was laid off late February 2018 and employer instead of lump sum severance kept me on payroll for 6 months. While receiving the monthly payments I have applied to over 160 jobs and have no offer of employment. Was told I could not apply for unemployment u

Was laid off late February 2018 and employer kept me on payroll for 6 months, rather than giving me a lump sum severance. Have applied to over 160 jobs with no offers. Was told I could not apply for New York State Unemployment until after the last payment is received. Can I apply to New York now? I am still applying to jobs.

1 answer  |  asked Sep 9, 2018 09:58 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Apply honestly! Tell DOL exactly what happened. You were fired or laid off whatever they told you or wrote you exactly as they communicated it to you. Do not alter what they actually told you.

Fully disclose that you have been paid you for 6 months and totally disclose all money from anywhere which you have received for the last 6 months. This is NY. Not cheap to live here. The DOL knows people do all kinds of things to survive. Tell them how you have survived or prepared to survive in the future.

Do it quickly because your severance is taxed but you do not receive credit for severance payments as earnings so do not pretend it was regular wages. It was not and tell DOL that regardless of what the employer may tell DOL. Do not participate in anything but the truth.

You can not collect benefits while salary is being paid as severance. You should qualify now unless you have done something like start your own business, earn money you have not disclosed, etc... any fraud or misrepresentation by you to DOL will not turn out well. They will find out now or later; maybe 5 years from now as I have witnessed.

posted by V Jonas Urba  |  Sep 9, 2018 10:59 AM [EST]

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