Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Under Florida law UI benefits are reduced for every week that severance pay is received and is equal to or greater than the maximum weekly UI benefit. However, there is no reduction to overall benefits the worker is entitled to or the number of weeks payable. If you receive a lump sum amount and it is labelled severance pay, then generally speaking the State UI Office will calculate your normal weekly wage and divide it into the amount you received in your lump sum and that will be the number of weeks you would be subject to reduction or lack of UI benefits. If you receive your payments during your normal pay periods for XX amount of time then, assuming they are more than Florida's maximum weekly benefit, you would not receive payment from the State. The fact that you receive a 1099 makes no difference.
So, you have a choice to file now and the State will then delay your benefits until your severance pay is no longer more than your maximum weekly benefit, or you can wait until your last payment of severance benefits and file since you are only receiving benefits for a few pay periods. The State calculates your earnings for eligibility purposes based on the first four quarters of the last five quarters worked. So, even if you wait a quarter to file, you are fine. You can find more information about filing a claim by going to the following link where you will find the Claimant's Guide: http://www.floridajobs.org/job-seekers-community-services/reemployment-assistance-center/claimants/file-an-initial-claim
I realize this is a bit obtuse, but that is UI law. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you
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