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TX--Unemployment Benefits overpayment

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texasworker

Junior Member
What is the name of your state? TX

My prior employer and I disagreed on whether I was laid off or left voluntarily.
Initially, the Texas Workforce Commission (TWC) sided with me and over the course of 10 weeks ended up paying me $2900 in unemployment compensation benefits.

My prior employer fought the payment through several commission hearings and rehearings and finally prevailed against me. I had no $ to go further in the court system.

I just started working again (after 5 months of no wages) and have received a letter from the TWC demanding that I repay the $2900.

Questions:
1. Does TX have the right to garnish wages for unemployment benefits overpayments?
2. Does TX typically resort to garnishment or do they withhold future unemployment or other benefits to offset the overpayment?
3. Can I refuse to pay based on their incorrect determination of that the unemployment was improperly paid?

Thanks!

Broke in Texas (but working my way back)
 


ecmst12

Senior Member
If you didn't file or win an appeal of the decision to deny, then you owe the money. There is probably a time limit to file such things.
 

pattytx

Senior Member
1. Yes.
2. Not if they don't have to, but I've seen it happen. Contact them and see if you can set up a repayment plan.
3. Not if you don't want your wages garnished.

Why would this have to go through the court system? Was this a binding decision with no avenue for further appeal through the TWC?
 

texasworker

Junior Member
The way it works in Texas

Thanks to everyone who responded.

Here's how it works in Texas:
If your ex-employer says to the Texas Workforce Commission that you quit and were not laid off, then each side files a summary of the events leading up to the separation to the TWC.
The TWC holds a phone hearing and the examiner makes a decision.
If you disagree with that decision, you ask for a rehearing supplying any new evidence or pointing out evidence not properly considered by the examiner.
The re-hearing is decided without any further contact with the parties.
If you disagree with the decision of the rehearing, then you file an appeal to the TWC arbitration tribunal consisting of 3 individuals, 2 of whom have ties to business and one of whom has ties to labor. Their review of the evidence is final insofar as the TWC goes. Simple majority rules (in my case, the two business appointees were against me, whilst the labor appointee was for me).
If you disagree with this result, you must file an appeal in Texas district court.

Of course, the scales are now heavily tilted in favor of the TWC, because they have stopped paying unemployment benefits upon the decision of the 3-man tribunal, and the unfortunate ex-employee is now neither employed, nor receiving unemployment benefits, right at the point where dollar costs to appeal skyrocket (attorneys are necessary for this part).

That's why I stopped going on. It was all too one-sided and inequitable. Now that I'm working again after diligently seeking work for 5 months (no thanks to the TWC, who did nothing worth mentioning to find me a position), TWC is dunning me for the benefits paid.

Life is unfair, I guess.

Thanks to all who responded! I'll let this forum know when/if things change.

TexasWorker
 

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