TWC put my payments on hold - employer calling my layoff bonus a 'severance' after response deadline

Yes, the late response actually helps you a lot. When an employer responds after the 14-day deadline, TWC generally makes their determination based on the claimant's statement. Print out a copy of your paystub showing "bonus" and submit it to TWC through your online portal as additional documentation. Also request a phone hearing - you'll need to explain your side of the story. The fact that you received two payments already indicates TWC initially found in your favor before the employer contested.

omg this is EXACTLY why I always get everything in writing!! employers will screw you over in a heartbeat. happened to my cousin too. his boss told him they were eliminating his position then tried telling TWC he quit. what a nightmare.

Whatever you do, don't panic. TWC puts claims on hold all the time while they investigate discrepancies. Since you got two payments already, that means your initial claim was approved. The burden is really on your employer to prove you were fired for misconduct, not on you to prove you were laid off.

I had something similar happen with my boss trying to avoid the UI tax hit. When TWC investigates, they'll look at several things: 1. The late response from employer (works in your favor) 2. The paycheck labeling it as 'bonus' not 'severance' (works in your favor) 3. The fact that you've already received payments (works in your favor) You should request a determination hearing immediately. Call first thing in the morning at 7:00 AM when the lines open - that's your best chance to get through. If you can't get through, you might want to try Claimyr (claimyr.com). I was dealing with a similar dispute and couldn't get through for days, then used their service and got connected to a TWC agent in about 30 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Whatever you do, make sure to keep requesting payment every two weeks even while your claim is on hold!

wat was the reason he said he fired u for? cuz if its for misconduct thats way different than layoff. u should ask for a determination letter from twc to see exactly wat the employer is claiming

The timing of the $500 payment is important here. Severance pay can affect your unemployment benefits, but a bonus that was given as part of your regular employment (before separation) is typically not counted against your benefits. Make this distinction very clear to TWC. Also, if your employer responded after the 14-day deadline, you should specifically mention this in any appeal or documentation you submit. According to TWC rules, if an employer fails to respond timely to a notice of initial claim, TWC may not use any resulting information from that employer as part of a chargeback appeal. Document everything - dates, times, conversations, the paystub showing "bonus." I'd recommend uploading all of this to your TWC portal and also bringing physical copies to any hearing that gets scheduled.

Ugh this makes me so mad!!!!! Employers get away with this crap all the time. My last company tried to say I was a contractor not an employee even tho they took out taxes every paychecj! TWC is useless sometimes and the appeals process takes FOREVER. Hope you have some savings to get by because these investigations can take weeks or months. And then even if you win they might take forever to backpay you. The whole system is designed to wear people down until they give up.

Thanks everyone for all the helpful advice. I managed to upload my paystub to the TWC portal this morning, and I've been trying to call them all day with no luck. I think I'm going to try that Claimyr service tomorrow morning to connect with an agent faster. I really need to get this resolved before rent is due next week. Will update once I hear anything!

my friend had something kinda like this and she ended up having to go to an appeal hearing. she won tho! the judge could totally tell the boss was lying. make sure you write down everything that happened with dates so you dont forget anything important during the hearing!

Just checking back - were you able to reach TWC? One thing I forgot to mention is that if they rule against you initially, don't panic! You have 14 days to appeal, and many cases get reversed on appeal, especially when the employer responded late and there's documentation supporting your claim.