Will 60-day layoff notice affect my TWC unemployment eligibility?
My employer just gave me a 60-day notice that I'll be laid off if I can't find another position within the company. I'm trying my best to find something else, but the job market is really tough right now. I'm worried this is just their strategy to avoid paying unemployment benefits. If I search but don't find anything during this 60-day period, can they use that against me when I file for TWC benefits? Like will they tell TWC I had plenty of time to find work but failed? I've been with this company for 3 years and this feels like they're setting me up to be denied benefits. Has anyone dealt with this kind of advance layoff notice situation?
18 comments
Ava Johnson
This is actually a common situation and good news - the 60-day notice won't hurt your unemployment claim at all. Texas is an at-will employment state, and if you're laid off due to lack of work or position elimination, you qualify for benefits regardless of any notice period. The company is likely giving you notice to comply with WARN Act requirements (if they're a larger employer) or just as a professional courtesy. Keep documentation of the official layoff notice and any communication about your position being eliminated. When you file with TWC, make sure to accurately state that you were laid off due to lack of work/position elimination.
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ElectricDreamer
Thank you so much! That's a relief. Do you think I should still be applying for jobs outside the company during this 60-day period? I'm worried if I turn down any job offers during this time, it might affect my claim later.
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Miguel Diaz
the same thing happned to me last year!! my company gave me 45 days notice and i was freaking out too. but guess what?? i still got my unemplyment benefits no problem. the TWC doesnt care about the notice period, they only care if you were fired for misconduct or quit without good reason. as long as its a legit layoff your good!!
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Zainab Ahmed
I think your company is trying to trick you into quitting so they don't have to pay unemployment!!! This is a CLASSIC corporate tactic. They give you
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Ava Johnson
While it's definitely important not to quit, I don't think most companies are being malicious with advance notice. Many are legally required to provide notice for layoffs, and others do it as a courtesy. But you're absolutely right that quitting before the official layoff date could impact benefits eligibility.
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Connor Byrne
The 60-day notice is actually beneficial for you. It gives you time to prepare financially and look for work while still receiving a paycheck. For your TWC application, make sure you have the following ready:\n\n1. The official layoff notice (email or letter) showing the planned separation date\n2. Your last pay stub after being laid off\n3. Documentation of your work search efforts during and after the notice period\n\nWhen filing, be precise about the separation reason - it should be \
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Yara Abboud
My brother-in-law had something similar happen at his accounting firm. They gave him 30 days notice and he was worried about the same thing. He ended up finding a job right at the end of his notice period, but his coworker who got laid off had no problems getting unemployment. I think companies just do this so they don't have everyone walking out the door immediately when they announce layoffs.
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PixelPioneer
Just want to add that the TWC has a specific rule about this - getting advance notice of a layoff does NOT disqualify you from benefits. The important thing is the final reason for separation. If you're ultimately laid off due to lack of work, you qualify regardless of any notice period. \n\nFYI - during your notice period, you should definitely be job searching and documenting everything. If you do file for unemployment, TWC will want to see that you've been actively looking for work. The standard requirement is 3 work search activities per week.
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ElectricDreamer
That's helpful. I've been keeping a spreadsheet of all my applications. If I apply to jobs that pay less than what I'm making now, could that hurt my claim?
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PixelPioneer
Applying to lower-paying jobs won't hurt your claim at all. In fact, after being on unemployment for a while, you might be required to consider jobs that pay less than your previous position. Just keep documenting everything!
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Keisha Williams
I was in this exact situation in January. My company gave 90 days notice for layoffs! I couldn't find anything internally so ended up filing for unemployment. When I tried calling TWC to ask about this specific situation, I kept getting busy signals for DAYS. \n\nI finally used a service called Claimyr (claimyr.com) that got me connected to a TWC agent in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. The agent confirmed that advance notice doesn't affect eligibility at all as long as you're ultimately laid off.\n\nJust make sure you don't accidentally resign or accept a severance package without understanding the terms, as those things CAN affect your benefits.
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ElectricDreamer
Thanks for the tip! If they do offer me severance, what should I watch out for? I hadn't even thought about that possibly affecting my unemployment.
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Keisha Williams
Be careful with severance agreements! Some have language saying you're \
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Miguel Diaz
also make sure your keeping all the emails about the layoff!! my friend deleted the notice email and had a hard time proving it was really a layoff. the more proof u have the better when dealing with TWC!!!
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Connor Byrne
One more important note: While you're still employed during this 60-day period, you're not eligible to receive unemployment benefits. Your eligibility begins after your actual separation date. However, you should file your initial claim as soon as possible after your last day of work. In Texas, there's a one-week waiting period before benefits start, and any delay in filing can mean lost benefits that you won't recover later.
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ElectricDreamer
That makes sense. I'll make sure to file right away after my last day. At what point should I set up my TWC account? Can I do that now or should I wait until I'm actually laid off?
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Connor Byrne
You can create your TWC account anytime at ui.texasworkforce.org, but you shouldn't submit an actual claim until after your last day of work. Having the account set up ahead of time will make the process faster when you need to file. Also start gathering documents like your last 18 months of employment history (company names, addresses, employment dates).
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Paolo Rizzo
I had a 30 day notice before my layoff and I totally understand your anxiety! One thing no one mentioned yet - if your company has HR, talk to them directly about this. My HR person was actually super helpful and gave me a letter specifically stating I was being laid off due to position elimination, which made my TWC claim super smooth. Worth asking!
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