Unemployment Compensation
questions & answers
Question: I was laid off and filed for UI April, 2011. I received a Severance Package from my employer that payed me my salary for a period of 7.25 months in a lump sum. Unemployment originally approved me receiving UI Compensation in April 2011. They reversed their decision when I applied in November 2011 for Federal extension. They based the reversal on ARS 23-621 and A.A.C. R6-3-55460 B. DES contends these codes deny UI for anyone while they receive Severance. They do not. Please take a look. My sorting out of the mess my claim is in continues to this day. I was referred to you by Channel12
Answer:
Generally, a severance package will disqualify an individual from receiving unemployment because it is viewed as income for a given amount of time. Per ARS 23-621(C): “An individual shall not be deemed "unemployed" if the individual is receiving wages in lieu of notice, dismissal pay or severance pay.” The entire statute is available for reference here (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/23/00621.htm&Title=23&DocType=ARS). However, you may still qualify for unemployment, depending on the terms of this severance pay or provisions of any employment contracts.
Due to the specific nature of the dispute, only an attorney can determine what benefits you are eligible for under Arizona law. To find out how the law applies to a specific situation, contact an attorney directly
QUESTIONS
-
I was laid off and filed for UI April, 2011. I received a Severance Package from my employer that payed me my salary for a period of 7.25 months in a lump sum. Unemployment originally approved me receiving UI Compensation in April 2011. They reversed their decision when I applied in November 2011 for Federal extension. They based the reversal on ARS 23-621 and A.A.C. R6-3-55460 B. DES contends these codes deny UI for anyone while they receive Severance. They do not. Please take a look. My sorting out of the mess my claim is in continues to this day. I was referred to you by Channel12
STORIES
-
If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
-
I just helped my mother, age 89, deal with her Medicare HMO. . .
-
He told me that I could actually get all the money I needed by using my home as collateral. . .
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
YOUR FEEDBACK IS NEEDED
- Let us know how we are doing! Please take a couple of minutes to fill out our survey.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Maricopa County Regional Homeless Court
View full description - Arizona Community Action Association
View full description - DNA - People's Legal Services, Inc., Flagstaff
View full description - Catholic Charities - Central & Northern Arizona
View full description - Quilt Modest Means Program
View full description