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Am I eligible for unemployment benefits immediately if I was…

Am I eligible for unemployment...
Am I eligible for unemployment benefits immediately if I was RIF'ed (reduction in force)? I'm applying for unemployment and I'm being asked if I'm receiving a severance package or vacation payout. This happened to me 8 years ago in California (I was RIF'ed) and i don't remember exactly but I believe I received unemployment immediately. Is this still true? What do I say?
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4/25/2017
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,761
Experience: More than 30 years in legal practice.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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A RIF would be a situation which would generally qualify you for unemployment. Nevada benefits are affected by vacation and/or severance. They can delay the payment of unemployment benefits but would not, in and of themselves, disqualify you from receiving benefits after the payment of the severance package. That is why Nevada is asking.

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Assume if you receive ten weeks severance, your benefits will be delayed ten weeks. Most states, if severance is paid lump sum, offset benefits only for the week paid. However, Nevada is vague on this issue. Therefore, assume a disqualification from benefits until severance is exhausted. Provided this is not more than 26 weeks severance, apply for benefits immediately.

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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,761
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Customer reply replied 1 year ago
I was released through the WARN act, does this matter? I'm suppose to receive one lump sum check, after signing a release

No, the WARN Act is an RIF and that would qualify you for unemployment.

Disclose the severance package and, assuming you are otherwise eligible, you should be approved for the payment of unemployment benefits after the severence payment.

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