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.

That's great news that you got through to TWC! The fact that they've escalated it to a supervisor and noted the employer's late response is really promising. It sounds like you have a strong case with the paystub showing "bonus" and the employer missing their deadline. Keep us posted on how it turns out - situations like this can help other people going through similar issues. Hoping you get good news soon!

@Zara Mirza - definitely try Claimyr if you can't get through the regular phone lines! It really was a lifesaver. And yes, having documentation of the late response seems to be key. In your case, make sure you have any proof of the timeline when your employer responded vs. the deadline. TWC takes those deadlines seriously from what I've learned. Good luck with your situation! It's so frustrating when employers try to change their story after the fact, but it sounds like TWC sees through these tactics pretty well.

Welcome to the community @Ian Armstrong! This is exactly the kind of situation where having people share their experiences really makes a difference. TWC issues can be so overwhelming when you're dealing with them alone, but threads like this show that there are patterns to how these cases get resolved. The late employer response + documentation combo seems to be a winning strategy based on what everyone's shared here. @Liam Mendez - really hoping you get good news in those 5-7 days! And for anyone else following along, it's worth noting that Claimyr seems to be getting mentioned more and more as a reliable way to actually reach TWC agents when the regular lines are jammed. Knowledge is power with these situations!

Really glad to see this community coming together to help each other navigate these TWC challenges! As someone who went through a similar employer contest situation last year, I can confirm that the late response from your employer is a major factor in your favor @Liam Mendez. In my case, my former employer tried to claim I was fired for attendance issues (completely false) but they responded 18 days late. TWC ruled in my favor within a week once they reviewed the timeline. The key things that helped me were: 1) keeping detailed records of all communications, 2) uploading every piece of documentation to the portal, and 3) being persistent but patient with the process. For anyone else dealing with similar situations, don't let employers intimidate you with false claims - TWC has seen it all before and they're pretty good at spotting inconsistencies. The fact that you have the paystub clearly labeled as "bonus" is huge evidence in your favor!