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Loren
Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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Hi. If a company is relocating and offeres a severance package

Customer Question

Hi. If a company is relocating and offeres a severance package to those who are let go, can they still collect unemployment right away or AFTER their severance runs out. How does that work ? Thank you.
Submitted: 12 months ago.
Category: Business Law
Expert:  Loren replied 12 months ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Under Florida law, if a claimant’s severance pay per week is equal to or greater than the claimant’s weekly benefit amount, the claimant is not entitled to benefits for that week. Severance pay does not impact the total amount of benefits that could be paid on a claim; however, severance pay is now considered disqualifying income to the extent that it is equal to or greater than the claimant’s weekly benefit amount.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

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Thank you.

JudgeLaw
Customer: replied 12 months ago.

Thank you. Once severance runs out, can the person then apply for un-empoyments. What are the limits and timeline to qualify. Thanks again


 

Expert:  Loren replied 12 months ago.
Thank you, XXXXX XXXXX following up with me.

Yes, you can apply online. In Florida, your weekly benefit amount is calculated by dividing your total earnings for the highest paid quarter of the base period by 26, up to a current maximum of $275 per week.

Benefits are available for up to 26 weeks. If you are still unemployed when your regular state benefits run out, you may be eligible for Emergency Unemployment Compensation. These additional programs provide up to 73 weeks of additional benefits.

I hope this is helpful.

Thank you.

JudgeLaw
Loren, Attorney
Category: Business Law
Satisfied Customers: 20327
Experience: 30 years experience representing clients .
Loren and 9 other Business Law Specialists are ready to help you
Expert:  Loren replied 12 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
          

Best wishes and good luck to you.

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Customer: replied 10 months ago.

After my severance runs out, which is 26 weeks, ( been with the company a long time) how do I qualify for the emergency unemployment AND will my tiny pension of 400.00 a month affect the amount they would allow.


 


Thank you so much for helping me understand all this.


 

Expert:  Loren replied 10 months ago.
Hi Chuck.

This is from the Florida Dept of Economic Opportunity website and I think it provides the info you are seeking:

Emergency Unemployment Compensation (EUC) is available to claimants who exhausted all entitlement to regular benefits. In Florida, eligibility is based on three tiers of benefits. The last week an individual can receive EUC under any tier is the week ending December 28, 2013.

The EUC program has changed several times since its first enactment in 2008. For several years prior to 2013 EUC benefits were broken into four tiers or levels of eligibility. In Florida EUC is currently available in three tiers of eligibility.

EUC Tiers I and II currently provide 54 percent of the amount of an individual’s state claim. EUC Tier III provides 35 percent of the amount of an individual’s state claim. However, as of May 26, 2013, Floridians receiving or who become eligible to receive EUC Tier III benefits will be affected by federally mandated budget cuts known as sequestration.

As a result of sequestration, the U.S. Department of Labor is requiring a reduction of EUC payments between May 26 and September 28, 2013. In order to comply with this federal mandate, Florida is required to reduce the EUC remaining entitlement for all EUC Tier III claimants to three weeks or 15.79 percent of their regular state claim entitlement, whichever is less.

Individuals who have already received EUC Tier III equal to this amount by May 26, 2013, will not be entitled to additional benefits unless they qualify for a new regular claim or have eligibility in another state.
Individuals currently claiming EUC Tier III benefits on or after the week ending June 1, 2013, will be mailed a recalculation of the initial EUC Tier III monetary determination.
Individuals who have not yet established entitlement to EUC Tier III benefits but who do so between the week ending June 1, 2013, and the week ending September 28, 2013, will be mailed a determination of entitlement reflecting the amount of benefits payable through the week ending September 28, 2013.
The U.S. Department of Labor has not yet advised the status of EUC Tier III entitlement after the week ending September 28, 2013.

In order to be eligible for EUC, your final regular reemployment assistance benefit payment must be for the week ending December 21, 2013 or earlier. If you qualify, an EUC claim will be filed automatically and a determination letter will be sent to you within seven days after you have been paid your last weeks of regular reemployment assistance.

If you have been receiving EUC benefits and you received a final payment notice for EUC Tier I or II, you will be mailed a determination letter of monetary entitlement for your next tier of eligibility and will automatically be enrolled into Tier II or III. However, the last week payable on the EUC program is the week ending December 28, 2013 regardless of any benefits remaining on the claim.

If you did not receive an EUC determination letter within seven days after you claimed your last weeks of regular state benefits, contact us at 1-800-204-2418, press option 2 for assistance.

I hope this is helpful.

Thank you.

Loren
Customer: replied 10 months ago.

So after this month they will announce how it will continue. Hmm. I won’t need it for another 26 weeks. I hope it is still there at that time. What do you think they will do ? Any thoughts !

Expert:  Loren replied 10 months ago.
In order for extended benefits to continue through 2014, Congress will have to pass legislation approving an extension. What typically happens, unfortunately, is that legislation isn't passed until late December, leaving everyone collecting benefits worrying about what will happen to their unemployment compensation.

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