Texas Unemployment
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TWC demanding repayment after I quit daycare job due to documented child abuse - can I appeal?
I'm in a horrible situation and desperately need advice. I was terminated from my main job in August and qualified for unemployment benefits shortly after. In September, I took a part-time position (10 hours weekly) at my daughter's daycare facility while continuing my job search. The pay was minimal so I remained eligible for partial unemployment and continued filing my payment requests. During my employment at the daycare, I witnessed multiple instances of child abuse, neglect, and unsanitary conditions that were absolutely shocking. I documented EVERYTHING - sent multiple emails and texts to the director about these issues, took photos of unsafe conditions, and eventually filed a formal complaint with Texas Child Care Licensing. Their investigation found numerous violations (I have copies of their reports). After enduring this for 2 months and seeing minimal improvements despite the state's involvement, I resigned in November and immediately withdrew my daughter from the facility. I continued receiving partial unemployment until my last payment request on December 11. Yesterday I received a determination letter from TWC stating I owe back nearly $4,100 in benefits received after quitting the daycare job! They're claiming I left without good cause connected with the work. This seems completely wrong to me. Isn't documented child abuse and unsafe conditions considered good cause for leaving employment? I have extensive evidence including the state licensing investigation results. Has anyone successfully appealed something like this? I'm panicking about this repayment amount and want to know if I have a chance with an appeal. What documentation should I include? Do I need to get statements from other parents who pulled their kids out for similar reasons?
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Can my father-in-law file for TWC benefits a year after being let go?
My father-in-law lost his job last April when his company downsized. He never filed for unemployment because he always thought you could only get benefits if you quit your job (which is actually backwards from how it works, I now realize). He was let go through no fault of his own but has been struggling financially using his savings this whole time. Is it too late for him to file a claim with TWC now? It's been over a year already. Does Texas have some kind of time limit or can he still get some help even though so much time has passed? He's 59 and having trouble finding work in his field.
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Wait has he had ANY job since getting let go last year? Even part time work? Because if he got a new job and then lost THAT job within the last year, he could possibly file based on the newer job loss!
He did some handyman work for cash over the summer but nothing with actual payroll. I don't think that would count, would it?
Unfortunately, cash work wouldn't establish a new base period since those wages weren't reported to TWC through an employer's quarterly wage reports. Only W-2 employment or properly reported 1099 work (where the employer paid unemployment taxes) would qualify for establishing a new claim.
Sorry to hear about your father in law's situation. My neighbor went thru something similar last year. The missed benefits hurt but the silver lining was that WorkForce Solutions helped him with his resume and he found a better job than his old one within 2 months!
That's encouraging to hear! I think he's been feeling too old to start something new, but maybe with some support he'll feel differently.
Will filing a TWC appeal stop my current unemployment payments?
I'm freaking out right now. I was expecting my TWC payment to hit my account today like usual, but when I checked my claim status it says I'm ineligible now! This makes no sense because I've been getting benefits for the past 5 weeks without any problems. I filed an appeal yesterday about a separate issue (they miscalculated my base period wages from my second job). Could filing that appeal have automatically stopped my payments? The determination letter didn't say anything about stopping current payments while the appeal is processed. Has anyone experienced this? Will I still get paid during the appeal process or am I just out of luck until they review my case? I've got rent due next week and really counted on this money.
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Based on what you're describing, this sounds like a wage reporting error. When you said "earnings exceed WBA" that's a very specific determination. It means TWC believes you earned more at a job than your weekly benefit amount allows. Here's what to do: 1. File an appeal for this NEW issue right away (separate from your existing appeal) 2. In the appeal, clearly state you have not worked or earned any wages during the claim period in question 3. Try calling the TWC Tele-Serv system at 800-558-8321 to see if there's more information about the specific earnings they think you received 4. Contact your previous employer to make sure they haven't accidentally reported you as still working 5. Keep requesting payments every two weeks even if it says you're ineligible - this preserves your claim If you win your appeal, you'll receive back payments for any weeks you were eligible. The key is to appeal within the 14-day window.
Thank you SO much for this detailed information. I'm going to start working on the new appeal right now and try calling Tele-Serv. One quick question - should I mention my other pending appeal in this new appeal or keep them completely separate?
Keep them completely separate. Each appeal needs to focus on the specific determination letter it's addressing. Mixing the issues could confuse the process. Just make sure to include the determination ID number from the letter in your new appeal.
