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Social Security & Unemployment

Question:

We want to lay off an employee who is currently drawing Social Security. Would the employee be eligible to apply and receive unemployment benefits while they are on Social Security?

Answer:

It depends. Depending upon the state that you are in, social security benefits would not necessarily make them ineligible for benefits (based on the reason for dismissal) but it may offset the benefits they are eligible for. The link below, provided by the National Employment Law Project, has a helpful chart showing the state by state social security offset rule – http://www.nelp.org/page/-/UI/Development_of_social_security_offsets_Nov_2007.pdf.

Strategic HR, inc. knows that keeping abreast of legal compliance issues can be daunting, especially when the laws keep changing. We can help you stay compliant by fielding your questions and offering resources to help you identify and mitigate compliance issues. Visit our Compliance page to learn about our auditing services which can help you identify trouble spots in your HR function.