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Chloe Davis

TWC says I have 'no wages' because I worked remotely for Virginia company - file in TX or VA?

I'm super confused about my unemployment situation and hoping someone can help! I've been working remotely from my home in Texas for the past 18 months, but my employer is based in Virginia. I lost my job last week (company downsizing) and filed for unemployment with TWC since I live here in Texas. Just got a determination letter saying I had 'no wages' reported for the past year in Texas. I'm freaking out because I definitely worked and got paid! I'm guessing the issue is that my employer reported all my wages to Virginia instead of Texas? Do I need to withdraw my Texas claim and file in Virginia instead? Or can I somehow prove to TWC that I worked for this out-of-state company while living here? Honestly hoping I can get this sorted with Texas because I checked and Virginia's max benefit is about $120 less per week than Texas. That would be a huge difference over several months! Has anyone dealt with remote work unemployment issues across state lines? My TWC account just shows $0 wages for all quarters and I'm not sure what to do next.

You need to file in the state where the work was performed, not where the employer is based. Since you worked remotely from TEXAS, you file in TEXAS. But your employer has to have been reporting your wages properly. Most companies use third party payroll processors who should know to report wages to the state where you physically work from. You need to call TWC ASAP and explain the situation. Bring your W-2s and pay stubs as proof of your wages. TWC will need to do a wage investigation and likely contact your employer to correct their wage reporting.

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Thank you! That makes sense. I didn't even think about my W-2s - they do have my Texas address on them, but I'm sure the employer tax ID is for Virginia. I'll gather all my pay stubs too. It's going to be a nightmare getting through to TWC though... their phone lines are always jammed when I try calling.

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same thing happened to me! Worked for florida company but lived in tx. had to file a wage investigation with twc and it was a MESS! took 6 weeks to get anything sorted out and had to upload all my paystubs. good luck

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Oh no, 6 weeks?? I can't wait that long without income. Did you have to keep requesting payment even though it showed $0 wages? I don't want to mess anything up.

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yep keep requesting payment every 2 weeks even with $0! when they fix it they'll pay all the back weeks

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This is actually a common issue with remote workers. You're correct that you should file in Texas since you physically performed the work here. The problem is that many employers incorrectly report wages only to their home state. Here's what you need to do: 1. Continue with your Texas claim - do NOT withdraw it 2. Call TWC and request a wage investigation/wage protest 3. You'll need to provide proof of employment and wages (pay stubs, W-2, offer letter) 4. Keep requesting payment every two weeks even while showing $0 5. Once the wage investigation is complete, TWC will calculate your correct benefit amount You might also want to contact your former employer's HR department to let them know they need to report your wages to Texas. Sometimes they can expedite correcting the wage reports. This is fixable but does take time to resolve. Don't give up!

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actually some states have agreements where you CAN file in either state depending on which is better for you! its called the interstate wage agreement or something. worth asking TWC about this option!

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That's partly correct. The Interstate Combined Wage Claim allows you to combine wages from multiple states, but you still need to file in the state where you last worked. Since the OP physically worked in Texas (remotely), Texas is still the correct place to file. But you're right that asking TWC about interstate options is good advice!

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GOOD LUCK reaching TWC on the phone!!! I spent THREE WEEKS trying to get through about my wage issue. Always busy or disconnected after waiting an hour. The system is BROKEN! If you actually want to talk to someone before your bills are due, use Claimyr (claimyr.com). It's the ONLY thing that worked for me. They got me connected to TWC in about 25 minutes instead of days of trying. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Totally worth it for wage investigations because those are IMPOSSIBLE to resolve through the portal alone.

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is this legit? sounds like a scam to me

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Not a scam! It's just a call connecting service. They don't access your TWC account or anything. They just keep auto-dialing TWC and then connect you when they get through. Saved me days of frustration.

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Thanks for the tip! I'll check it out if I can't get through in the next couple days. I've already tried calling like 20 times with no luck.

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I went through exact same thing in 2023. Here's timeline for what to expect: - File wage protest (keep all payment requests going during this time!) - TWC sends inquiry to employer (2-3 weeks) - Employer responds with wage info (another 1-2 weeks) - TWC processes updated wages (1 week) - Determination letter with correct benefit amount (took about 5 weeks total for me) You'll get all backpay from when you first applied once it's fixed. Just MAKE SURE you're doing your work searches and payment requests on schedule every 2 weeks! Also in my case they didn't need my paystubs because the employer corrected the wage reporting themselves. But have them ready just in case.

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This is super helpful - thank you! I was wondering about the backpay. I'll make sure to keep up with the payment requests and work search activities. I've been applying to jobs anyway, so I'll just keep track of them properly.

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your not going to like this but u might have to file in virginia instead. if they registered u as a virginia employee thats where ur unemployment taxes went. my cousin had same thing with a new york job and ended up having to file in NY even tho he lived in texas

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This isn't correct. Unemployment should be filed where the work was physically performed. Remote workers file in their state of residence. The issue here is that the employer incorrectly reported wages to Virginia instead of Texas. TWC has a process to handle this through wage investigation, and they can transfer the wage credits from Virginia to Texas through the Interstate Combined Wage program.

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i've been through this whole mess - you can also try calling your employers HR department and ask them to contact TWC directly to correct the wage reporting issue. sometimes this is faster than waiting for TWC to do the investigation. my old company had a dedicated person who handled these situations because it happens so often with remote workers.

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That's a great idea! I'll reach out to my old HR director tomorrow. The company was pretty good about handling administrative stuff so hopefully they'll help speed things up.

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Make SURE you're doing your 3 work searches every week while waiting for this to get fixed!!! I had a similar issue and made the mistake of not doing them because I thought it didn't matter with $0 benefits showing. Then when they fixed my wages, they denied my backpay for the weeks I didn't do work searches! Don't make my mistake!!

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Update: I finally got through to TWC! The rep confirmed I should definitely be filing in Texas and started a wage investigation. They said it could take 4-6 weeks to resolve but I should keep requesting payment every two weeks. Also confirmed the work search requirements still apply (3 per week). Thanks everyone for your help - I'll post again when this gets resolved in case it helps someone else!

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Great news! Make sure to keep all documentation of your work searches (company names, positions, application dates, contact info) - TWC can audit those at any time. And yes, please do update us when it's resolved!

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Glad you got through to TWC and got the wage investigation started! That's the hardest part. Just wanted to add - while you're waiting for the investigation to complete, keep copies of EVERYTHING. Screenshot your payment requests showing you did them on time, save all your work search records in a spreadsheet or document, and keep any correspondence from TWC. Also, if your former employer's HR is helpful in getting the wage reporting corrected quickly, that could potentially speed up the whole process. Some companies have dealt with this so many times they know exactly who to contact at the state agencies to get it fixed fast. Fingers crossed it resolves faster than the 4-6 weeks estimate!

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