Thread regarding Chevron Corp. layoffs

If Anyone knew received Severance package could affect to apply unemployment benefit?

In Last couple days, got a message from TWC (Texas workforce commission) about unemployment benefit over payment for July-Sept 2016. They requested to pay back. I was so confused.

After multiple conversations, they said it is because of type of Company's Severance package received. Although got them in June, and Applied for unemployment in July 2016, at that time, they did checked with Company, and company had no objection! After a year, they said I should to wait until severance package used up. (e.g. if the package is for 2 months, have to wait for 2 months to apply) , I have no clue about this....it seemed very strange they want to control how you spend your money, doesn't matter each family has different needs. In addition, since this is part of income for last years, I have paid high income tax for 2016, the rate was very high.

I wonder if anyone has same issue. they want "July-Sept 2016 over payment " back quick (within 2 weeks)....I have appealed but I really didn't know anything about this until now. I am so stressed out, can’t breathe and sleep. I am very worried. No job, no income, each month endless bill need to be paid, and now they are doing this to me. Any useful advice is greatly appreciated.

Thank you in advance!

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Post ID: @OP+OHrYPTw

31 replies (most recent on top)

Do you morons know what you're talking about? The average IQ on here is very very low.

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Post ID: @bxky+OHrYPTw

It's too bad that they don't extend the state sponsored Federal mandated unemployment benefits of the DOL (United States Department of Labor) like they did during the Obama administration. I am no big Obama fan, but it was nice of them to carry on the benefits to 18 months almost automatically, if I remember correctly, then optionally 2 years. That was back around 2010. You would think they would do that for the Oil & gas situation. There was a poster erroneously posting comments below about the Federal govt. and the IRS not being involved with the UI program. That's completely false. They also have access to your income tax returns, federal and state. (yes they are connected at the hip) It's pretty scary, actually since the offices are staffed with very low-level workers with access to your critical information. I know quite a few who's info was leaked after collecting benefits and they got those fraudulent tax returns filed in their name. Thankfully, most of that is caught up front these days.

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Post ID: @aftp+OHrYPTw

The bitterness you read on this site tells you there is something internally wrong with this company when chevron hires you they give you an offer letter and the promise of a career. It is nothing but fake news. College graduates stay the hell awAy from this company. Go to amazon , google, Adidas

Chevron is a big wet dream

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Post ID: @7pkk+OHrYPTw

-5obk, way-to-go great news. Good for you and best wishes.

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Post ID: @6vfy+OHrYPTw

Your advise is good, 5ftn. If a person can wait for their severance check to arrive first within 45 to 60 days after they are off the payroll, then that might work best. But, there are ex-Chevron employees who actually live paycheck to paycheck who can't wait 2 months to get their severance check before applying for UI benefits. They have a mortgage, a car payment, utility bills, kids, etc. I for one was laid off in late 2015. I applied for Texas UI benefits the day after I was officially off the payroll and I actually waited almost 2 months before signing my waiver papers in order to get my severance. I was debating whether to sue the hell out of Chevron for blatant age discrimination. I later decided it best to not fight and move on with my life. That turned out to be the best move I made. I now have a small company with 7 employees and earning a great living.

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Post ID: @5obk+OHrYPTw

You made a mistake by applying for TWC too soon. They are not very favorable towards Laid off employees and my recommendation is to ensure that you have collected your severance first, and wait a month or two after that and then apply to TWC for unemployment. Make sure your not making any other side income when you apply and plan to stay in texas for the duration of the unemployment period.

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Post ID: @5ftn+OHrYPTw

2uua, do you surf the net for "layoff sites" other than that for your own company or ex-company? Why would anyone do that? Most of the people posting here are quite bitter and do not represent but a tiny slice of the company (that which was sliced off) and are in no way representative of the company itself. Also, you need to consider the source of these comments. Most posting on a layoffs site will generally not have much good to say at all, and even less, to say good about the company. I find that very sad since being laid off was the best thing that happened to me, and opened many new doors and opportunities!

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Post ID: @2dls+OHrYPTw

Of all the layoff sites I find chevron's has the most aggressive tones. Is that something to do with education standards or is there some other influence.

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Post ID: @2uua+OHrYPTw

Wrooong, 1hmi. Again, you're confusing things. No wonder you were laid off. The DOL and the Texas State-run TWC are not joined at the hip and are indeed separate. DOL is a federal agency that sets federal labor rules and guidelines. The TWC is a state-run agency for The Great State of Texas (ONLY!!!). I purposely capitalized the word "Only" so I can scream it to you. Some people here are as thick as a brick. Please remember to breathe, since if you forget, you will die, son.

