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Unemployment question-Severance -to tell or not?

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  • saildog
    Permanent Member
    • Apr 9, 2006
    • 2270

    #16
    Yeah, you definitely want to tell them because:

    A) To not do so would be lying and they will find that out.
    B) That letter specifically calls you in to address whether you did or did NOT receive severance pay. In other words, they probably know you have received it since you initially filed. I'm sure your former employer has sent them paperwork stating you received money for separation, thus the meeting and the letter saying this is what it is in regards to.
    C) You have nothing to fear in telling the truth because you hadn't received it when you filed. They are giving you a chance to amend the statement in light of what they probably now know to be factual. It would only get ugly if you lied because it's a good bet they already know what the truth is. At this point, they are probably giving you the benefit of the doubt for an oversight in amending a report when the facts changed.

    If I were you, I'd call before that meeting to update them on the fact you received severance. They know already and to do it before the meeting will go a long ways to getting you out from under any suspicions they might have about your willingness to be straight up about the circumstances.
    Last edited by saildog; Jul 17, '10, 9:53 PM.

    Comment

    • TrueDave
      Toy Maker
      • Jan 12, 2008
      • 2343

      #17
      Lady Zod and ScottA sound like they know what theyre talking about.

      I find playing stupid gets me a long way.

      But yeah if they straight ask you then fess up.

      They came after me years later on a disability claim on a direct deposit account i had in another state. Crazy.

      Good Luck.

      Too bad about Vegas. I heard a lot of SFX jobs were opening up there.

      Comment

      • saildog
        Permanent Member
        • Apr 9, 2006
        • 2270

        #18
        Originally posted by toysrus

        So should i mention that i received a severance check? It was only a 2 weeks severance check.

        And If i do tell them, does that mean they will cut off my unemployment for a while? For 2 weeks? I'm confused.

        Thanks
        According to Nevada Law:

        NRS 612.445 Repayment of benefits received as result of false statement or failure to disclose material fact; disqualification.

        1. A person shall not make a false statement or representation, knowing it to be false, or knowingly fail to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter, including, without limitation, by failing to properly report earnings or by filing a claim for benefits using the social security number, name or other personal identifying information of another person. A person who violates the provisions of this subsection commits unemployment insurance fraud.
        To not tell them about the severance pay would be "failure to disclose a material fact". You didn't make a false statement, but you need to disclose a material fact (the severance you received AFTER you filed). You were truthful at the time you filed, but the situation has now changed so you need to make that known, preferably before the meeting.
        NRS: CHAPTER 612 - UNEMPLOYMENT COMPENSATION

        NRS 612.420 Receipt of wages in lieu of notice; severance pay. A person is disqualified for benefits for any week with respect to which the person receives either wages in lieu of notice or severance pay.

        [Part 5:129:1937; A 1939, 115; 1941, 412; 1943, 239; 1947, 413; 1949, 277; 1951, 339; 1955, 698]—(NRS A 1977, 899)
        You can't get 2 weeks severance AND unemployment. They are calling you in to adjust that so you better just be straight up.

        NRS: CHAPTER 612 - UNEMPLOYMENT COMPENSATION

        Comment

        • livnxxxl
          Megoholic RocketScientist
          • Oct 23, 2007
          • 3903

          #19
          Originally posted by toysrus
          Thanks.

          But i file every Sunday-which is tomorrow. Shouldnt i just mention the severance tomorrow when i file every Sunday? My phone interview is for the 22nd for qustioning. I figured i would file tomorrow and mention the severance so that when i speak to this unemployment clerk they will see i already came forward with the truth. Or should i wait it out to the 22nd and mention it all then?

          Thats I need is for them to cut off my unemployment.

          Damn Cobra health insurance is hurting us enough-900 a month!

          Dont move to Vegas- lay offs everywhere!

          We can barely make our mortgage and eat!
          I do regret to hear of the bad news. My gf and I really enjoy visiting Vegas quite often . From the outside looking in it would appear that most all of the places would be booming there. As far as Casino's are concerned any way. My gf and I even talked about moving there some time in the future perhaps.

          Best of luck to you and I do hope that everything works out well for you and your family real soon.
          Enjoy what you like, and let others enjoy what they like. (C) Azrak 2009

          Too much space. Need more toys!



