Am I disqualified to apply for unemployment in the week of my last severance?

UPDATED: Oct 1, 2022

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Am I disqualified to apply for unemployment in the week of my last severance?

My last severance pay falls on a Monday I was paid in 2 week intervals which reflects how I previously was paid my salary. Can I then go ahead and apply for UI on Tuesday for that same week last severance on Monday/UI application on Tuesday? I read on my state’s UI information website that people who earn more than $425 gross are not eligible for UI. My severance pay exceeds $425.

However, the last severance pay that happens to fall on a Monday actually is the pay for the 2 weeks prior to that Monday/it just falls on a Monday. In other words, if I am not eligible to apply for UI that same week, I would have effectively no money from Tuesday to Sunday of that week since the severance was for the 2 weeks before and I would not be receiving any UI benefits.

Asked on April 30, 2018 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, eligibility for UI depends on weekly, not daily, earnings, so as to avoid people "consolidating" all their work or pay into one day and still getting UI for the other four, even though they had made too much on that one day to qualify. If you earned in excess of the allowable amount on Monday, you'll need to wait until the next week.

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