Maine Employment or Job Termination Package

Collecting Unemployment After Being FiredIf you were fired because you lacked the skills to perform the job or simply weren't a good fit, you won't necessarily be barred from receiving benefits. However, if you were fired for misconduct relating to your job, you will be ineligible for benefits.

The law change pertains to a section of Maine unemployment law that requires weekly unemployment benefits to be offset by any pay that worker receives after job separation in the form of dismissal wages, wages in lieu of notice, severance pay, vacation pay or holiday pay.

Termination of employment refers to the end of an employee's work with a company. Termination may be voluntary, as when a worker leaves of their own accord, or involuntary, in the case of a company downsize or layoff, or if an employee is fired.

The severance pay offered is typically one to two weeks for every year worked, but can be more.The general practice is to try to get four weeks of severance pay for each year worked. Middle managers and executives usually receive a higher amount. Some executives, for example, may receive pay for more than a year.

Understand the components of a severance package. Wait before signing paperwork. Read everything carefully. Get an expert opinion. Understand your priorities. Negotiate for more than money. Decide on a reasonable request. Leverage your success.

If severance pay does extend the employment relationship, however, unemployment benefits may not be available until the severance ends. For example, if you receive a lump sum amount of severance on your last day of work, you may apply for unemployment.

If an employer makes a lump sum severance payment at the time the worker is separated from a job but allocates the severance payment to a week or weeks other than the week in which the payment is made, then the worker's weekly unemployment benefits will be reduced in each claimed week to which the severance payment is

How Vacation Pay Affects Unemployment. In some states, lump-sum payments for vacation time awarded at termination will not decrease benefits. When employees receive ongoing payments for vacation while they are unemployed, those payments will often reduce their unemployment checks.

Under California law, severance pay is not considered wages for unemployment purposes. Instead, it is considered a payment in recognition of your past service. Even if it is paid out in installments, as yours will be, it doesn't count against your unemployment.