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Old 03-11-2021, 12:34 PM   #41
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I am in the file and take unemployment if you meet the reqts. Uncle Sam just approved additional $300/week benefit on top of state amounts. Just because you are close to retirement does not mean you can't get the unemployment.
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Old 03-11-2021, 01:08 PM   #42
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I was in this situation last year. Toyed with the idea of filing but in the end I decided to take a voluntary separation and got a buyout. I retired as planned and did not file a claim. Not regretting it.
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Old 03-11-2021, 01:41 PM   #43
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My contract between my S-Corp and MegaCorp ended last June. I could have availed myself of a PPP loan and unemployment with extra benefits, but I knew I was going to retire and felt that taking advantage of the situation would not be the ethical thing to do.
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Old 03-11-2021, 02:12 PM   #44
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When I filed for UI twice in the past, you had to send in a list with at least three contacts each week, with name and address of person/company you connected with. If you were offered a job and refused, you were denied UI from then on. This was several years ago.
Don't know if current requirements are the same, or if COVID has upended everything.

I personally would not file for it if my reason for leaving my job was retirement. It would be an ethical/moral dilemma for ME. And that is the question you posed.
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Old 03-11-2021, 02:42 PM   #45
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When I filed for UI twice in the past, you had to send in a list with at least three contacts each week, with name and address of person/company you connected with. If you were offered a job and refused, you were denied UI from then on. This was several years ago.
Don't know if current requirements are the same, or if COVID has upended everything.

I personally would not file for it if my reason for leaving my job was retirement. It would be an ethical/moral dilemma for ME. And that is the question you posed.
This is why I asked. They gave me one hellofa package which allowed me to not work anymore if I don't want to. They didn't have to do that.
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Old 03-11-2021, 02:54 PM   #46
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This is where your own ethics come to light.
It sounds like you were blessed with a great good bye package and have the means to retire.

To ME, UI is for those who are between jobs, often due to no choice of their own, and have limited means to pay bills.
I have a hard time with millionaires who manipulate their income to qualify for ACA subsidies, when they clearly can qualify to pay on their own. Yes, I know there are laws that allow that. But that is just Me and my own moral compass on what I would do.

You have to do what your heart and mind tell you is right for YOU. and what the law allows.
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Old 03-11-2021, 03:00 PM   #47
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This is how I felt. My company even said they would not dispute the claim. Seemed to encourage filing. However, when I read the rules from the state, there was a requirement to look for a job. I wasnít going to take a job and I wasnít going to lie. So, if you can do it without falsifying anything, then Iíd do it.

Iím not sure, but I think I heard that they suspended the job search requirement during COVID, so you may want to look into that.

The other thing I recall is the severance being considered income that needed to be offset against any unemployment. I think I figured I could get around that, but the job search is due was still there.

Also, when I had to decide this, it was a lot less money. Given the amount currently provided, I might try a little harder to fit my square peg in the round hole.
From my perspective, I actually was looking for work, but couldn't find any, but thankfully I discovered I could retire.
So no guilt here whatsoever.
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Old 03-11-2021, 03:11 PM   #48
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When I filed for UI twice in the past, you had to send in a list with at least three contacts each week, with name and address of person/company you connected with. If you were offered a job and refused, you were denied UI from then on. This was several years ago.
Don't know if current requirements are the same, or if COVID has upended everything.

I personally would not file for it if my reason for leaving my job was retirement. It would be an ethical/moral dilemma for ME. And that is the question you posed.
Well, here in Arizona, covid has changed everything regarding UI. When DH filled out the forms last April, there was no requirement nor actually any opportunity to input efforts to obtain a job. No requirement since either. Of course, if he could get his old job back, he'd go in a minute but frankly, I don't think that's going to happen even when the pandemic ends. If he can get a comparable job, he'll get it. If not he might just FIRE.
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Old 03-11-2021, 05:13 PM   #49
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When my position was eliminated in 2011, I received 6 months of severance and full medical benefits. In the state that I lived in at the time (NJ) I was able to collect UI while I received the severance. I never saw a reason to not collect UI while my severance was in effect.
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Old 03-11-2021, 05:36 PM   #50
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When MegaCorp decided to "retire" employees 55 years of age and older in 2008, we were paid a year's severance pay and a additional pay equal to social security payments until age 62. This was separate of our defined pensions. And they made us move our 401Ks out of the company plan.

We were able to file for unemployment for 50 weeks at the time. I felt bad every Sunday night when I went into the State computer system and answered their questions about looking for a job actively in the last week. But a lot of money had been paid over the years for unemployment taxes. I never looked for another job one minute of those 50 weeks. On the other hand, our unemployment checks weekly are no where near that of many other states--like California.
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Old 03-11-2021, 06:18 PM   #51
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Feeling bad is one thing, committing fraud by lying about looking for work is another.

I pay for auto insurance, but if I want a new car I don't crash mine into a tree and call it an accident so that I can get that money I paid in back. Insurance doesn't work that way.

Apparently now there is no requirement to look for new work, so there's no fraud in collecting unemployment.
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Old 03-11-2021, 06:49 PM   #52
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I am kind of on the fence about all of this and wondering where people draw the line on ethics vs legality.

