So when I was told that I was being laid off, I was told that I would receive 8 weeks of severance. I immediately asked my HR rep if I could receive severance and unemployment insurance at the same time and she said, "No because this is considered income." SO I then went online to Mass.Gov and immediately read that severance is typically considered income, but if you signed a release of claims, it would not be disqualified. Admittedly, I didn't understand what that meant. I saw that severance is considered income, so I figured that my employer was correct in what they told me.

Anyway, it has been 8 weeks since I was officially considered unemployed, so I filed today as I was supposed to do, since my severance has run out. Then I just found out that I was actually eligible for unemployment this whole time. What I signed was not called a release of claims. It was just a covenant not to sue.

Anyway, so now I'm upset. I'm out 4800 and I'm running out of money. I was told that I could file a claim but it wouldn't result in a decision for up to 8 weeks and I won't receive any unemployment insurance until the decision has been made.

I guess what I'm asking is - should I file and what do you think my chances are in getting a retroactive payment? Should I write a letter or just let them do it by phone? I'm SO upset. I can't believe I could have had this much money in my bank account. On top of that I am signed up with 3 freelance/job finder agencies and have been actively searching for work and I still can't find anything.

I just can't catch a break.

I don't know what you are upset about. It just means that the 8 weeks of unemployment is still going to be paid to you and that you will still have 26 weeks of UI. Either way, you will have to wait just like everyone else for the UI to kick in. You will have to wait one week (in most states) as unpaid and then when the determination is made you will receive all the weeks' UI that is coming to you from the time you applied after your sevrance ran out. Most, if not all people who are laid off do not get any severance whatsoever and are just literally without funds or income until the UI kicks in sometimes 4 weeks later.

Could it be that I am complaining because I DON'T KNOW if I will get all of the unemployment I am applicable for. AND because now I have to wait 8 more weeks to even collect ONE check, and I can't afford to wait 8 more weeks. Hmmm. I don't know. Maybe I put this in the legal forum because I wanted an actual LAWYER to answer the question... not some silly person with a silly opinion that I couldn't care less about?

If there is an actual LAWYER out there, could you please tell me if I have a chance to collect those 8 weeks I was eligible for? Because if not, I need to put food on the table now.

Thanks!

Hello S:

Nahhhh. We don't have lawyers here. We can't afford 'em either, so you're stuck with us.

I think you have a very good chance at getting your back unemployment. But, I don't think there are any guarantees, and I don't think you have a case against your former employer.

You DO have a couple levels of appeal if they DENY your claim... But, the employment people generally come down on the side of the UN employed rather than the ex employer.

That's the best we can do, cause that's all there is.

excon

You stated that you finally filed the other day. The UI benefits would not be retroactive in any case from the date you were officially out of work. The UI benefits will be paid from the date you filed your claim.

And as far as not caring, you are wrong on that aspect. I do care otherwise I would not be on AMHD answering people's questions for free as we are all volunteers on this site and receive no compensation whatsoever.

The state is going to adhere with their rule of you don't collect benefits for weeks you did not file for so your 8 weeks of collecting severance and not filing for UI is what they will go by. Don't hold your breath about them paying the weeks that you did not file for. It would make no sense whatsoever if they actually did as this would go against their agency policy to do so.

This apparently is a new experience for you - collecting unemployment. I certainly hope this is a learning experience for you as well.

Not to lecture - but you should have used whatever monies your severence pay very sparingly knowing that this would be your only income for awhile. And the $600 a week UI benefit is extremely generous ($4,800 divided by 8). A lot of states have a maximum benefit they pay per week and it's a heck of a lot lower than $600.

If you do need food to put on your table may I suggest you go down to the local Food Stamp agency in your town/county and sign up now so at least your family will have something to eat? Depending on the size of your family you will get adequate food stamps to purchase food for the month. Your family won't be eating high off the hog, but will be able to survive until you UI kicks in.

I did the same thing. I was told you coudnt collect both so I waited 6 weeks before filing for unemployment. Now I find out that I could collect both because I signed a release of claim form. I tried to request claim get predated but was denied .