Conference 7.286::digital

    One person I know here in ALF was TFSO'd last Oct. and started
    collecting unemployment right away.  She received her lump sum from DEC
    and then sat home for weeks because she was collecting $200 week from
    unemployment. Maybe it depends on your state, but I thought it was all
    determined by the State from which you receive your salary - Mass.
    
    KB
    

RE: .0

State laws vary.  I worked for Vt Dept Emp Sec for six years.  You can file
even when you don't qualify ( they hate to do this - more paperwork), it is
called "pegging your benefits".  The main reason is when your job changes
and your income is going down, or a case like this.  You don't want to do
this if your income is increasing (and other reasons).
I can't remember how far into the future this goes.  You may want to peg your
benefits 26 weeks after receiving a 52 weeks lump sum for instance.

    Are former employees in Massachusetts who took TFSO eligible for
    unemployment benefits?  Do they have to wait for the number of weeks of
    pay their packages gave them?
    
    What about Digital retirees?  Can they collect?

    the law varies from state to state. I have a friend who works in NJ,
    and she began collecting unemployment right away. Only problem. When
    she filed her tax return this year, she ended up owing about 3,000.00
    in taxes from the lump sum, which put her in another tax bracket.

    
    
    ......52 weeks and still out of work...ouch. That's depressing.
    
    sad times indeed.
    
    

    Most states won't let you collect unumployment until your severance
    from DEC is exhausted. 
    
    Ken

>    Most states won't let you collect unumployment until your severance
>    from DEC is exhausted. 
    
    	So just spend it all right away!

Re: .7

Won't work. They figure out an equivalent number of weeks for the lump
sum... 

Lee

    Ken,
    	My friend was TFSO'd during the first round and was told by the
    TFSO rep that she would not be eligible for unemployment bennies until
    her DEC pay period expired.  She received 72 weeks of pay and waited 73
    weeks after being TFSO'd and could not get unemployment.  She called
    DEC and explained the situation and they basically said "sorry, we
    can't help you".
    	She is now collecting welfare and looking for work.  My advice to
    anyone who is being TFSO'd is go IMMEDIATELY to the nearest
    unemployment office to find out what you are entitled to.
    	I also heard a rumor that former employees that feel they were
    misled by "experts" regarding unemployment after TFSO were going to
    join together and file a class action suit against DEC.

    Unfortunately,if your severance from DEC is more than the standard 26
    weeks of unemployment (or has it been extended now?) states have the
    option of telling you in effect to take a hike. This is UNFAIR and most
    states don't do it. We may see more and more of this especially in
    states with high unemployment. If my state tried to pull that on me,I
    would definitely take part in a class action lawsuit. This is
    especially galling when you consider that you've already paid your fair
    share for unemployment insurance.
    
    Ken

>         <<< Note 1889.10 by CSC32::K_BOUCHARD "Ken Bouchard CXO3-2" >>>

>    especially galling when you consider that you've already paid your fair
>    share for unemployment insurance.

In most cases I've heard of (in the US), unemployment insurance premiums 
are paid by the employer, not the employee.  "Extended benefit" programs
may be tax-funded, however.

    In the long run all taxes are paid by us, the end user. They get
    pushed down the chain one way or another. Higher unemployment
    taxes could very well mean lower raises, if any, layoffs, etc.
    
    Jim C.
    

re: .11

I believe that in California there is a payroll tax on the EMPLOYEE to fund
unemployment benefits.


Bob

        
    >My friend was TFSO'd during the first round and was told by the
    >TFSO rep that she would not be eligible for unemployment bennies until
    >her DEC pay period expired.  She received 72 weeks of pay and waited 73
    >weeks after being TFSO'd and could not get unemployment.
    
    Unemployment benefits typically only last six months or less.  Do you
    think it's reasonable to pay them to someone who hasn't been able (or
    hasn't tried) to find a find for nearly a year and a half?
    
    - David
    
    

    
    >Unfortunately,if your severance from DEC is more than the standard 26
    >weeks of unemployment (or has it been extended now?) states have the
    >option of telling you in effect to take a hike. This is UNFAIR and most
    >states don't do it. 
    
