Business & Work

Worried about doing this on your own?  You may be able to get free legal help.

Can I get severance pay and unemployment benefits?

You are allowed to get both severance pay and unemployment. In Illinois, severance pay is money you receive for work during employment. Since your severance pay isn't income, it shouldn't affect your unemployment benefits.

Severance pay is money your employer pays you after you leave your job. Your employer pays you severance pay either because:

  • They want to give you severance, or
  • They must give you severance based on a contract you have with them.


Severance pay can include rights toward rank or pension. Severance pay is used to pay the bills until you can find a new job, but severance isn't wages.

Talk to a lawyer before signing any document accepting a severance package. You may be giving up your legal rights. Many employers pay severance so you don't take legal action against them. This does not mean that all employers who pay severance did something illegal. Usually, they did not, but want to make sure they are not going to get sued.

Can my severance payments come in over time rather than one payment? 

Yes. Your severance payments come in several payments or in one lump- sum. As long as you no longer work for your employer, you qualify for unemployment benefits. If you continue to work, then the severance pay may be considered wages. If so, the pay can can prevent you from getting unemployment benefits or lower your benefit the amount.

Last full review by a subject matter expert
April 06, 2020
Last revised by staff
May 24, 2020

Comments & Ratings

Rate
Average: 2 (3 votes)

Only logged-in users can post comments.  Please log in or register if you want to leave a comment.  We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.

Worried about doing this on your own?  You may be able to get free legal help.