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Separation Pay and State unemployment benefits? Massachusetts

On Lawyer & Legal » Employment & Labor Law

3,599 words with 5 Comments; publish: Sun, 01 Feb 2009 19:27:00 GMT; (80078.13, « »)

I'm from Massachusetts and I was laid off on 1/20/09. My official separation date from my employer was 1/30/09. Employer is giving me additional 4 weeks of separation pay, 2/27/08 will be the last separation pay. Can I file and receive Massachusetts unemployment benefits together at the same time with the 4 weeks of separation pay from my employer? I also signed and notarized the "General Release" form that was given to me by my employer when I was laid off. Is it true that as long as I signed this form, I'm able to receive state unemployment benefits together with the separation pay?

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  • 5 Comments
    • This is what Ma. says about severance pay & unemployment ins.

      Q. I am currently collecting severance pay. Can I collect Unemployment Insurance at the same time?

      A. In most cases you cannot collect severance pay and UI benefits for the same weeks. If you are disqualified from receiving UI benefits because of severance pay, your benefit year will be extended for the number of weeks for which you received severance pay. If your employer required you to sign a Release of Claims in order for you to receive your severance pay, you may be able to receive Unemployment Insurance benefits for the same weeks you receive severance pay.

      Contact your unemployment ins. office.

      #1; Sun, 01 Feb 2009 20:42:00 GMT
    • Yes, it should be - it's the standard release that companys have the employee sign when giving severance - that they won't make a claim against the co. & so on. I assume that is more or less what your general release form says.
      #2; Sun, 01 Feb 2009 23:04:00 GMT
    • Is separation pay the same as severance pay? What is the difference between separation and severance pay? I also received a document from employer showing I am allowed to get SUB payments. Can I file and get separation pay, state unemployment benefits, and SUB payments all at the same time?

      Are there any advantages or disadvantages to withhold the federal and state taxes on my state unemployment benefits payments?

      #3; Thu, 05 Feb 2009 13:36:00 GMT
    • This is what Ma. says about severance pay & unemployment ins.

      Q. I am currently collecting severance pay. Can I collect Unemployment Insurance at the same time?

      A. In most cases you cannot collect severance pay and UI benefits for the same weeks. If you are disqualified from receiving UI benefits because of severance pay, your benefit year will be extended for the number of weeks for which you received severance pay. If your employer required you to sign a “Release of Claims” in order for you to receive your severance pay, you may be able to receive Unemployment Insurance benefits for the same weeks you receive severance pay.

      Contact your unemployment ins. office.

      What is “Release of Claims”? Is this the same as the "General Release" form I signed and notarized?

      #4; Sun, 01 Feb 2009 20:55:00 GMT
    • Seperation pay, and severence pay are one in the same...

      As to receiving those payments and UI benefits at the same time....that has been answered...NoQ. I am currently collecting severance pay. Can I collect Unemployment Insurance at the same time?

      A. In most cases you cannot collect severance pay and UI benefits for the same weeks.

      Are there any advantages or disadvantages to withhold the federal and state taxes on my state unemployment benefits payments?

      Advantage to not having the taxes withheld...you have more of the money to spend now...

      Advantage of having the taxes withheld...you don't have to come up the tax money when due...

      Check with your tax advisor on how you should handle the deductions of your taxes from these benefits.

      #5; Thu, 05 Feb 2009 14:34:00 GMT