          Check out the ever growing Mego like sized vehicles data base.

          Comment

          • toysrus
            Persistent Member
            • Aug 23, 2007
            • 1247

            #20
            Whats up guys. Its 1:30pm here in Las Vegas. I filed my Sundays claim for unemployment , put in the severance and it went through, but at the very end a box popped up saying- you are needed for questioning- call the unemployment office before July 21 2010 to answer unemployment questions.

            Not much I can do now, but call them tomorrow( Monday).

            Sucks if they cut me! I guess if they do, i have to appeal.

            Thanks

            The Stress of life!!!!

            Comment

            • jimsmegos
              Mego Dork
              • Nov 9, 2008
              • 4519

              #21
              since you told them about the severance you should be fine... they'll just hold out paying you for that two week period. If NV is like AR that is. Considering most umeployment situations are similar under federal law it should be okay.

              Good luck, keep your head up and know that it does get better. Not in a very big damn hurry though. I think we can all relate right now.

              Comment

              • saildog
                Permanent Member
                • Apr 9, 2006
                • 2270

                #22
                Originally posted by toysrus

                Not much I can do now, but call them tomorrow( Monday).

                Sucks if they cut me! I guess if they do, i have to appeal.
                I don't think they will cut you, my friend. Things just changed since you filed, that's all. You won't get benefits for the two weeks the severance covers, but I'm sure it does not disqualify you from benefits after that. Just think of it as severance in lieu of unemployment and when that period is over, it will kick in.

                Comment

                • BlackKnight
                  The DarkSide Customizer
                  • Apr 16, 2005
                  • 14622

                  #23
                  In Washington ...
                  They made my Old Lady pay them back, outta each future check, until it was paid for.
                  ... The Original Knight ..., Often Imitated, However Never Duplicated. The 1st Knight in Customs.


                  always trading for Hot Toys Figures .

                  Comment

                  • SeattleEd
                    SynthoRes Transmigrator
                    • Oct 24, 2007
                    • 4351

                    #24
                    ^^ Yup, you have to disclose it from the get go.
                    My last job I got 6 months severance and reported it immediately. Glad I did since I got UI after a month. Luckily for only a couple of weeks then got another job.

                    Keep in mind, if you don't disclose it, they WILL find out.
                    I dated an AP person and she filled me in that it all gets reported so best not to lie because it will come up now.
                    As for TRU, don't worry. I went through the same interview process and hopefully you will get someone nice that will understand. This guy helped me out and explained everything to him. Got my UI. Of course this was before the big recent "recession" I hear they are being vigilant about this area. Just be honest. Don't mess with the UI and IRS.

                    Comment

                    • toysrus
                      Persistent Member
                      • Aug 23, 2007
                      • 1247

                      #25
                      Thanks all.

                      I cant afford to lose these checks. But now i'm wondering if i should mention that i have a health condition? I'm not on disability, but i do have a seizure disorder. Due to these seizures i have a short term memory problem. Should i bring that up?

                      I claimed all my severance today, technically the only day i failed to claim was Sunday july 11th. Honestly i forgot. I remembered the very next day-monday, i tried to edit online, it wouldnt allow. I even called them like 15 times, always got a busy signal. So i did what i planned and claimed the severance today. Problem is i recieved that letter saying i lied Yesterday-Saturday. I'm calling Unemployment tomorrow , but my big interview day with them isnt until Thurs the 22nd.

                      The worst part is the wait! Thurs seems to far off!!!





                      Originally posted by ealdrett
                      ^^ Yup, you have to disclose it from the get go.
                      My last job I got 6 months severance and reported it immediately. Glad I did since I got UI after a month. Luckily for only a couple of weeks then got another job.

                      Keep in mind, if you don't disclose it, they WILL find out.
                      I dated an AP person and she filled me in that it all gets reported so best not to lie because it will come up now.
                      As for TRU, don't worry. I went through the same interview process and hopefully you will get someone nice that will understand. This guy helped me out and explained everything to him. Got my UI. Of course this was before the big recent "recession" I hear they are being vigilant about this area. Just be honest. Don't mess with the UI and IRS.

