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Should I file for TWC benefits now or wait until my ex-boss stops paying me?

Hey everyone, I just got laid off last week but my former employer told me he plans to keep paying me for another month (like a severance I guess?). I'm actively job hunting but I'm worried about what happens after that money stops coming in. Should I go ahead and file for unemployment now while I'm job searching, or should I wait until those payments from my ex-boss stop? I don't want to mess anything up with TWC or get accused of double-dipping, but I also don't want to risk a gap in income that could leave me unable to pay rent. Does anyone know the right way to handle this situation with Texas unemployment?

Cynthia Love

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You need to file NOW. Don't wait. TWC has a waiting week anyway before benefits start, and there's often delays with the system. When you file, you'll report any income you receive during your weekly payment requests, including this continued payment from your employer. This way you're in the system and ready to go once those payments stop. I went through something similar last year and waiting was a huge mistake - took me over a month to actually start getting benefits after my severance ran out!

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Naila Gordon

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Thanks for the quick reply! So even though I'm still getting paid, I should start the application process now? And then when I do the payment requests, I just honestly report what my ex-boss is paying me? Will that pause my benefits until he stops paying me, or will it just reduce the amount?

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Darren Brooks

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File right away but understand how it works so you don't get confused. When you file your initial claim, you establish your base period and benefit amount. Then each payment request period, you report ANY income you earned or received for those weeks. If what your employer pays exceeds your weekly benefit amount, you'll receive $0 from TWC for those weeks, but you're still "in the system" and can continue requesting payments. Once your employer stops paying, you'll start receiving the full benefit amount if you meet all other requirements (work search activities, availability for work, etc).

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Naila Gordon

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That makes a lot of sense! So I won't be double-dipping, I'll just be setting up my claim so it's ready when I need it. I was worried about the gap between when he stops paying and when benefits might start. Do the weeks where I report his payments still count against my total weeks of eligibility?

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Darren Brooks

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Great question. Weeks where you report income that exceeds your benefit amount (resulting in $0 payment) don't count against your total benefit amount or duration. Those benefits remain available for future weeks when you qualify. Just make sure you CONTINUE requesting payments every two weeks even when reporting income that will result in $0 benefits, otherwise your claim could become inactive.

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Rosie Harper

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DONT FILE if ur still getting paid! When I did that they said i comitted FRAUD cuz I was still gettin money from my job! TWC gonna ask if ur currently getting paid and if u say YES they deny u and if u say NO ur lying they can come after you later for overpayment! You should wait till the money stops for real.

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Darren Brooks

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That's incorrect information. You absolutely should file now, but you must accurately report all income when requesting payments. The fraud occurs when people DON'T report income, not when they file while receiving temporary continuing pay. TWC specifically has a process for this situation.

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Rosie Harper

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well thats not what happened to ME but whatever. the system is broken anyway

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I recommend filing your initial claim now, but be 100% honest about the payments you're receiving. TWC will adjust your weekly benefit amount accordingly. This approach ensures you don't experience any gap in income when those employer payments stop. The key is being transparent with TWC about all income sources during your bi-weekly payment requests. Have you started your work search activities yet? Remember, Texas requires at least 3 work search activities per week, which you'll need to document when requesting payments.

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Naila Gordon

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Yes, I've been applying to jobs every day since I found out I was being let go. Should I be keeping detailed records of all these applications? And is there a specific format TWC wants me to use to track them?

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Demi Hall

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quick question - ur boss is still paying u but did they give u a formal layoff notice or anything? cuz if they're still paying u maybe ur technically still employed? this matters for how TWC views ur situation

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Naila Gordon

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That's a really good point I hadn't considered! It was definitely a formal layoff - they had me turn in all company property and cut off my email access. My understanding is this continued payment is more like severance, but it's just coming through regular payroll rather than a lump sum. But you're right, I should clarify this with them to make sure I understand my official employment status.

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File now!!! I waited when I was in your same situation and regretted it soooo much. The TWC system is super backed up right now - took me almost 3 weeks just to get my claim processed, then another 2 weeks before I saw any money. And that was AFTER my severance ran out, so I had no income for over a month! Don't make my mistake!

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Naila Gordon

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Oh wow, that's exactly what I'm worried about! A month with no income would be really tough. Did you have any issues with your claim because you had been receiving severance before filing?

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Kara Yoshida

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If you can't get through to TWC to ask this question directly (which is likely - their phone lines are always jammed), try using Claimyr.com. I was in a similar situation and needed clarification about reporting income while on unemployment. Used their service and got through to an actual TWC agent in about 10 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Worth it to get an official answer from TWC about your specific situation.

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Naila Gordon

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Thanks for the tip! I tried calling TWC this morning and got nothing but busy signals, so this might be really helpful. I'll check out that video.

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Demi Hall

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did that actually work? i tried calling like 50 times last month and never got thru

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Cynthia Love

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Here's exactly what happens: You file now. On your payment request, you report the amount your employer is paying. If it's more than your weekly benefit amount, you get $0 for those weeks. But your claim stays active. As soon as those payments stop, you'll start getting unemployment benefits. This way there's no gap. Also remember that the first week of your claim is a "waiting week" - you won't get paid for it until after you've received 3 payments and returned to full-time work. Another reason to file ASAP.

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Naila Gordon

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Thank you for spelling it out so clearly! I didn't know about the waiting week - that's definitely another good reason to get the process started now rather than waiting.

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Philip Cowan

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file now but just fyi the website is super glitchy right now... i had to try like 5 different browsers before i could even complete my application lol. might want to try late at night when fewer people are using it

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Naila Gordon

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Thanks for the heads up about the website issues! I'll try to do it late tonight when there's hopefully less traffic.

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Update: I just wanted to add something important - when you file, TWC will ask about the reason for your separation from employment. Make sure you accurately indicate you were laid off (not fired for cause or that you quit). This affects your eligibility. Since your employer is continuing to pay you, they might not have reported your separation to TWC yet, which could cause confusion. You might want to speak with your former employer to ensure you're both on the same page about how your separation is classified.

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Naila Gordon

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That's a really important point! I'll definitely reach out to HR to make sure we're aligned on how my separation is being classified. The layoff was due to department restructuring, not performance issues, so it should be categorized as a layoff.

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Just one more thing - make sure you setup direct deposit right away in the TWC system! The debit card option takes way longer to get your money and has all kinds of weird fees. The direct deposit option is buried deep in the account settings and easy to miss.

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Naila Gordon

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Good to know! I definitely prefer direct deposit anyway. I'll make sure to set that up once I create my account. Thanks for the tip!

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