Texas Unemployment

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Just want to add that you should also check if your contract employer paid into the unemployment insurance system. Some contractors work as 1099 independent contractors, which means they wouldn't be eligible for regular unemployment benefits. However, if you were classified as a W-2 employee (even on contract), then you should be covered. You can verify this by checking if unemployment taxes were deducted from your paychecks. If you were misclassified as a 1099 when you should have been W-2, that's a separate issue you might need to address with TWC. Also, keep copies of everything you submit - emails, letters, forms. TWC's system can be glitchy and documents sometimes get lost in their system.

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This is such an important point that I almost overlooked! I just checked and yes, I was W-2 with taxes withheld including unemployment insurance, so that's a relief. I definitely want to keep copies of everything - that's great advice about their system being glitchy. I'm going to create a folder specifically for all my unemployment documentation. Thanks for mentioning the misclassification issue too, that could have been a real problem if I hadn't verified my employment status first.

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Just wanted to share my recent experience since I was in a very similar situation! My 8-month contract ended in December due to company restructuring, and I was approved for benefits within 3 weeks. A few key things that helped me: 1) I made sure my employer's separation letter specifically mentioned "elimination of position due to budget constraints" rather than just "end of contract," 2) I applied online the Sunday after my last work day, and 3) I kept detailed records of all my work search activities from day one. The hardest part was actually getting through to TWC when I had questions - definitely recommend calling early in the morning or late in the day for better chances. Also, don't stress too much about the application process itself - it's pretty straightforward once you have all your employment history and earnings information ready. You've got this!

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Thank you for sharing your experience, Cole! It's really encouraging to hear from someone who went through the same thing successfully. I'm definitely going to use your wording suggestion about "elimination of position due to budget constraints" - that sounds much clearer than just saying the contract ended. Quick question: when you say you kept detailed records of work search activities from day one, did you start doing that immediately after filing or even before you were approved? I want to make sure I'm staying compliant with all the requirements right from the start.

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Another tip regarding your first payment - if you've selected direct deposit, make sure your banking information is entered correctly. If there's any error, it will default to a TWC debit card which can take an additional 7-10 days to arrive by mail. Double-check your direct deposit details in your TWC account to avoid delays with that first lump sum payment.

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Thank you! I'll definitely double check my banking info. The last thing I need is more delays getting that first payment. I really appreciate everyone's help explaining all this!

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Just wanted to add from my recent experience - when you do get that first big payment, don't forget that taxes aren't automatically withheld unless you specifically request it during your application. I learned this the hard way when I got a big tax bill the following year. You can choose to have 10% federal tax withheld from each payment, or handle it yourself, but definitely plan for it either way. The last thing you want is to spend that whole first payment and then owe the IRS later!

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Oh wow, I hadn't even thought about taxes! That's such an important point. So if I don't elect to have taxes withheld, I need to set aside money from each payment for tax season? Do you know roughly what percentage I should plan to save if I handle it myself?

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I'm so sorry you're going through this - what an absolutely stressful situation! Unfortunately, you're not alone in this nightmare. TWC has been sending out these overpayment notices to thousands of people who received COVID benefits in 2021, often with very little explanation. The most critical thing right now is to file your appeal within 14 days of the date on the determination letter - this deadline is non-negotiable and you lose your rights if you miss it. Start gathering every piece of documentation you have from 2021: your husband's layoff notice from the hotel, his employment history, any correspondence with TWC, payment request confirmations, and especially try to find the original eligibility determination letter TWC sent approving his benefits. In your appeal, specifically request a detailed explanation of exactly which eligibility criteria they now claim he didn't meet, and argue that he followed all the rules that were in place during the pandemic (not current rules applied retroactively). Also request a "waiver of overpayment recovery" based on equity and good conscience - TWC can waive repayment if it wasn't your fault and would cause extraordinary hardship. Many people in this community have successfully fought similar cases, especially when they can prove they acted in good faith under the pandemic rules. Don't let them intimidate you into accepting this without a fight - your husband deserved those benefits during an unprecedented crisis. Keep us posted on how it goes!

