Anyone received this message from TWC? "Texas Workforce Commission (TWC) needs proof regarding any separation, severance, or wages in lieu of notice pay you are receiving or may have received."
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I miss this company :(
@4rdc As I understood that State denied your claim, then you appealed as per the guidance from this attorney and all has worked out. Right? Can you please share the contact details of your attorney?
@4jxt+ a lady they referred me to charged $275 for a review, one email and two phone calls. I did what she said and everything worked. I am not @4axa but his write up is same as what this lady told me.
"You can collect unemployment at the same time a former company is paying you a severance?"
Yes except for week you get the check.
Contact Texas unemployment lawyers if you were denied weekly unemployment benefits. You are entitled to receive weekly payments since your severance is one time payment. See the response I got from a lawyer few weeks ago "The general rule is that you cannot collect unemployment at the same time that you are collecting severance benefits. However, if your severance payment was only a one-time payout, you should only be ineligible for unemployment during the week you received your severance payout. The same will likely be true during the week you received your accrued vacation payout (if these happened on different weeks)."
I'm clueless, bear with me. You can collect unemployment at the same time a former company is paying you a severance? I thought it only kicks in if you're making less than your full salary.
@4yxl can you say if it helped You to retain unemployment benefits?
Can yo recommend a lawyer?thank you
I appealed. The appeal says it could take weeks, just great. And, I called and left a message. I guess this is what I get for trying to be overly honest and err on the side of caution.
I explained as clearly as I could to this lady the situation, like I said previously. If the law is that you can have both, how could they screw that up? They must have very novice people working the phones, to put it nicely...
I hired a lawyer to read my document and tell me how to fill forms and what to expect. You need to get this straightened out now or you will lose extra Federal pandemic pay .
Thanks much for the details. So how do they determine the end-date of 02/13/2021? That is 30 weeks long. Is that the length of your severance coverage or TWC has some calculation to come up with that date? I hope that they have explained you. Only if you are okay to share...
FYI, here is the TX compensation act that TWC has referred. https://statutes.capitol.texas.gov/Docs/LA/htm/LA.207.htm#207.049
"Screwed Dude". You probably answered the question wrong. Send TWC a copy of what you signed and copy of Noble's severance plan. Appeal
I told the lady I received a non-itemized lump sum, which is true in the sense that we didn't get a line by line itemization, just an explanation of what all was included. That the lump sum was a combination of two weeks per year, prorated bonus, and an amount for Noble-paid portion of insurance. She asked me about if the weeks-per-year deal and I told her what it was. She asked me the date I received the deposit and that was all she needed.
So what is it? Do I need to go back and explain something differently to them? And if I appeal, what do i tell them to keep getting paid? Here is the language of what they ruled:
Issue: Remuneration-Additional Payment
Decision: We cannot pay you benefits for the period below.
Reason for Decision: The additional payment you received from your last employer disqualifies
you from receiving benefits during the period below.
Beginning Date of No Payment Period: 07-19-20
Ending Date of No Payment Period: 02-13-21
What you can do: You may keep your claim active by continuing to submit payment request during
the disqualification period or stop filing and contact TWC to reopen your claim if you are
still unemployed after the disqualification period ends.
Law Reference: Subsections 207.049(a)(1) and 207.049(a)(2) of the Texas Unemployment
Compensation Act.
What I do know is that the payment from your last employer has to be a lump sum "severance pay", not wages in lieu of notice. That question is bit tricky. Answering NO and still report the payment makes it a severance pay.
But what I suspect that as the follow-up question asks for number of weeks covered, so still TWC will ask to wait unless someone has received severance pay without those specifics of weeks covered etc in their agreement.
That is exactly how I answered it. The wording isn't very straight forward, and I was trying to be honest. Should I have said no? It doesn't matter, I talked on the phone with a representative from TWC and explained to them the exact circumstances, and from that information I gave them is how they made the ruling.
I looked it up, and it appears that since 2012 Texas state law says you can't get both at the same time. I asked a buddy and he said the same thing, no way you can. I've been reading on this message board that Noble employees have been getting both forever... how? And if so, how can I undo this ruling?
Question for "Screwed Dude"...
How you answered this question? - "Did you receive this additional payment instead of advance notice of layoff?"
If you have answered YES, then the payment will be considered as wages-in-lieu-of-notice instead of severance pay. And TWC won't pay unemployment benefits for sure.
Uh, not exactly. After being asked to call TWC, I did, and left a message. Then this lady called me and asked when I got the severance check, and for how many weeks it was for. Then a day or two later they not only sent me a letter saying I was being denied further benefits until a specified date in February(the number of weeks the severance was for), I have to pay back the money I received this last time. You can appeal, wondering if it would do any good.
If people are being honest about getting a severance and successfully getting unemployment simultaneously, i'd like to know how they did it, or where I went wrong. When requesting payment all I did was answer the question that I did get a severance, and then the name of the contact at Noble. Where did I go wrong?
All they want is documentation of severance. Prob because you originally were “furloughed”. I sent in the letter I received from Noble, on Noble letterhead and they released my unemployment check the next day. Stop listening to these fear mongers! None of them have any first hand knowledge and are not helping.
I talked to TWC this morning about the email. They were wanting the gross and net amount of the severance as well as how many weeks the severance is going to cover. I also had to tell them the date I was laid off as well as the date that I received my severance. I'm not sure how it's going to affect my unemployment yet, but it may be to where I won't be able to receive unemployment again until after the 12 weeks the severance is supposed to cover is up. I just don't know where the 12 weeks will start since I didn't report the severance until I received it in my bank account. TWC will send a decision on this issue in the mail.
I sent it in. It's not like they don't have dozens of copies from other people and plenty of information from Noble.
They can obtain info on what you were paid. Do you think that there is actually no way to verify that and it's based purely on honesty? Don't lie on any information. That's illegal. You will regret it later. Either respond honestly or don't respond at all. Same thing with the Unemployment benefits application info.
I know someone who responded to that correctly and he ended up getting denied UI benefits.
I would start by contacting TWC to determine what exactly they are wanting. I would NOT send them any documents showing any amounts you were entitled to receive. If they need any documents or information, they can contact Noble for verification of your separation date. I had a similar issue arise and after contacting TWC, they wanted to verify some information that was provided by Noble - turns out that the information provided to TWC was incorrect, so I had to appeal the case.
I'm skeptical as well. I don't want it to affect my unemployment benefits. I'm not sure exactly what to send in.
I don't know if I should send in the severance documents. They might want to use it to determine unemplyment benefits. They might want to know the severance amount. I am skeptical of sending the total amount in.
Yes, I just received this in my email. Not sure what they'll do with it the documentation.