Texas Unemployment

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TWC eligibility fight after 13 years of seasonal unemployment - employer claims FUTA tax burden

I'm freaking out right now. I've worked the same seasonal job at a landscaping company for 13 years (mid-March through late November). Every winter during off-season, I've filed for unemployment and NEVER had an issue. My employer always knew this was the arrangement - I'd work the busy season, then collect benefits during winter months when there's no landscaping work. Well, I just got a call from my supervisor saying the company is planning to contest my unemployment claim this year because 'it's increasing their FUTA tax contributions' and 'cutting into profits.' They're claiming I should find temp work during winter instead. This feels so wrong! Nothing has changed about my work situation for 13 YEARS. Can they suddenly decide to fight my claim after all this time? Does seasonal work not qualify for benefits anymore? This job pays $24/hr which is way better than any temp winter gig I could find, so I always go back. Now I'm worried about both this year's benefits AND my job next season. Anyone dealt with an employer suddenly fighting seasonal unemployment after years of not having issues?

My neighbor did seasonal farm work for years and sometimes the employer would fight his claim and sometimes not. It seemed to depend on how good their year was financially. One time they even told him straight up "we had a bad year, so we're contesting unemployment claims" lol. He still got his benefits most times tho!!

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thats exactly what im talking about! these companies think they can just change the rules whenever they want based on their profits. so shady.

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Just to follow up on my earlier comment - I want to emphasize that you should file your initial claim exactly as you have done in previous years. Be consistent with your reporting. TWC maintains records of your previous claims, so they'll be able to see that nothing has changed in your employment situation. The fact that you've been approved for 13 consecutive years creates a presumption in your favor. If your employer contests the claim, TWC will notify you and give you an opportunity to respond. At that point, you should explain the consistent pattern of seasonal employment and emphasize that nothing has changed in your work arrangement. Keep in mind that unemployment insurance exists precisely for situations like yours - temporary periods without work when you have a history of consistent employment. Don't let your employer's tax concerns prevent you from accessing benefits you're legally entitled to receive.

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Amara Eze

Author

I'm definitely going to file as normal and then respond if they contest. All these comments have made me feel much more confident about my rights in this situation. Thank you!

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TWC account PIN issues after identity theft - husband can't file unemployment claim

Hi everyone, we're in a really frustrating situation right now. My husband got laid off from his construction job almost 2 weeks ago and we're trying to file for unemployment benefits through TWC. The problem is he can't get past the PIN setup on the website. It keeps saying he already has a PIN (which he NEVER set up before) but won't accept any of the typical numbers he uses. When we try the 'forgot PIN' option, the system says the information doesn't match their records! We've called every number we could find - the main TWC line, the tele-serv system, and even the local workforce office, but either get disconnected or can't reach anyone who can help. Has anyone dealt with this PIN issue before? We're getting desperate as bills are coming due and we have no income coming in. Any advice would be greatly appreciated!

Update! Called the number at 7am and was on hold for 30 minutes. It turns out someone stole my husband's identity and filed for benefits during Covid. They told him to send in some proof of identification and will proceed from there. Thank you all for your help.

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Glad you were able to get through! Make sure your husband also files a police report about the identity theft - TWC may ask for this documentation later. Also, keep detailed notes of every conversation with TWC (date, time, representative name, case numbers, etc). This will help if there are any issues with the claim later. Hope everything gets resolved quickly!

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This is exactly what happened to my brother! Once he sent in his ID documents, they cleared the fraudulent account within about 10 days and he was able to set up a legitimate account with a new PIN. Definitely follow the advice about filing identity theft reports too - my brother ended up finding other accounts opened in his name when he checked his credit reports.

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Oh that's good to know there's a timeframe! 10 days is still a while but much better than 6 weeks. We'll definitely check his credit reports too. This is so stressful.

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TWC flagged 'suspected fraud' on out-of-state worker claim - can't reach 512 fraud unit!

Hey everyone, I'm at my wit's end trying to navigate this interstate claim mess. My husband worked for a Texas company for over 4 years but we've always lived in Tennessee. He got laid off on May 3rd and applied for Texas unemployment about a month ago since that's where his employer is based. Initially, things seemed OK - a TWC rep even called to update his info since he has a Tennessee driver's license. But now when we log in, there's a message saying "suspected fraud" and telling us to call the 512 fraud unit. We've left SEVERAL messages over the past week with zero response. His claim is just sitting there with no payments, and we're starting to worry about bills. Has anyone dealt with the interstate claim process or this fraud unit? Any suggestions on how to actually get a human on the line? I'm starting to think we should have filed in Tennessee instead, but the TWC rep specifically told us Texas was correct since that's where the company is based.