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This is exactly the kind of comprehensive advice that everyone dealing with this situation needs to see! You've laid out the critical steps so clearly - the 14-day deadline, gathering all that 2021 documentation, requesting the detailed explanation of their reasoning, and asking for the waiver based on equity and good conscience. I'm new to dealing with unemployment issues but have been following this community closely, and it's clear that people who come prepared with documentation and understand their rights are having much better outcomes. The fact that your husband worked at the same hotel for 6 years before the COVID layoff should really strengthen your case - that shows legitimate employment history and a clear pandemic-related job loss. It's infuriating that people have to fight for benefits they already received and were told they qualified for, but stories from this community show it's definitely worth fighting. Don't let TWC's intimidation tactics work - you have rights and you deserve those benefits your husband received during such a difficult time!

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I'm so sorry you're dealing with this nightmare - it's absolutely infuriating that TWC is targeting people who legitimately needed help during the worst economic crisis in decades! I've been following these overpayment cases closely in this community, and unfortunately your situation is becoming all too common. The silver lining is that many people ARE successfully fighting these demands, especially when they can prove they followed all the pandemic-era rules that were actually in place at the time. The 14-day appeal deadline everyone is mentioning is absolutely critical - make sure you don't miss it! While you're gathering documentation, also look for any emails or letters from TWC from 2021 that confirmed your husband's eligibility. The fact that he worked at the same hotel for 6 years before being laid off due to the tourism collapse should work strongly in your favor - that's exactly the kind of legitimate pandemic job loss these benefits were designed for. One thing I'd add to all the great advice here: when you file your appeal, consider also requesting all records TWC has regarding your husband's claim. Sometimes they're basing these overpayment decisions on incomplete or incorrect information in their system. The burden should be on them to prove he wasn't eligible, not on you to prove he was - especially since they already made that determination years ago when they approved and paid the benefits. Stay strong and don't let them bully you into accepting this without a fight. Your husband deserved those benefits during an unprecedented crisis, and this community is here to support you through the appeal process!

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This is such valuable advice, especially the part about requesting all records TWC has regarding the claim! I hadn't thought about the possibility that they might be working with incomplete or incorrect information in their system - that could definitely explain why they're suddenly claiming ineligibility after approving everything years ago. You're absolutely right that the burden should be on them to prove he wasn't eligible, especially since they already made the opposite determination when it mattered. The suggestion to request all their records is brilliant - if there are discrepancies or missing information, that could be key to winning the appeal. I'm definitely going to include that request when we file on Monday. Thank you for the encouragement and for emphasizing that we shouldn't let them bully us into accepting this. It really helps to have this community rallying behind people who are just trying to survive what TWC put us through. Your point about legitimate pandemic job losses is spot on - this is exactly what those benefits were designed for, and it's outrageous that they're now punishing people for using them appropriately!

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TWC is SO INCONSISTENT with this stuff. My friend helped at her old job after a fire (unpaid) and had zero issues. Meanwhile, I know someone else who did basically the same thing and TWC put a fraud alert on his account! The difference? Documentation. Get EVERYTHING in writing. And when you talk to TWC, ask them to note EVERYTHING in your file. The person who got the fraud alert couldn't prove he wasn't being paid because it was all verbal agreements. Don't make that mistake!

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Liam Duke

That's really good advice about getting everything in writing. I'm definitely going to do that. I'm also going to take detailed notes of every conversation with TWC moving forward. I never thought helping clean up would cause such a nightmare!

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I went through something very similar last year after helping my neighbor's small business clean up after a storm. The key is being very specific about the nature of your help when you talk to TWC. Don't just say you were "helping out" - explain that you were doing unpaid volunteer disaster recovery work with no employment relationship. I had to submit a letter from the business owner stating: 1) I was not an employee during this period, 2) I received no compensation of any kind, 3) The work was voluntary disaster cleanup assistance, and 4) There was no expectation of future employment based on this help. Also, keep records of exactly when you helped and what you did. TWC eventually cleared it up, but it took about 2 weeks and temporarily froze one payment. The investigator told me that if I had reported it upfront as volunteer disaster work, there wouldn't have been any issue at all. Live and learn!

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