HP3000-L Archives

February 2005, Week 2

HP3000-L@RAVEN.UTC.EDU

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From:
Michael Berkowitz <[log in to unmask]>
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Date:
Thu, 10 Feb 2005 11:46:34 -0800
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Ray Shahan writes




After she uses up the 20 + million she got as severance, can she apply for
unemployment?
-----------------------------------------------------------------------------------------
She doesn't have to wait.  California unemployment does NOT count
severance pay as a disqualification to receiving unemployment.  However
severance pay cannot allow you to function as a quasi-employee.  This
means vacation, sick leave, 401K, disability benefits, seniority cannot
accumulate by getting severance.  Severance can be paid as a lump sum, or
at normal pay intervals, and can cover health insurance.  How would I
know?  Went through it myself last year.

As far as quit versus fired goes, this is an irrevelant discussion.  What
counts in California, is who initiated the involuntary separation of the
employee from the business.  Obviously if was HP, not Carly.  As long as
she was not let go for gross cause (theft, insubordination, etc.), she
should be eligible for unemployment.  I would assume a difference of
opinion of how the company should be managed doesn't fall under firing for
cause.

Michael Berkowitz / Project Manager
CGS / BlueCherry
213 614-1300 x269
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