                      Comment

                      • toysrus
                        Persistent Member
                        • Aug 23, 2007
                        • 1247

                        #26
                        Update - Thursday the 22nd

                        Just dodged a bullet. Well its thrurs the 22nd. I just got off the phone with the unemployment judge, she was nicer then expected. She said i wont collect checks for 2 weeks, after then the checks will resume. I'm in the clear, next 2 weeks will be tight.No money! Guess we will be eating Spam for 2 weeks. Unless you guys send me cash or food -lol

                        Be careful everybody. The economy is worse then they say. 3 weeks ago i was living life fine and dandy. Now i'm out of cash,food and have a family to raise. Tough, tough times.

                        I have no choice but to sell off some toys, or all!

                        Thanks

                        Stay safe

                        Comment

                        • Adam West
                          Museum CPA
                          • Apr 14, 2003
                          • 6822

                          #27
                          You did the right thing. If there is any positive out of it; the 2 week severance should extend your unemployment benefits by two weeks if there is a long stretch without work.

                          Try to look for ways to cut down on the medical costs. Just as an example, your health insurance may allow you to get a 3 month prescription on your medication through mail order but you may only have to pay a 1 month co-pay.

                          I was laid off once and I remember that I was lucky enough to get 3 months severance. It happened 5 years ago but I seemed to remember that when I called unemployment, they still sent me unemployment checks even though I disclosed that I had received severance. Luckily I landed a job in one month that was closer to home and at a higher salary than what I was previously making so I was able to bank the rest of the severance since it wasn't contingent on me getting another job or not. I do remember calling unemployment immediately and telling them that I had a new job and what I would need to do to close the claim. They were very nice about it and actually thanked me for the honesty all the way. Hopefully, the same will happen to you. Don't leave any rock unturned and reach out to all of your contacts. I just stumbled on my job by looking at an online classified section of a newspaper (I have no idea why I even bothered looking there since job openings are rarely seen in newspapers anymore) but I spent hours each day and just looked everywhere. Best of luck.
                          "The farther we go, the more the ultimate explanation recedes from us, and all we have left is faith."
                          ~Vaclav Hlavaty

                          Comment

                          • steelcouch
                            Career Member
                            • Feb 11, 2006
                            • 867

                            #28
                            Sorry to hear. Im am in a similiar boat. I was on disability leave for knee surgery when my employers office cohursed me to return to work ahead of time so I wouldnt loose my medical insurance. I rushed my therapy sessions and asked for the ok from the doctor. Went in to work to hand them the paper of my full release and they said sorry work has been slow and they were gonna lay me off till work picked back up again. My wife is 4 months pregnant and was told our insurance went into cobra the day I was laid off. They want $1049 a month and it dont look like thats gonna happen anytime soon. Were looking into other medical venues for insurance and after I was laid off my employer happened to mention that there was a new Obama law that was in effect saying the employer has to pay 65% of cobra and we had to pay the rest. Seems like most employers now a days are resorting to very cut throat practices. I made the call for some legal advice but dont know if I want to further it since my employer does seem legit on calling me back to work soon in the next few months. Im not waiting around to find out if they do and have been looking for a better job every day. I feel your pain. I am still on the waiting time for the first check to arrive and I also messed up and filed on Sunday which wouldnt let me change the date for Monday. That was the date on paper I was getting laid off and have now caused myself another weeks waiting period from that little mistake for a phone interview. Life gets better I was at my worst the first week. Seemed like all of my problems didnt seem to end but they did. I am more at ease with what happened and have found other outlets and answers to some of the problems. Hang in there!
                            Last edited by steelcouch; Jul 22, '10, 2:44 PM. Reason: add

                            Comment

                            • ScottA
                              Original Member
                              • Jun 25, 2001
                              • 12264

                              #29
                              I know all too well your situation. My unemployment ran out the beginning of June. Zero money coming in since. Toys on the block? If things don't change soon they will be.
                              sigpic WANTED: Boxed, Carded and Kresge Carded WGSH

                              Comment

                              • toysrus
                                Persistent Member
                                • Aug 23, 2007
                                • 1247

                                #30
                                Didnt they ok the unemployment extension? Wouldnt you qualify?




                                Originally posted by ScottA
                                I know all too well your situation. My unemployment ran out the beginning of June. Zero money coming in since. Toys on the block? If things don't change soon they will be.

                                Comment

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