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Post ID: @2vni+OHrYPTw

5 Consequences of Committing Unemployment Fraud

Unemployment fraud can be charged if an individual fraudulently files for unemployment benefits. This can occur if the individual misreports previous income, lies on an application, fails to look for a new job or does not report an income source. If you are found guilty of unemployment fraud, you may be subject to civil and criminal punishments.

1 Repayment of Debts

First thing is first: you cannot keep any money you received through fraudulent unemployment claims. You will have to repay every single penny, even if the money has already been spent. This can result in large debts to the state. A debt to the government, federal, state or local, is a senior type of debt. This means it will take priority over all other debts, and your wages may even be garnished in order to make the payments.

2 Failure to Collect in the Future

Unemployment fraud does not automatically mean you will not be able to collect unemployment insurance in the future. However, collecting in the future can be made more difficult by committing fraud today. You will be under much more supervision in the future, and you will have to absolutely fulfill the terms of your contract in order to maintain your benefits. Depending on the circumstances surrounding the fraud you commit, you may be entirely disqualified.

3 Criminal Charges

If the amount you collect is very large or if you have committed fraud more than once, criminal charges are likely. This means you will face actual criminal penalties, including jail time, for the actions you committed. For example, large unemployment scams have been uncovered in the past whereby one or two individuals collected checks under false names and information for a multitude of individuals. This type of action resulted in lengthy prison sentences for the individuals involved in every case.

4 Criminal Record

When you are convicted of a crime, the punishment sticks with you for a lifetime. It is important to remember that all unemployment fraud is a criminal act, even if you do not face prosecution in a criminal court. This act will go on your record, and you may face other problems in the future. For example, you may be precluded from applying to government jobs. Some private employers also ask about criminal activity on a job application and may refuse your application under these conditions. Fraud is an act of deceit, and employers look unfavorably on deceitfulness.

5 Inability to Secure Employment

Since it is a challenge to secure a job with a fraud conviction on your record, you may not be able to locate employment. In fact, most "white collar" jobs will be out of your reach if you have a criminal unemployment insurance conviction. Add to this the fact you may be rendered ineligible for unemployment benefits, and the penalties you face will be massive. Simply put, it is not worth risking an unemployment fraud accusation to collect what often amounts to a small sum of money from the government. These benefits are intended for truly needy individuals; if you are not truly needy, it is best to simply secure a new job.

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Post ID: @1lxx+OHrYPTw

@OHrYPTw-1plw, That's exactly right. The period that you want to receive the UI checks is the following tax year from your severance. That's what happened to me and it was taxed at a much lower rate also

  • actually 0% because of no other taxable income. I have no idea why someone would lie, think that they are gaming the system, then accept a 35% or so LESS benefit, while subjecting themselves to fraud like th OP found himself in. I just think that so much of this falls through the cracks that people think it's fair game to lie on Federal and State forms. What comes around goes around. Pretty pathetic.
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Post ID: @1qgf+OHrYPTw

If you got away with Lying on your form, good for you. The OP did not. That is nothing that I would advise. Did you receive a severance package from Chevron? Or did you not?

You received Nothing? Poor baby. I received a nice fat severance check. And if asked about it by any Federal or State agencies, I have no reason to lie like a loser who thinks that they know how to "play the system" by committing fraud. There is too much to lose and it doesn't affect your unemployment insurance at all anyway, as one poster stated below, so why would you lie? It didn't affect mine. What you see here is someone telling the OP to lie which apparently got him in trouble. Moral of the story is - Don't take bad advice from anonymous cowards posting on the layoffs forum.

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Post ID: @1wsp+OHrYPTw

Last I checked, the DOL is a FEDERAL AGENCY, son. Post not of what you know nothing. When Obummer gave you 18 months in 2010 or so (some more,) of UI benefits, for electing him, which you did when you voted for him, loser, TEXAS had NOTHING to do with it. They have access to your IRS filings and statements and are DIRECTLY AFFILIATED WITH THE FEDERAL GOVERNMENT. Period.

"The Department of Labor's Unemployment Insurance (UI) programs provide unemployment benefits to eligible workers who become unemployed through no fault of their own, and meet certain other eligibility requirements.The following resources provide information about who is eligible for these benefits and how to file a claim.

The Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined under state law), and meet other eligibility requirements of state law."

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Post ID: @1hmi+OHrYPTw

I answered yes to the question and still received my unemployment benefits immediately because of the type of severance i received. Twc will receive this info from your employer so should really not matter whether you answer yes or no.