For example, in our state (maybe most states), you can qualify for Medicaid based on monthly income, not yearly. So if you took out $200,000 from your Roth in December but had no other income, you could get free healthcare from Jan to November.

Totally legal.
I have no problem ethically, taking advantage of government programs. If itís legal and I need it, Iíd take it. Itís not my job to write the laws in a way that prevents abuse. Itís our representatives that are responsible for that. Look at ACA for example. Is it my fault that they base eligibility on income and have no view on net worth or demonstrated need? Look how long it took to close the file and suspend loophole in SS. Ethics are just not in play for me. Legality is always in play and if there are grey areas I might pause, but ethics are not, imho, in play. They make the rules, I play by them, what possible ethical issue do I have?

One thing that does come into play is value of my time. For example, when I was given my buyout, I could have filed for UI. To do so legally, I would have had to look for a job. I could have done that legally but I was only looking at about $6K and I just wanted to get on with my new retired life. Just wasnít worth it. Thatís different than ethics. FWIW, in Michigan, they use an annual income number for Medicaid. Maybe a worthwhile thing to do would be to write the State and let them know about the flaw in using a monthly income amount.
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Old 03-11-2021, 06:56 PM   #53
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I have no problem ethically, taking advantage of government programs. If itís legal and I need it, Iíd take it. Itís not my job to write the laws in a way that prevents abuse. Itís our representatives that are responsible for that. Look at ACA for example. Is it my fault that they base eligibility on income and have no view on net worth or demonstrated need? Look how long it took to close the file and suspend loophole in SS. Ethics are just not in play for me. Legality is always in play and if there are grey areas I might pause, but ethics are not, imho, in play. They make the rules, I play by them, what possible ethical issue do I have?
I agree completely. I donít see any issues with ethics here.
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Old 03-11-2021, 07:09 PM   #54
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Are you retiring then? If not, file for unemployment, but do a job search. If you are retiring, do not file. Your neighbors, your fellow taxpayers, your state, needs the money more than you right now. Make sure you are doing things legally. And also follow your conscience.



At least in the state I live in, UI is not funded by taxes, or any tax revenue. It is funded by the employers who have to pay into a pool, and if they terminate someone, they have to increase their "premiums" to the pool.
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Old 03-11-2021, 07:39 PM   #55
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Personally, I probably wouldn't... My circumstances were different, I quit to retire because I got tired of waiting for the layoff. (It would have been at least 1 more year working before they downsizing decimated my old department.)

My dad pioneered this.... During the big defense layoffs in the 80's the company he worked for for decades was down to about 20% of its peak size... He kept hoping.... and not getting laid off. He was super ready to retire... but wanted UI $. He finally went into the big boss (founder/ceo) and asked to be let go. Turns out they were afraid to lay him off because he 'knew where all the bodies were buried'.... He was laid off, collected UI, started his pension, and never looked back. But.... a few years later he said he regretted waiting to be laid off... freedom was worth more than the UI $.

My son just filed for UI.... but they got rid of 45 people in a 50 person department.... Fortunately, it looks like he's got another job lined up... and he'll only get a few weeks of UI.
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Old 03-11-2021, 08:15 PM   #56
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Does not worrying about ethics only apply to money?

What if you could have jumped the line for a vaccine by inviting your niece or nephew over to spend one night so you could state that you were in a multi generational household? This would have put you in front of the line at least in our state. Totally legal.

I am not pointing fingers, just curious. We manage our income to get ACA subsidy so certainly are not throwing stones in this house!
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Old 03-11-2021, 11:41 PM   #57
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It's no more wrong than millionaires taking a subsidy on their ACA.
I see the point you are making, but I can distinguish them.

UI is to cover lost income. With severance you have income. Therefore to me it is wrong to apply for UI for periods covered by severance. I would not do it and have not. Everyone has a choice to apply or.not.

ACA subsidy is different. You do not "apply for" it. It is a tax break based on income. I'm not sure how you avoid the subsidy exactly. You don't "take the subsidy" any more than you "take" capital gain tax rates. Tax compliance is the law.

To me those are two different things. Nor is this self serving, as I also do.not qualify for an ACA subsidy.
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Old 03-11-2021, 11:49 PM   #58
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At least in the state I live in, UI is not funded by taxes, or any tax revenue. It is funded by the employers who have to pay into a pool, and if they terminate someone, they have to increase their "premiums" to the pool.
Yes. Same in Virginia and Texas.

And this is why employers will contest bogus claims.
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Old 03-12-2021, 08:18 AM   #59
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Having been on the other side of this situation @MegaCorp in my past I can tell you that your employer took the fact that you are eligible for unemplyment into account in planning your severance and is expecting that you will file for unemployment. FWIW
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Old 03-12-2021, 10:13 AM   #60
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You were RIF'ed. You are entitled to UI regardless of the "negotiated" package you and your employer agreed to. They even mentioned you can file. I don't understand why it is even a consideration not to file. You would have continued to work if allowed to. They had other plans.

P.S. I have been downsized twice during my working years and filed both times. It never occurred to me to not file. The last time was my final one and I stopped looking for work when the UI ran out.
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