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Does replacement count as severence?

Question Details: I didn't sign my severence agreement for 31 days following my group layoff. I received my first severence payment after 40 days from my last day of work. Meanwhile, the EPO that my employer used purchased 2 months of outplacement on my behalf but I wasn't made aware of it until a few weeks had passed, so I missed almost 1 month of the benefit. I had applied for unemployment not knowing they had paid for outplacement. Does outplacement count as an initial severance payment even though the agreement and real payments didn't begin until 40 days after the last day of work? Will I have to pay back the unemployment and get a penalty?

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