Skip to main content

Can I get unemployment benefits in Massachusetts with a severance package?

Was laid off last month and am currently receiving severance pay that will continue for another three months. Can I get unemployment insurance from Massachusetts while collecting my severance pay or do I have to wait till it is done? Thanks.

unemployment with a severance pay

Typically, a former employee may not collect unemployment insurance while collecting severance pay.  Follow this link to the Massachusetts Labor and Workplace Development site for a good explanation of this issue.

Exception to severance pay rule

Attorney Jack K. Merrill, who does a lot of employment law work in Massachusetts, told me about an exception to the rule I posted above.  Because of a recent court decision, the DUA cannot disqualify an applicant from unemployment benefits if he or she signed a release in exchange for the severance pay or package. 

Talk to a Lawyer Today
Find an Employment Attorney in your County
Most offer FREE Consultations