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Texas Unemployment

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NATLSECURITY

Junior Member
What is the name of your state (only U.S. law)? Texas
I went on unemployment at the beginning of this year, basically, i was let go to save face for the company-long story, but i was not at fault. Of course they appealed the decision, which was to pay me benefits. 4 months later an appeals tribunal was scheduled, and after everyone told their story, the decision was again, in my favor. Just after, i received notification that they had appealed again. 3 months go by and i get a letter saying they decided against me and that i basically have no recourse since i have no "new" evidence to appeal that decision on, and that i owe them 10k! I didn't commit fraud, i told it like it happened. my former employer had no evidence either. my story against theirs and the little guy lost. I still do not have a job, what can I do? When I do start work , can texas garnish my wages? Can they access my bank account? Put a lien on me? Legally what can they do to collect? Why do i even have to pay? I did nothing wrong, are we to assume that if an employer has muscle to flex that we shouldn't even file? TWC told me i was not at fault 2 separate times. So, because someone at TWC granted me benefits, and someone else in the same house says no, I am required to pay it back? i don't have it! it served its purpose and payed my bills! HELP!! TEXAS IS CROOKED!!!What is the name of your state (only U.S. law)?
 


Hot Topic

Senior Member
We can't give you an exact answer because you're so vague about why you were let go. At this point, you're just name calling, which what a lot of people do when their side of things doesn't hold up to scrutiny.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas
I went on unemployment at the beginning of this year, basically, i was let go to save face for the company-long story, but i was not at fault. Of course they appealed the decision, which was to pay me benefits. 4 months later an appeals tribunal was scheduled, and after everyone told their story, the decision was again, in my favor. Just after, i received notification that they had appealed again. 3 months go by and i get a letter saying they decided against me and that i basically have no recourse since i have no "new" evidence to appeal that decision on, and that i owe them 10k! I didn't commit fraud, i told it like it happened. my former employer had no evidence either. my story against theirs and the little guy lost. I still do not have a job, what can I do? When I do start work , can texas garnish my wages? Can they access my bank account? Put a lien on me? Legally what can they do to collect? Why do i even have to pay? I did nothing wrong, are we to assume that if an employer has muscle to flex that we shouldn't even file? TWC told me i was not at fault 2 separate times. So, because someone at TWC granted me benefits, and someone else in the same house says no, I am required to pay it back? i don't have it! it served its purpose and payed my bills! HELP!! TEXAS IS CROOKED!!!What is the name of your state (only U.S. law)?
I'll betcha that there is an employer in Texas who is pleased that the system worked exactly as it was supposed to...

(See, it's all a matter of perspective)
 

NATLSECURITY

Junior Member
We can't give you an exact answer because you're so vague about why you were let go. At this point, you're just name calling, which what a lot of people do when their side of things doesn't hold up to scrutiny.
the questions in my post were actually regarding the methods that are lawful to use in collecting an overpayment of unemployment benefits in texas. Can they garnish wages, access bank accounts...that type of thing. I didn't see thread that matched my type of question, so i may be in the wrong place, just thought someone might know. I was let go, like i said, to save the finance manager at the dealership from facing scrutiny from an irate customer. I was a martyr of sorts and i understand that without the details there may be some question about whether i'm right or wrong...but that wasn't the question. I know that i don't have the resources to take any action to change the decision, so it's not an option. Just wanted answers to the above questions.
 

Isis1

Senior Member
the questions in my post were actually regarding the methods that are lawful to use in collecting an overpayment of unemployment benefits in texas. Can they garnish wages, access bank accounts...that type of thing. I didn't see thread that matched my type of question, so i may be in the wrong place, just thought someone might know. I was let go, like i said, to save the finance manager at the dealership from facing scrutiny from an irate customer. I was a martyr of sorts and i understand that without the details there may be some question about whether i'm right or wrong...but that wasn't the question. I know that i don't have the resources to take any action to change the decision, so it's not an option. Just wanted answers to the above questions.
you quite possibly need to go back and look over the paperwork and any pamphlets you were given at the time of applying for benefits.

it is quite possible you will be responsible to pay all the monies back since you were determined to not be entitled to them. a payment plan can be determined. they won't treat this as a fraud situation, but more like a loan. it needs to be paid back.
 

las365

Senior Member
Texas Labor Code:

Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING BENEFITS. (a) A person who has received improper benefits is liable for the amount of the improper benefits. The commission may recover improper benefits by:

(1) deducting the amount of the improper benefits from any future benefits payable to the person; or

(2) collecting the amount of the improper benefits for the compensation fund in the same manner provided by Sections 213.031, 213.032, 213.033, 213.035, and 213.051 for the collection of past due contributions.

(b) In this section, "improper benefit" means the benefit obtained by a person:

(1) because of the nondisclosure or misrepresentation by the person or by another of a material fact, without regard to whether the nondisclosure or misrepresentation was known or fraudulent; and

(2) while:

(A) any condition imposed by this subtitle for the person's qualifying for the benefit was not fulfilled in the person's case; or

(B) the person was disqualified from receiving benefits.



Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
The bolded sections are here: LABOR CODE   CHAPTER 213. ENFORCEMENT OF TEXAS UNEMPLOYMENT COMPENSATION ACT

This info is on the TWC website. Essentially, the state attorney general can sue you to retrieve the money. There appears to be a three year statute of limitations.
 

commentator

Senior Member
The system works as it works. It is fairly well balanced between the employer and the employee in all states, as the same basic guidelines are used. Sometimes you lose on the third (board of review) appeal. At this point, there is no way to do anything about it, unless you want to try to take it into the court system. Not worth the time and effort in most cases.

One down side of unemployment is that you have received a significant chunk of money, which is now owed back. Sort of a very low interest loan.
If you still have time since you received this third decision (there is a time frame stated on the overpayment decision letter) contact the overpayment unit and request a waiver, stating that you are incapable of paying this overpayment due to your economic situation. You will be required to provide detailed financial information about your situation, and of course, must meet the guidelines, which are very low income wise.

Otherwise, since this was not a case of actual deliberate fraud resulting in an overpayment, they will probably not try to prosecute you. What will probably happen is that this overpayment will stay on your record for a very long time, and if you ever try to apply for unemployment again, it will turn up, and any future benefits will be taken from this amount before you could ever receive them again. This can also nip you if you apply for other things in Texas using the state system.

Some time back we had a man from Texas posting who had incurred an unemployment overpayment, and several years later it came up when he tried to apply for a business license. The best thing to do, if you cannot get a waiver, is to ask the unit to defer your repayment until you are employed again. Then you can begin paying the overpayment off at your own rate and in your own time.

Talk to the overpayment unit. Do not bother to curse them or tell them how crooked you think the whole state of Texas is. Just ask them to work with you concerning this overpayment. You are certainly not the first person this has happened to, and they will work with you if you are willing.
 

commentator

Senior Member
And they've probably heard it before several times this morning.

It is sort of hard on people (who are, of course, unemployed!) to be hit with an overpayment, even though they've been allowed to draw the money. People in the overpayment unit usually realize this, and are quite sympathetic and willing to work with people who are reasonable.

Since it is not coming directly from their account, but will later affect the taxes they're already paying, it isn't quite as immediately hard on employers to lose an appeal. But eventually, they have a cost too. There's a down side to either side losing. Doesn't mean the system is crooked either way, just means there are rules. Who follows them best by the agency's judgment wins.
 
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