When to file TWC claim if being paid through next week?
My employer just laid me off yesterday (gave me the news Tuesday afternoon). The HR person said they're keeping me on payroll through the 15th, but I'm not supposed to come in anymore. Does anyone know if I should file for TWC unemployment now or wait until after my last paycheck? I've never been through this before and don't want to mess up my claim by filing too early. Will TWC consider me still employed until the 15th even though I'm not working? Thanks for any advice!
18 comments
Luca Marino
You should file as soon as possible! The earlier you file, the quicker your benefits start. When you file, you'll need to enter your last day worked (Tuesday) and last day paid (the 15th). TWC will calculate your waiting period from your last day of work, not your last payment date. The system is designed to handle exactly this situation.
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Zara Malik
•Thanks for the quick reply! So even if my final paycheck isn't until the 15th, I should still file now? I'm just worried about TWC thinking I'm committing fraud or something if I'm technically still getting paid.
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Nia Davis
the system asks for last day WORKED not last day PAID... big difference... go ahead and file now
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Zara Malik
•Thanks! That definitely makes sense when you put it that way.
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Mateo Perez
File NOW!!!! Don't wait!! But know that you will need to report that income when you request payment for the week that includes the 15th. They will deduct that amount from your benefits that week. They call this "partial unemployment" for that week. You won't get paid benefits until after the waiting week is over anyway, so it won't really affect when you start getting money.
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Aisha Rahman
•This happened to me too! Except they gave me 4 weeks severance. You definitely file NOW but report all that extra pay in your payment requests. The TWC site has a section for "earnings" during each week, that's where you put it.
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CosmicCrusader
The correct answer is to file your initial claim now, but be prepared to properly report your continued wages on your first payment request. You'll need to: 1. File your initial claim using your last day WORKED as your separation date 2. When you do your first payment request, you'll report the additional wages for that period 3. Be prepared that your first payment might be reduced or $0 depending on how much they're paying you The reason to file now rather than wait is that TWC has a waiting week (the first week of your claim where you don't receive benefits). Better to get that waiting week started now. Also, save all documentation from your employer about this arrangement in case there's any confusion later.
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Zara Malik
•This is super helpful! I'll get my claim filed today. Should I expect any issues with the employer possibly contesting my unemployment since technically I'm on their payroll through the 15th?
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Ethan Brown
I went through this EXACT situation in January. File now but when you do your first payment request (which you'll do the Sunday after your claim is approved), you'll need to report those wages for the week ending on the 15th. The TWC system is set up for this kind of situation, but if you have any trouble getting through to TWC to ask questions (I did!), try using Claimyr (claimyr.com). They helped me get through to a TWC agent in about 20 minutes when I couldn't get through for days on my own. They have a video that shows how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh
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Zara Malik
•Thank you! I looked at that video and it seems really helpful. I'll definitely keep that option in mind if I run into problems getting through to TWC.
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Aisha Rahman
my boss did the SAME THING last year lol... gave me the boot on a Monday but paid me through Friday... file now but make sure you report that money on your payment request!!
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Yuki Yamamoto
The important thing is to be 100% honest about everything. File now, tell them your last day worked was Tuesday, and tell them you're being paid through the 15th. Then when you do your payment requests, report any money they pay you for the weeks covered by those requests. That way everything is above board and you won't have problems later. The TWC system is confusing but its designed to handle situations like yours.
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Zara Malik
•Thanks for the reassurance! I definitely want to do everything by the book. I'll make sure to report all payments accurately.
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Nia Davis
u got fired or laid off? big difference for twc
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Zara Malik
•It was a layoff - they eliminated my position due to budget cuts. They said it wasn't performance related.
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Nia Davis
•good ur eligible then
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Luca Marino
One more thing - when you file, make sure you have your last 18 months of employment info ready. TWC calculates your benefit amount based on your earnings during the "base period" (the first 4 of the last 5 completed calendar quarters). Also, start doing your work searches right away - Texas requires 3 work search activities per week, and you need to document them for when you do your payment requests.
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Mateo Perez
I HAD THE SAME PROBLEM!!!! The TWC website is so confusing about this! I waited to file and regretted it because it delayed my benefits by two weeks. Don't make my mistake!!! Also my ex-boss tried to say I quit but I appealed and won because I had text messages proving they laid me off. SAVE ALL COMMUNICATION with your employer in case they try to fight your claim!!!
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