I figured the chance was very slim. Most like to go down rabbit trails or chastise the questioner, but given her circumstances, I told her I would try.

So bottom line is that all my original questions still stand. If anyone one knows that actual answers, I would greatly appreciate your insight. If there is additional info needed to answer my original questions, I will do my best to supply. Thanks.

 

[cjflem]

Unemployment Compensation In PA

You are probably no longer on here and will not receive this message since your posting was way back in July. but, if you ever did get an answer to eligibility with severance please let me know. I can't find the answer either - human resources says yes but what I can tell of the UI website for PA it says only if it is a lump sum severance payout and the UI benefit will be offset based on how much. I will be receiving a severance that will be paid biweekly like a salary - for 20 weeks. I don't think I will be eligible for UI until the severance runs out but human resouces at my company said we would be eligible. It's so confusing.

 

[ecmst12]

If you are getting paid as if you are still employed, then you have to wait until severence runs out before you can start collecting UC.