Legal Question in Employment Law in California

I was laid off and received severance until May 2010. After receiving my last check I applied for Unemployment Benefits. I was told that I was not eligible because it had been 18+ months since I worked. I filed anyway and received an UI Award letter stating my weekly and annual award. After several weeks I did not receive a check and contacted EDD for a reason. They said they would review within 28 days. After 29 days I again contacted EDD and they stated I was actually not eligible because severance is a gift and not a wage. I did not file while I was receiving my regular check because I thought I could not while I was getting paid. I paid in for over 40 years and never made a claim. I am now 61, unemployed and need a hand. Please advise on best way to SUCCEED in my appeal to EDD to reconsider and pay my benefits.


Asked on 8/12/10, 1:53 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

There are no magic hints and tips. File your appeal and tell your story. If you were given 'recurring severance' payments after termination, you were not an employee and were not working, and would have been entitled to file for EDD immediately after termination, but would probably have had the payments credited against any EDD benefits that might have been due in any given week. If you were paid 'salary continuation' then you were still 'working' and could apply for EDD when the payments stopped. Make your case as best you can. The true facts will determine the outcome.

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Answered on 8/17/10, 3:16 pm


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