    Why is it unfair?  Technically you're being paid by your old company,
    with the advantage of being able to secure other work at the same time.
    If, instead of giving you 26 weeks' pay, DEC kept you around doing
    nothing for six months, you wouldn't be unemployed, but you'd be far
    worse off.  Unemployment benefits are for people who have no income because 
    they have no job, not merely for people who just don't have a job.   
    
    - David
    

    A friend of mine who worked for Digital for over 20 years, got
    TFSO'd in December.  He got his lump sum last week.  He went to
    the Unemployment Office to see when he could open his claim.
    
    The Unemployment Office told him that he will be ineligible to
    collect unemployment benefits.  Even at the end of his severance-pay
    package, if he still hasn't found a job, they said he will be
    ineligible to collect due to a new, recently-passed Massachusetts state
    law that states something to the effect that if you receive a
    severance-pay package from your company, that you cannot receive
    unemployment benefits.
    
    This isn't a question of waiting until the end of your severance-pay
    package versus the 9 weeks; they said he couldn't collect at all.
    
    Another person he knows appealed with a lawyer and had benefits
    re-instated.  However, two other people were denied benefits even
    with appealing with a lawyer.
    
    Has anyone else heard anything about this?
    
    

    This has come up time and again. Check out topic 1889 for a start.
    
    		Alfred

    re: #2
    
    Note 1889 I don't think will apply here as this is supposedly a
    brand-new law Mass. state law that was passed in Nov./Dec.
    

re Note 2396.0 by VLNVAX::OPERATOR:

>     This isn't a question of waiting until the end of your severance-pay
>     package versus the 9 weeks; they said he couldn't collect at all.
  
        It would figure:  just as the TFSO payments approach
        insignificance, they nevertheless qualify to disqualify the
        recipient!

        Bob

    the new law passed in Sept.
    
    
    If you are getting a package you can not collect until all the weeks
    are used up. and if you go by 36 week you can not collect at all from
    the state.  But you can collect from the Feds.
    
    Example:
    
    You are going to recieve 35 weeks you can collect 1 week from the state
    and 20 weeks form the Feds. Thats if the Feds still has the program
    
    
    The longer you stay the smaller everything gets.

    I just heard a rumor today that Digital won some case that affects all
    those who are TFSO'd.
    
    In the past, anyone in Mass. who received a severance-pay package had
    to wait until the end of their severance-pay period to collect
    unemployment.  I even heard of a new law saying that anyone who
    received severance pay since March of this year would be ineligible to
    collect unemployment at all.
    
    The rumor I heard today was that anyone who is TFSO'd from DEC will be
    able to collect unemployment after 7 weeks, no matter what type of
    severance pay you receive.
    
    Does anyone know if this is true?
    

    	A friend TFSO'd in late 1992 is presented by Mass. unemployment with
    the following scenario:
    
    	Applications (fed? state?) with a effective date (termination plus
    7 weeks) before ~Mar 15 1993 earn benefits from that date.  This
    interpretation originally expired in Nov/Dec 1992, but got extended
    thru the March 1993 date.  Current applications may be filed with an
    appeal to get this treatment, retroactively.  
    
    	Applications with a later date begin to earn benefits when
    severance-pay timing expires.  Current applications fall into this
    category if no appeal is filed, or if the 7 weeks ends after Mar ~15,
    1993.
    
    	Benefits expire 52? weeks from application effective date, not from
    benefit effective date.  Thus, people often wait for severance to expire
    before they apply.
    
    	This was advice at one office, last week.  Your office is your
    office, and next week is next week.  Your mileage may vary.
    
    /Rich

    re: .last couple
    
    A TFSO'd colleague related to me the unemployment application
    experience... One office in Massachusetts stated very clearly that it
    was the employer's responsibility to answer questions regarding timing
    and eligibility, and referred this colleague back to DEC for specific
    answers.  The strong hint was to discuss this at the exit interview and
    not take "don't know" for an answer.
    
    Wes