My employer upon terminating my employment for no casue chose to distribute my severance package...
over a 13 week period instead of a lump sum as they had indicated. According to the Adminsitrative Law Judge, I am ineligible for unemployment because the severance package was paid out over 13 weeks. I'm filing for the Board of Review now. Can the employer choose to distribute a severance package over weeks to avoid paying unemployment???
You should have recieved an employee handbook or company document that explains how your severance package can be distributed. Look at the material that you recieved during your employment, the answer should be there.
You should be eligible for unemployment after the 13 weeks. Unemployment varies from state to state but if you were terminated without cause you should be eligible.
Yes. The employer can pay a severance package out over several weeks or months and render the recipient ineligible for unemployment benefits for that period. And an employer can even pay the severance benefits in a lump sum and "allocate" the amount over a period of weeks, IF, the recipient is informed at the time of acceptance of the severance package that the lump sum is being "allocated" over a period of weeks or months. (In Michigan.)
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