TWC benefits when employer isn't paying - can I file while still 'employed'?

Yes, you can file for unemployment in Texas if your employer has reduced your hours OR failed to pay you for work performed. This is considered 'constructive discharge' or what TWC sometimes calls 'work stoppage.' You don't have to formally quit to qualify. Document everything - dates worked, hours, any communications about missed pay. File your initial claim online and explain the situation exactly as it happened. In the separation reason section, choose 'still working' but explain the non-payment issue in the details. You'll likely need to complete a fact-finding interview where you can explain more.

OMG SAME THING happened at my last job!!! They kept saying the money was coming next week, next week, next week. I stayed like an idiot for THREE WHOLE PAYCHECKS before finally quitting. Never got fully paid back either. RUN NOW!!

yur actually in a good spot for unemployment. i went thru this last year and TWC counts not being paid as constructive discharge - u dont have to quit. just make sure to keep all emails texts about the missed pay. take screenshots of everything b4 u lose access to company systems.

You should file a Wage Claim with TWC immediately, separate from any unemployment claim. Go to https://www.twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law and submit the form for unpaid wages. For the unemployment question - you're eligible under 'substantial reduction in pay' even while still employed, but documentation is crucial. Create a paper trail by emailing your supervisor about the missed pay rather than just relying on verbal communications or rumors. Print physical copies of any communications about payment issues. When you file your TWC claim, you'll need to explain that you're still technically employed but experiencing pay interruption.

When I was trying to get through to TWC about a similar situation last year, I kept getting busy signals for days. I finally used this service called Claimyr (claimyr.com) that got me through to an actual TWC agent in about 20 minutes. They have this demo video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. It really helped me explain my complicated situation to a real person instead of just trying to explain it through the online portal where there's limited space. The agent was able to properly code my claim since my situation was unusual like yours.

Not legal advice but i think you should document EVERYTHING right now. take pics of ur schedule, any emails about pay, texts from managers, etc. My brother went thru this exact thing and the company tried to claim he abandoned his job when he was actually just refusing to work without pay (which is reasonable!!). The TWC has specific rules about this - non-payment is considered good cause to quit or reduce hours. Also file a wage complaint with the Texas Workforce Commission Payday Law division.

also check ur employment contract if u have 1. some have clauses about payment timelines and what happens if they miss payroll. might give you more leverage with TWC and wage claims.

In my experience, once a company misses payroll it's pretty much done. They might limp along for a few more months but the end is near. Start job hunting immediately. And yes file for benefits but don't expect that process to be quick either.

Not getting your paycheck is ABSOLUTELY a valid reason for unemployment!! My cousin works in HR and says this is called 'constructive discharge' even if they didn't fire you!! Good luck!!!

One more important thing: When you file your claim, TWC will contact your employer for their side of the story. Be prepared for them to potentially dispute your claim by saying payment was just delayed or that you're still employed. This is why documentation is crucial. Screenshot any bounced paychecks, keep records of work performed, save texts/emails about promised payments. Also, in Texas, you must meet the work search requirements while receiving benefits - currently 3 work search activities per week. Document these carefully as TWC may audit you.

I went through this exact situation about 6 months ago and it was a nightmare, but I did get my unemployment benefits approved. Here's what I learned: First, file your TWC claim immediately - don't wait for them to maybe pay you. Choose "reduction in hours or wages" as your reason and explain the non-payment in detail. Second, send a formal email to your supervisor/HR TODAY asking for written confirmation of when you'll be paid - this creates the paper trail TWC needs to see that you tried to resolve it. Third, keep showing up to work until you get a response about your claim or find another job - abandoning your position without notice could hurt your case. The whole process took about 3 weeks for me, and I had to do a phone interview where I explained everything. The key is having documentation that shows you made reasonable efforts to get paid before filing. Also definitely file that wage claim like others mentioned - I got my back pay through that process even though it took months.

You're definitely in a tough spot but you have options! In Texas, failure to pay wages is considered "constructive discharge" which means you can file for unemployment even while technically still employed. Here's what I'd recommend: 1) File your TWC claim ASAP - select "reduction in wages" and explain the non-payment situation in detail. 2) Document everything - take screenshots of your work schedule, any communications about missed pay, and send your supervisor an email TODAY asking for written confirmation about when you'll be paid. 3) Continue showing up to work while your claim is processed (unless it becomes unsafe or they tell you not to come in) - this shows you're not abandoning your job. 4) File a separate wage claim through TWC's Payday Law division to try to recover your missed wages. The unemployment process typically takes 2-3 weeks and you'll likely need to do a phone interview to explain your situation. Don't wait for your employer to "figure it out" - protect yourself now. Good luck!