TWC eligibility fight after 13 years of seasonal unemployment - employer claims FUTA tax burden

Yes, you absolutely should file! In Texas, seasonal work typically qualifies for unemployment benefits during the off-season periods. The fact that you've been doing this arrangement for 13 years establishes a clear pattern. Your employer fighting your claim doesn't automatically mean you'll be denied. TWC evaluates each claim independently. Since you're temporarily laid off due to lack of work (seasonal nature), and you expect to return, you meet the basic eligibility requirements. When you file, make sure to clearly document: - The seasonal nature of your position - Your consistent return to the same employer each season - That this arrangement has been accepted for 13 years Your employer may be concerned about their unemployment tax rate increasing, but that doesn't negate your right to benefits you're entitled to receive. The TWC's primary concern is whether you meet eligibility requirements, not the employer's tax situation.

omg thats such bs! my cousin had same issue with a roofing company. they tried to block him after like 5 yrs of the same winter layoff routine. he still got approved tho. your boss is just being cheap, its YOUR RIGHT to file!! they cant just change the rules cuz they dont wanna pay taxes lol

I've been through something similar with my construction job. The employer suddenly started fighting claims because their experience rating went up (which affects their tax rate). Here's what you need to understand: Employers pay unemployment taxes based on how many former employees collect benefits. When they have a history of layoffs where people collect benefits, their rates go up. The fact they're only now complaining after 13 YEARS seems fishy - they've known about this arrangement all along. You should absolutely file. Document EVERYTHING - dates of previous seasonal layoffs, previous unemployment claims, any communications about returning each season. If they contest it (which they likely will based on what they told you), you'll have a solid case for the appeal. The TWC will likely side with you if you can show this is a long-established pattern. Just be prepared that you might need to go through the appeal process this time around. Don't let them intimidate you out of benefits you're entitled to receive.

File file file!!! They can't stop you from getting what you deserve. They're just being greedy. I bet they're making record profits and still don't want to pay what they owe in taxes. Typical corporate greed. Don't let them push you around!

If your employer contests your claim, you'll receive a Notice of Determination from TWC explaining their decision. If denied, you have 14 calendar days to appeal. The appeal hearing is usually conducted by phone. I've been through the appeal process twice with seasonal work issues. Make sure you're available for the scheduled hearing and have all your documentation ready. It's actually pretty straightforward - the hearing officer will ask questions about your work history, the seasonal nature of the position, and past unemployment claims. In your case, with 13 years of established precedent, you have a strong position. Just remain calm and factual during the hearing. The fact that the employer's motivation is financial (avoiding FUTA taxes) rather than related to your eligibility will likely work in your favor. By the way, when you start calling TWC about this (which you'll likely need to do), prepare for long hold times. I recently discovered a service called Claimyr that got me through to an actual TWC agent in under 10 minutes after I'd spent days getting busy signals. You can check out their video demo at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh or visit claimyr.com. Saved me hours of frustration when I was dealing with my appeal.

wait do u have anything in writing abt the seasonal nature of ur job?? that would rly help ur case. also make sure ur not accidentally marking anything wrong on ur bi-weekly payment requests... my friend checked the wrong box once and it messed up everything.

I'm sorry you're dealing with this situation. I went through something similar with a garden center job a few years back. Here's what you need to understand about your rights in Texas: 1. Seasonal workers CAN qualify for unemployment during their off-season if they have a reasonable expectation of returning to work with the same employer. 2. The fact that you've established a 13-year pattern is EXTREMELY important evidence in your favor. 3. An employer's desire to reduce their unemployment tax burden is NOT a valid reason to deny your claim. 4. Your employer cannot retaliate against you for filing for benefits you're legally entitled to receive. When you file your claim, be very precise about the seasonal nature of the work. If they try to contest it by saying you "voluntarily quit" or something similar, you'll need to clarify that this is a temporary layoff due to lack of work during the off-season, with an expectation of recall. And as others have mentioned, be prepared for the possibility of needing to appeal. Appeals aren't as scary as they sound - just be organized with your documentation and stick to the facts.

Everyone's giving good advice, but I want to add: document the call you received about them planning to contest your claim. Write down who called you, the date and time, and what was specifically said about FUTA taxes and profits. This is extremely relevant because it shows their motivation is financial rather than related to your actual eligibility. In my experience with TWC, they tend to favor the employee in cases where the employer's motivation for contesting is clearly to avoid tax liability rather than an actual eligibility issue. The system is designed to provide benefits to eligible workers, not to protect employers from tax consequences.

My neighbor did seasonal farm work for years and sometimes the employer would fight his claim and sometimes not. It seemed to depend on how good their year was financially. One time they even told him straight up "we had a bad year, so we're contesting unemployment claims" lol. He still got his benefits most times tho!!

Just to follow up on my earlier comment - I want to emphasize that you should file your initial claim exactly as you have done in previous years. Be consistent with your reporting. TWC maintains records of your previous claims, so they'll be able to see that nothing has changed in your employment situation. The fact that you've been approved for 13 consecutive years creates a presumption in your favor. If your employer contests the claim, TWC will notify you and give you an opportunity to respond. At that point, you should explain the consistent pattern of seasonal employment and emphasize that nothing has changed in your work arrangement. Keep in mind that unemployment insurance exists precisely for situations like yours - temporary periods without work when you have a history of consistent employment. Don't let your employer's tax concerns prevent you from accessing benefits you're legally entitled to receive.