Did you answer "yes" to the question: Did you receive other income from any of the sources below that you have not already reported to TWC? (Additional payment when you left your job other than wages you had earned)
23 replies (most recent on top)
@ethc+FhJiKng
In my opinion, you should have waited to apply for unemployment until after you have received your last check from Chevron. Then you can answer the questions when you are no longer receiving any salary, final payments or severance from Chevron. Since you are waiting on your last check you will be required to report the payments. The TWC knows when you are paid because Chevron pays unemployment insurance with your monthly checks. I wrote a detailed explanation of the process in another post on the website.
Hi I know this is a bit old post but very interested in replys from
: “ No is the correct answer. I am still getting paid after 10 months!
“ and “ I answered NO to the severance question when I applied online. Call me lucky or whatever, because my application was approved and I received my first and all subsequent payments without any follow up by TWC.“
I was just laid off and my severance is similar “ one lump sum” and i answer no when i apply for benefits and i have been aproved. However, in a couple of weeks, i will be getting my severance deposited in my account.. question, should i say yes when I request my claiming weeks? I don’t want to trunk my current benefits.. Seems like i should be ok saying no since my severance doesn’t appear to be a problem to qualify/be receiving benefits
No is the correct answer. I am still getting paid after 10 months!
I answered NO to the severance question when I applied online. Call me lucky or whatever, because my application was approved and I received my first and all subsequent payments without any follow up by TWC.
In an effort to be above board I reported my severance. This was given because I was not given any notice of being laid off. TWC delayed my unemployment because of this. Fool me once, shame on you, fool me twice...
Say again, 8ryt. You don't seem to be making any sense.
You don't get the first week of unemployment until the end of your unemployment benefit period (till you find a job or max unemployment benefit is used up).
It didn't happen to me. I applied online and answered the questions the way I understood them. I received my first week benefits on a Tuesday direct deposited to my checking account. TWC starts every week on a Sunday. Benefits are approved then, processed on Monday and paid on Tuesday. As for the hold up on the "severance" issue, keep following up twice a week with TWC. Don't worry. This matter will be resolved soon. When they pay you, you will get back paid for all the weeks you continued to make claims for benefits. Good luck. Let us know when the matter was resolved.
I have yet to receive any benefits (I first filed on 12/09/15). I talked to TWC today and they said they have my claim on hold pending my severance pay. The lady said it does not matter if it is a one time payment. If I get severance pay, they will not pay benefits for that period. Has this happened to others?
I'm not sure he lost 1 week of unemployment benefits. Chances are he didn't lose anything, there was only a delay in getting the benefits started. If he entered an answer incorrectly, that too could cause a delay. All-in-all, the message I'm trying to convey is too be careful. Read carefully and enter answers to questions you understand completely. If stumped on a question, call the TWC customer service line and seek help. The the person who was delayed benefits by 1 week, just know it is not lost. That week gets tacked on to your total benefits. Benefits in Texas run for 6 months maximum.
2zjf
If it was stated correctly, then how did cdf lose 1 week of UI?
BS - It was stated correctly. The type of severance Chevron is paying will NOT disqualify you from receiving Unemployment Insurance benefits. If you are unsure of how to answer a question when completing on online application, just call the TWC and ask them how to proceed. I understood the questions when I applied online. I got my benefits without a problem.
It wasn't accurate and correct because people have been disqualified. So continue at your own risk.
Thanks 1bfg. That was by far the best and most accurate answer.
TWC will check with Chevron what kind of severance you received, whether you answer yes or no to the question. If it's the kind of severance that does not disqualify you from immediately receiving unemployment, Chevron does not report it.
I didn't see that question about lump sum. The only one's I saw were:
In lieu of wages (no)
specific time period (no)
waiver of liability (yes)
preagreed based on employment contract (no)
In lieu of wages disqualifies you and preagreed based on employment contract disqualifies you.
From my understanding, if you put yes to specific period and put say, 12 weeks, they may disqualify you for 12 weeks (based on other answers). Waiver of liability, according to TWC site, cannot be considered severance.
The last poster is right that lump sum payments do not disqualify. But, if you don't answer correctly, you could disqualify yourself for 1 week, or potentially more.
The kind of severance paid by Chevron DOES NOT disqualify you from receiving unemployment benefits under the Texas Workforce Commission. There are two types of severance, one in which your past employer pays you on a periodic basis (e.i. Every 2 weeks, etc) after being laid off. Under this scheme, you would not qualify to receive unemployment benefits until the periodic payments your ex-employer stops. In the case of Chevron, the severance they are paying is a single lump sum payment (not periodic), therefore you will qualify. When answering the question about severance in applying for benefits, answer "Yes". A second part to the question will ask what kind of severance payment did you receive. Answer; a single lump sum amount. It's that simple.
I reported my severance, but after their investigation they found that the type of severance I received did not disqualify me from immediately receiving unemployment benefits.
It's better to receive every week (without committing fraud, of course) and pay it back (unless you've committed fraud, of course) then to lose a week and never get it (unless you will stay out of work for 6 months, of course).
However, it also says:
The courts have generally defined severance pay to be a payment the employer has obligated itself to make, either verbally or in writing, which is based upon a set formula, such as length of prior service. For example, an employer may have a company policy that a terminating employee is entitled to one month's wages for every year of service. Section 207.049(2) defines "severance pay" as "dismissal or separation income paid on termination of employment in addition to the employee's usual earnings from the employer at the time of termination." The term does not include any payment made to settle a claim or lawsuit or in connection with a negotiated agreement. Thus, severance pay that is unilaterally offered (for example, in a policy or in a job offer letter) would be disqualifying, while a negotiated severance payment would not affect benefit eligibility.
Other types of post-termination payments that are neither severance pay nor wages in lieu of notice:
an (incentive paid to obtain a release or waiver of liability from the departing employee) - this kind of payment will not affect unemployment benefits. Although there are no precedent cases on this point, such a payment should not be considered enforceable under the Texas Payday Law, because it is not severance pay and was presumably not part of the wage agreement or any other employment agreement that existed prior to termination. Rather, it should be enforceable in civil court.
liquidated damages - this kind of payment would also not affect unemployment benefits. TWC recently held (in a non-precedent wage claim case) that an amount promised as liquidated damages in an employment agreement ("If such-and-such happens and you are terminated prior to __, XYZ Company will pay you $__ in satisfaction of any remaining obligations it may have toward you.") is an enforceable part of the wage agreement under the Texas Payday Law.
http://www.twc.state.tx.us/news/efte/final_pay_severance_benefits.html
Or say yes and:
Did it represent a specific timeframe: no
Was it in exchange for a waiver of not suing them..blah blah blah: yes
Was it preagreed by union blah, blah, blah: no
Was it "payment in lieu of wages": no
That will not DQ you at all, but it takes a long time to process and they may call you.
If you take a payment in exchange for not suing, it is not severance according to the TWC definition of severance.
I answered yes. You will likely receive a call from them asking for more information about it. Just tell them the additional money was a severance and give them the HR number for them to check. If you received a lump sum severance, it should only DQ you for 1 week of UI. At least that was how it worked for me.