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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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IF I GOT LAID OFF AFTER 24 YEARS OF EMPLOYMENT AND I HAVE A

Customer Question

IF I GOT LAID OFF AFTER 24 YEARS OF EMPLOYMENT AND I HAVE A PENSION CAN I COLLECT MY FULL UNEMPLOYMENT AS WELL AS MY SMALL PENSION?
Submitted: 4 years ago.
Category: Legal
Expert:  Legalease replied 4 years ago.

You cannot collect unemployment and a pension if they are coming from the same employer. If you are paid out a pension on the books of the company that laid you off, it appears to unemployment as if you retired from the company and you are not 100% available for work. You would be better off to collect the unemployment for a while and push the pension back a year or so if you can do so.

 

 

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Legalease, Lawyer
Category: Legal
Satisfied Customers: 14568
Experience: 15 years exp all aspects of general law
Legalease and 21 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
does this mean people who have already been getting a pension are not eligable for any unemployment?
Customer: replied 4 years ago.
if somebody is getting a pension can they get unemplyment too?
Expert:  Legalease replied 4 years ago.

You can collect unemployment compensation for whatever amount that the pension does not pay you up to what the amount of your normal unemployment check would be -- but you cannot collect 100% of both. I apologize because after 24 years of employment assumed that you will be getting a fairly decent monthly amount that would equal or exceed the calculated unemployment benefits. However, if the pension is less than unemployment, you can get the difference. If the pension was from a different employer the employee can collect both. Why the law makes the distinction between being paid the unemployment comp and the pension from the same employer I do not know, but you can review the statute yourself -- it is FL 443.011(8) and here is the link -- http://law.onecle.com/florida/labor/443.101.html

 

So, it would really do you no good to collect the pension at this time because you will lose a portion of the full unemployment benefits.

 

GOOD LUCK

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