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Post ID: @1qar+OHrYPTw

After 30 years with the company, I EOI'd and was officially off the CVX payroll in June of 2016. I answered yes to the question of severance and waited an entire year before claiming my UI benefits which I will get in full before the end of the year. For those who smuggly report that they claimed their benefits immediately, you probably ended up paying a much higher federal income tax rate on those benefits than if you had waited to claim them in the next calendar year. Leaving in June, I had 1/2 year of CVX salary, plus an entire year of severance pay. That put me in the highest tax bracket for my 2016 taxes and any additional income (yes, UI benefits are considered income) would be taxed at 35%. Now in 2017, my income is much lower (cvx prorated bonus, investment income which I control and UI) and I will save ~$2,560 in federal income taxes since my federal income tax bracket this year will be 15%. Here's the math: $12,800 x (.35 - .15) = $2,560. Sometimes it pays to follow the rules.

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Post ID: @1plw+OHrYPTw

@zdy, Speak only what you know about, else you contribute nothing of value. The Texas Workforce Commission (TWC) and the Internal Revenue Service (IRS) have absolutely nothing to do with each other. First, the TWC is a State agency with no tax authority and the IRS is a Federal agency that does. Second, unemployment benefits have absolutely nothing to do with taxes, much less Federal. Remember the State of Texas doesn't have a State Income Tax system. I was one who was laid off in 2015. I applied for UI benefits online the day after being formerly released as an employee and I answered the severance question with a "No". I received my first payment within 2 weeks and continued getting my payments for 6 months without so much of a peep from TWC. Surely it is always a good policy to answer questions truthfully, but sometimes answering another way is more expeditious. If you figure the bureaucratic idiots over at TWC will hold up your money because you have a severance check coming, just tell them you don't. In fact, when I applied online, I still hadn't received my severance package with waiver papers to sign and mail back. So technically, I was truthful in answering the question, as I had not yet been paid a severance.

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Post ID: @1aoj+OHrYPTw

Your English sounds poor, have you thought of going home?

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Post ID: @1jau+OHrYPTw

The "release of claims based on an alleged violation" is generally the results of you winning a lawsuit or settlement of some type. not the same thing as a severance.

The Texas law does not disqualify you from receiving UI benefits and still receiving your severance, but the conditions must be met:

"In Texas, severance will not stop receipt of unemployment benefits, but payments will be delayed until the payment's period of coverage has expired." (Same as most states - and it's not a year, they just do some weird math and it's a number of weeks)

In any event, lying on the form is an entirely different violation and may come with a consequence or penalty of it's own. It is not out of the question that it is grounds for the penalty of have to return all received benefits. We apologize for the erroneous and irresponsible advice you were given earlier to lie on the form, if it was from this site, you should have never taken it

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Post ID: @1eon+OHrYPTw

Look up Sec. 207.049 (b) (1) (A) RECEIPT OF REMUNERATION in Texas Labor Code

"In this section, "severance pay" means 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 remuneration received by an employee under a release of claims based on alleged violation."

Isn't this covered by the "Release of Claims" we had to sign and return before getting our payments? I do not believe there is any thing wrong with answering NO to the severance question.

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Post ID: @1aft+OHrYPTw

I found this explanation on the web:

"Section 207.049(1) of the Texas Labor Code states that a claimant will be disqualified from receiving unemployment benefits for any benefit period in which he is receiving wages in lieu of notice. The Labor Code does not, however, disqualify an individual from receiving benefits who is receiving severance pay. What, then, is the distinction?

Although the Labor Code does not define the terms “severance pay” or “wages in lieu of notice,” 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. Those wages are severance pay.

Wages in lieu of notice are additional wages that the employer is not obligated to pay. They are paid only because the employer has chosen not to give the employee notice of termination in advance of the date of termination. The amount of wages is not based upon longevity or length of service."

Chevron paid a lump sum severance NOT wages in lieu of notice. You may have to look up the actual statutes to better understand it. Also, the above implies that you may only loose the benefit period (1 week period) in which you actually received the severance payment. Or at worse you loose benefits for the whole period the severance covers in which case it is being considered as wages in lieu of notice and you count the severance "wages" in the UI application and get it all back a little bit later.

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Post ID: @1ubg+OHrYPTw

The SESP (Surplus Employee Severance Pay) received was a lump sum payment and thus should not effect Texas UI benefit status. Also, the SESP payment was actually compensation for releasing Chevron from age discrimination or other claims the employee may have. Since receiving the payment required executing the release, it could be considered just a contractual payment in exchange for your rights to sue them.