UPDATE: I finally got through to TWC this morning! Turns out my previous employer reported wages for me for last week (even though I haven't worked there since January). The agent said this happens sometimes when employers batch-report or make clerical errors. She put in a request to have the wages removed from my record, and said my payments should resume once that's processed. I also went ahead and filed the appeal just in case it takes them too long to fix it. Thanks everyone for your help!
glad u got it figured out! make sure u follow up if ur payment doesnt come through soon
This is exactly what I suspected! Good job getting it resolved. One tip: document everything. Write down the date/time of your call, the agent's name if they provided it, and what they told you. This documentation can be helpful if you need to reference this conversation in the future.
TWC keeps saying 'reviewing my claim' after seasonal work breaks - ID verification finally fixed it
Anyone else have experience with seasonal work filing? I've been working at a school for 3 years now but take off during Christmas break and summer (no pay during these periods). I always file for unemployment during these breaks and never had issues before. This time I filed 2 weeks ago, and my claim is STILL showing 'under review' on the TWC portal. Usually it gets processed within a few days! I've called about 50 times and can't get through to anyone. Is there some kind of system glitch happening right now? UPDATE: Finally figured it out! TWC needed me to verify my identity this time even though I've filed the exact same claim multiple times before. Once I completed the ID verification, my claim started processing. If you're stuck in review limbo, check if you have an identity verification requirement in your correspondence tab!
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I had same problem and fixed it by going to the TWC office in person! Waited about 2 hours but at least got it fixed same day instead of waiting forever on the phone
That's a good tip! Which TWC office did you go to? Was it crowded? I might try that next time instead of dealing with the phone system.
Just to add some helpful information for others: for seasonal school employees, TWC requires you to upload documentation showing your return-to-work date. This helps verify that you have "reasonable assurance" of returning after the break, which is required for eligibility. You'll want an official letter from your school stating your employment terms and specific return date. Also, remember that you still need to do the 3 work search activities each week, even though you have a job to return to. I've seen claims delayed because people think seasonal workers are exempt from work search - they're not!
Thanks for this! I did upload my letter from HR showing my return date, but maybe that's what triggered the extra verification? And yes, I've been doing my work search activities every week (even though it seems silly when I already have a job to return to).
TWC took money for alleged overpayment after ID.me verification - how long for account update?
So frustrated right now! TWC just took $2,850 from my account claiming I had an "alleged overpayment" from last year. I never received any notice about this until the money was already gone! I completed the ID.me verification process as requested (which was a nightmare itself) and finally got through to a TWC agent on Friday after calling non-stop for 3 days. The agent said it would take "up to 24 hours or so" for any change to appear on my account. It's been over 48 hours now and still nothing has changed. My account still shows the deduction and no explanation. Has anyone dealt with a similar situation? How long did it actually take for your account to update after ID.me verification? I'm worried this money is gone forever and I really need it for rent next week.
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Just wanted to update - a friend of mine was in this exact situation last week. She used Claimyr to get through to TWC, and the agent she spoke with was able to see that her ID.me verification had actually completed successfully in their system, but there was a secondary review flag that was holding up the process. The agent removed that flag while she was on the phone, and her account was updated and money restored within 48 hours. Sometimes you just need to get to the right person who can see what's actually happening in their system.
Paolo Bianchi
Did anyone else read that new Austin daycare exposé article last week?? The conditions in some of these places are HORRIBLE and the state does almost nothing!! OP I totally believe your story and hope TWC does too!!
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Keisha Thompson
Just wanted to add - make sure you request a telephonic hearing if possible. It's usually less stressful than appearing in person, and you can have all your documentation spread out in front of you during the call. When TWC schedules your hearing, they'll send instructions about how to submit evidence beforehand - follow those instructions EXACTLY and submit everything at least 3 business days before your hearing date. Also, after submitting your appeal, keep an eye on your mail. TWC will send a hearing notice with the date/time, usually 2-3 weeks after you file your appeal. If you miss your hearing, it's extremely difficult to get it rescheduled.
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TechNinja
AuthorThank you for these tips! I've started organizing all my evidence chronologically. Should I also request my daughter's attendance records from the daycare to prove when I withdrew her, or is my resignation letter enough?
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Keisha Thompson
If you can get those attendance records, definitely include them! The more documentation showing the timeline of events, the better. Also include any communications about withdrawing her that mention safety concerns as the reason.
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