Can my mechanic husband get TWC benefits while working reduced flag hours at dealership?
Hi everyone! Quick question about partial unemployment in Texas. My husband worked in the oil industry for 10 years until he got laid off in 2020. After struggling for a while, he finally found work as a mechanic at a car dealership, but he's paid by flag hours (basically only paid for completed work). Some weeks are super busy and he makes decent money, but other weeks are painfully slow and he barely brings home $300-400. Is he eligible for any kind of partial unemployment benefits during those slow weeks? He never claimed unemployment after his oil field layoff because he was too proud, but now we're really feeling the pinch when he has slow weeks. Would TWC even consider this situation? Thanks for any advice!
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Omar Fawaz
Yes, he might qualify for what's called partial unemployment benefits! TWC allows workers who've had their hours reduced or are working part-time to receive partial benefits. He needs to have earned wages in at least 2 quarters of his base period (usually the first 4 of the last 5 completed calendar quarters) and meet the minimum earnings requirement. To apply, he should file a regular unemployment claim through ui.texasworkforce.org and report all earnings accurately when requesting payment every two weeks. TWC will calculate if his current earnings are low enough to qualify for partial benefits. They use a formula where you can earn up to a certain percentage of your weekly benefit amount before it starts reducing your payment.
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Freya Pedersen
•Thank you so much for this information! That's really helpful. Do you know if they'll look at his oil field wages (which were much higher) or just his current mechanic earnings when determining his benefit amount? And does he need to have been laid off recently to qualify, or can he apply even though he's been at the dealership for over a year now?
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Chloe Anderson
I went through something kinda similar when I was working commission-only sales. THE TWC SYSTEM ISNT DESIGNED FOR PEOPLE LIKE US!!! The problem you'll run into is that he has to report weekly earnings, and they won't just give benefits for low weeks and nothing for good weeks. It's an all-or-nothing system and they'll probably just tell him he's "employed" so tough luck! 🤬 I spent HOURS on the phone trying to get someone to understand my situation and got nowhere. Just prepare for a fight if you go this route.
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Diego Vargas
•not true actually. my wife did this when her hours got cut. as long as u report everything correctly they will pay partial. but ya the tws phone system is garbage lol
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Anastasia Fedorov
Your husband's situation sounds perfect for partial unemployment benefits. TWC specifically allows for this type of scenario. The key factors: 1. He needs to have earned enough wages in his base period (which will include his oil field job if it was within the last 5 quarters) 2. His current reduced earnings must be due to lack of work (not his choice) 3. His weekly earnings must be less than 125% of his calculated weekly benefit amount to receive something When he files, TWC will calculate a weekly benefit amount based on his highest-earning quarters. Each week he requests payment, he'll need to report exactly what he earned, and TWC will adjust accordingly. The formula is: You can earn up to 25% of your weekly benefit amount without reduction. After that, they subtract dollar for dollar. For example, if his weekly benefit amount would be $400, he could earn up to $100 without reduction. If he earned $250 that week, they'd subtract $150 from his benefit amount, so he'd receive $250 for that week. He should apply online at ui.texasworkforce.org - the system will determine if he qualifies based on his work history.
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Freya Pedersen
•This is exactly what I needed to know! Thank you so much for breaking down the formula. His oil field job definitely paid a lot more, so it would be great if they used those wages for the calculation. We'll try applying online this weekend. Fingers crossed!
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StarStrider
went thru this with my cousin he's a plumber same deal. TWC makes u register with WorkInTexas.com and do work searches even for partial. its kinda dumb cause he already has a job but gotta play by rules I guess
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Anastasia Fedorov
•That's correct. Even when receiving partial benefits, TWC still requires the standard three work search activities per week. However, there's a bit of flexibility here - if his employer provides written verification that they expect his hours to increase back to full-time within 6 weeks, he might qualify for what's called "partial work search exemption." This would need to be requested specifically. Without that, yes, he'll need to complete and document three work search activities each week he requests payment.
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Sean Doyle
I tried this when I was working as a waitress during slow season, and let me tell you, it is SUCH a headache!! They make you report every single dollar including tips, and if you make even a little bit over their magic number for the week, you get nothing. And good luck ever reaching a real person on the phone to ask questions. I spent literally 3 days hitting redial before I got through!
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Zara Rashid
•If you're having trouble getting through to TWC on the phone, I'd recommend checking out a service called Claimyr (claimyr.com). I was in the same boat - calling hundreds of times and getting nowhere. Claimyr helped me get through to an actual TWC agent within about 30 minutes. They have a video demo that shows how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh It was worth it for the time saved and stress avoided. I was able to get my partial unemployment questions answered immediately instead of spending days redialing.
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Freya Pedersen
Wow, thank you all for the helpful responses! I'm going to sit down with my husband tonight and show him all this information. I think he's been hesitant because the dealership promised him it would get busier (they always do), but it's been 3 months of this roller coaster income. We'll definitely apply online this weekend and see what happens. If we have trouble getting specific questions answered, I might check out that Claimyr service too - sounds way better than spending days redialing! Will update once we hear back from TWC.
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Omar Fawaz
•Good luck! One more thing - make sure he keeps detailed records of his hours and earnings each week. TWC might ask for this information later, especially if there's any question about his eligibility. Taking photos of pay stubs or screenshots of direct deposits is also helpful. And remember that after applying, it typically takes 2-3 weeks before the first payment, so plan accordingly.
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Diego Vargas
my buddie works construction and gets TWC when its raining for like weeks. he said it works ok but sometimes theres like delays with the payments. bettr than nothing tho
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Chloe Anderson
•Those delays are THE WORST though! One time I waited 5 weeks for payment because of some "pending issue" that nobody would explain to me! And you can't talk to a REAL PERSON to fix anything! The whole system needs to be rebuilt from scratch if you ask me.
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Luca Romano
Doesn't the dealership have to agree to this? My daughter tried to get unemployment when her retail hours got cut and her employer fought it saying she was still employed. The whole thing turned into a mess with TWC sending her overpayment notices later.
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Anastasia Fedorov
•That's a good question about employer involvement. For partial unemployment, the employer doesn't need to "agree" to it - it's the employee's right to file if their hours have been reduced through no fault of their own. However, TWC will contact the employer to verify the reason for reduced earnings. If the employer incorrectly reports that the reduction was due to employee choice or misconduct, that could create problems. It's best for your husband to give his employer a heads-up that he's applying for partial benefits due to the fluctuating flag hours. Most employers understand this process, especially in industries where work fluctuates seasonally or based on customer demand.
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