I answered NO to the question honestly because I applied for UI before putting in for my payment and I consider it just a contractual payment to release Chevron for their age discrimination against me.

As said below reply forcefully with a certified letter. Good luck

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Post ID: @1amz+OHrYPTw

Ha ha Ha Ha. Priceless!!! I didn't lie, I just didn't know that the question "will you be receiving a severance?" meant "Will you be receiving a severance?"!!! Too Funny!! You can't make this stuff up. Keep 'em coming folks! I'll get some popcorn.

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Post ID: @1plv+OHrYPTw

The UI rules in Louisiana are not the same as in Texas....in reference to collecting UI once you have received a severance payout.

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Post ID: @1cta+OHrYPTw

I checked the TWC site about" base period requirement -The base-period covers the first four of the last five quarters prior to the start of the applicant’s unemployment insurance claim. ...",

I wonder if someone who worked for company for 30+ years, got whole year worth severance package, based on this TWC 's rule, wait for a year to used up the package then to apply benefit? that means by that time the person didn't even meet requirement due to zero income after July 2016.

I still believe how to use this lump sum package , it is not anyone's business but the family who owns it. they can spend all in one month if they need, e.g. pay off house or car.... it should be separate from applying unemployment benefit, because TWC will charge to company to get unemployment funds.

In addition, I didn't think I lied about severance package, may be simply misunderstood question. it maybe an innocent mistake to say the most. whatever happened over a year ago. I really don't remember anymore.

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Post ID: @1ddt+OHrYPTw

You guys are giving some very poor advice. The statement that teh unemployment office made about first exhausting your benefits is 100% correct. I listed mine and then they was a delay before my UI payments started, based on that, but I received them. I was 100% honest on the form. All you are doing when you say NO, I am not receiving a severance, is lying and hoping you do not get caught, and most times you don't. but that doesn't make it right. I doubt that there will be much repercussion, and the OP is handling it correctly, but I would treat every step with care from here on out. They absolutely DO have the authority to recoup falsely obtained funds and since they are associated with the IRS, the outcome would not be pretty. There should be a way to argue your way out of it, but how do you explain answering a question falsely on a form?

It doesn't matter which kind of severance, lump or payments, (I've never heard of spread out payments after a layoff but that's just me), a severance is a severance, the truthful answer is YES, I am receiving one -that explanation is laughable. Listen to yourself!

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Post ID: @zdy+OHrYPTw

Surely you must have some money in savings or other resources to pay it back.

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Post ID: @pnz+OHrYPTw

@cpt, Sorry to hear of your plight with the TWC. I wouldn't sweat it. It's all a screwed up bureaucratic mess over there. Write them a stern, but polite letter and mail it back certified mail, stating they investigate the matter with Chevron. Every Chevron laidoff employee received a severance package and in the State of Texas, all were legally entitled to receive unemployment benefits immediately. Believe me, they won't bother you after thy get your letter. They don't have time to waste chasing these things, much less spending 5 minutes in the bathroom. If you've exhausted your 6 months of UI benefits already, just relax. Just be sure to reply to their concern via certified mail. You did your part and now it's on them. Best of luck in finding your next job.

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Post ID: @cbe+OHrYPTw

Thank you for your advice! Honestly, I didn't even remember how I answered question when I applied last year. it felt long time ago. Whatever answer was, it was an innocent mistake, TWC checked with Chevron and went ahead approved, now they said it is fraud, Really? OMG, they requested to pay back overpayment from July to December 2016, (over $8K), I filed appeal. this is so out of hand, ridiculous. I am unemployed and no income, how I am going to pay back.

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Post ID: @cpt+OHrYPTw

The Chevron Severance Package will not prevent you from applying and getting State Unemployment benefits. In any case, be careful how you answer that question on the application for benefits. When questioned if you are or will be getting a severance payment from your previous employer, answer "No". There are essentially two forms of severance payments. There's one type where companies provide periodic payments in lieu of severance and there's another that pays the severance as as large single payments, as Chevron does. The periodic severance payments will disqualify you from receiving unemployment benefits until the payments end. If you're still unemployed, the State will begin sending you UI benefits. When you get "paid off" as done at Chevron, this will not preclude you from getting UI benefits started right away. But, my advice would be to simply answer "No" on the application when questioned if you are or will be getting any severance payment. I did that way in Texas and got my UI benefits immediately with no follow up questions.

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Post ID: @tdp+OHrYPTw

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