Quick update: We finally got through! Used Claimyr this morning and got connected to a TWC agent in about 30 minutes. They transferred us to the fraud department, and it turns out the flag was automatically triggered because of the Tennessee address + Texas employer combination. The agent said they need copies of his travel receipts, W-2 forms, and a letter from his employer confirming the travel arrangement. We're gathering everything now and will fax it over today. They said once they receive and verify the documents, the hold should be removed within 3-5 business days. Thank you all for your help and suggestions!

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Great to hear! Make sure you follow up if you don't see the hold removed within a week. Sometimes documents get "lost" in their system and you have to resend them.

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Excellent progress! A few tips for the documentation: 1. Include a cover sheet with his name, claim ID number, and contact information 2. Number each page clearly 3. Keep the fax confirmation receipt 4. Call back in exactly 5 business days if you don't see the hold removed Once the fraud hold is removed, any payments owed should be released relatively quickly. Just make sure he continues requesting payments on his assigned day, even while waiting for the hold to be removed.

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Thank you for these tips! We're preparing everything now and will definitely include a cover sheet with all his info. I'm feeling much more hopeful now that we've actually spoken to someone who could explain what's happening.

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TWC layoff timing question - Can I file before May 1 with termination letter? Going back to school impact?

Super stressed right now... our manufacturing plant is shutting down May 1st (mass layoff after 23 years there). Already got my termination letter in the mail yesterday. Two questions I'm confused about: 1) Should I wait until the actual last day (May 1) to apply for unemployment, or can I apply now since I have the official termination letter? Don't want to mess anything up. 2) I've applied to several jobs but crickets so far. Thinking about going back to school instead since manufacturing jobs are disappearing. Will TWC still give me benefits if I enroll in classes? Or does that automatically disqualify me? Sorry if these are dumb questions. This whole situation has been a horrible rollercoaster and I'm trying to get my ducks in a row before everything falls apart next month.

ur lucky to get severance! my company gave us nothin when they shut down. just "sorry bye" ๐Ÿคทโ€โ™€๏ธ

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That's because legally they have to provide either 60 days notice OR severance pay for large layoffs under the WARN Act if the company has over 100 employees. Sounds like maybe your company was smaller?

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Quick update - I called the TWC office and they confirmed I need to wait until May 1st to file, and I should report my severance payment. They also gave me some info about the training programs that might be available through Workforce Solutions. Thank you all for the advice! This has been really helpful. I'm meeting with a career counselor next week to discuss school options that would qualify under their training program.

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That's excellent! Workforce Solutions offices are incredibly helpful for these transitions. They can sometimes even help with funding for training programs beyond what TWC unemployment provides. Make sure to ask about any special grants for displaced workers from long-term employment. After 23 years, you might qualify for additional assistance.

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TWC waiting week confusion after federal job termination - when will I get paid?

I'm so confused about my TWC payments after losing my federal job. I was let go on January 3rd, but I had January 2nd off as a paid federal holiday ($240 for that day). When I applied for unemployment on January 3rd, TWC said they couldn't give me payment for the week of January 2nd because of the holiday pay, which makes sense. But they also didn't pay me anything for the following week either - I guess that's my "waiting week"? My TWC account says to request payment on the 29th, but will that just be for ONE week of benefits? I'm trying to budget and figure out when actual money will show up in my account. This system is so frustrating! Has anyone dealt with a similar situation with the waiting week after a federal job?

To answer your question about logging work searches: Keep detailed records of all work search activities, including the date of contact, company name, position, method of contact (online, in-person, phone), name of person contacted if applicable, and result. You can use the TWC's work search log that's available on their website, or create your own spreadsheet with the same information. Applications through WorkInTexas.com count, as do direct applications through company websites. Just make sure you're doing at least 3 per week and can document them if asked. Other qualifying activities include attending job fairs, networking events, or job skills training.

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This is really helpful, thank you! I've started a spreadsheet to track everything. One more question - for the payment request on the 29th, do I need to report work searches at that time, or is that something they might audit later?

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When you request payment, you'll be asked if you completed your required work searches for each week you're requesting payment for. You just answer yes or no - you don't enter the actual details at that time. However, TWC can audit you at any point and ask for documentation of your work searches, so that's why keeping detailed records is so important. If audited and you can't provide proof, you could be disqualified and even have to pay back benefits. I recommend keeping your work search records for at least a year after your claim ends.

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Got it - thank you so much! This whole process is more complicated than I expected, but I feel much better prepared now.

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