Over payments? Maybe

[funbury]

What is the name of your state (only U.S. law)? Texas
I have a unique situation. I was verbally told by my boss concerning my employment that the company was going to go in a different direction. When I asked when was the date? I was never given a clear answer. I was told you will know. I asked for a specific date so I when I filed for unemployment I could give that date. A specific date was never given to me. I was told that they didn't have a specific date in mind and asked me what date I would like? I asked them to give me until July 6 so I filed for unemployment it would be based off of the first-quarter 2014 and not 2013. My boss said sure no problem. However the last day I was on property was June 13 they said they were going to give me until July 6 so my unemployment claim would be based off of 2014. I was okay with that so we decided to part ways. I was expecting one more paycheck maybe two however I receive three more paychecks. I thought maybe I would receive two but why would I be receiving three? I'm just curious is what I should do. I don't know exactly when my last day of employment was/is. I am waiting to file for unemployment but they still keep on paying me, any suggestions?

 

[eerelations]

Are you still working there? Do these paychecks cover time you worked, or do they cover time you weren't working?

 

[funbury]

I have not been there since June 13th. The last check that should have covered that pay period I received on June 20th. Yet I received an additional 2 checks.

 

[commentator]

FILE YOUR CLAIM FOR UNEMPLOYMENT NOW! Any time you file after the first full week of the month the quarter changes begins, you'll have that quarter change in your favor if it is going to be. So anytime you file now will be within the better new quarters for you (based on the first four of the last five completed quarters back from the filing date, never, of course, the quarter you are in right now.)

But any week you are not showing up and on the premises, yet receiving money, you need to GET IT ESTABLISHED as to what it is, whether it's "wages in lieu of notice" or severance or whatever. The unemployment office will contact them and let them tell them this, so you'll find out. If you are receiving either wages in lieu or severance, and are not eligible for benefits, it doesn't make any difference when you file, (of course understanding that you have waited till the quarters changed in July) and they'll tell you when you can re open your claim, get it all started, actually begin drawing,etc. Sometimes, in some circumstances, even if they're paying you what they call severance pay or wages in lieu, you can still start drawing your claim. File and see.

This whole "we aren't giving you a date" thing sounds like they are going to claim that you voluntarily quit or something. Don't be surprised if after you file your claim, they call you and say the employer says you have voluntarily resigned. Tell them the exact facts and be prepared to argue this one through.

Why would they be paying you when you're not showing up? It sounds hinkey to me. And as you say it, there has been nothing on paper here. You know, of course, that any time a person quits a job, they're likely not to qualify for unemployment, and that any time they do receive unemployment, the money comes from the employer's unemployment tax account, and costs THEM money, so they aren't happy to let employees draw if it's avoidable, will even lie to them to avoid this outcome, may even lie about the reason for your separation. So file now, get it established what this is, make them say it. I doubt seriously if they're going to keep chucking money at you for not being there very long. And when it comes to getting an unemployment claim on record, you can file anytime, even when you're fully employed, just to set up a claim, and it will be there for a year, ready when you are ready to claim it. But get the experts involved on this situation right now. Don't believe everything your employer tells you.

 

[cbg]

While it is likely that commentator's assessment is correct, I do just want to mention that I have seen it happen where Payroll and/or HR were not notified on a timely basis that an employee had left the company (one former employer in particular was notorious for not sending us any notification of a termination until as long as three or four weeks after the last day of employment) and that IF the "different direction" is as a result of a pending merger or buy out (which may not have been announced yet) it's possible that the employer legitimately does not know the official date yet. BTDT and got that tee-shirt too.

 

[commentator]

Agree, but the person needs to file that claim now and have it sitting in readiness for when they really are going to call it a whatever they're going to decide to call it. It's not like they're going to keep paying him for months, not coming to work.

 

[cbg]

Not questioning that, at all.

 

[funbury]

Not to be a mooch, but I have spent that money, as needed, that I was paid. Is it possible they will try to make me pay it back? I'll get the claim started. I just didn't want to file a "false" claim and have the Feds come after me.

 

[cbg]

Yes, it is possible that they will try to make you pay it back, which is why you need to notify them that you are still receiving checks and inquire if you are supposed to be getting them. Because there is a very good chance that, if they were to sue you for the money, they would win. In your specific situation, there's a chance that a court judgement would go in your favor - not a very big chance, but a chance at least. But most of the time the answer would be, the employer WILL win if they sue. If the checks were issued in error, you have no right to them, and you don't want to spend any more than you already have. So get on the horn and find out for sure if those checks are yours or not.

 

[commentator]

Your worry isn't filing a "false" unemployment claim, as long as you tell them the truth. And the truth is, you have not reported or done any work for this company since the day you walked out on June whatever. You were told to leave after that day, or not to come back that day, by Joe Blow, supervisor. THAT WAS YOUR LAST DATE OF EMPLOYMENT.

They told you they'd "give you" until July 6th, but you were only expecting to be paid up to that time. (Don't bother to go into the thing about your unemployment quarters. That's not something you need to cloudy up the information you give unemployment with.) Your unemployment claim is based on the quarters that are being used on the date that you actually file the claim, not your last date of work or pay. Since that time, you have not reported for work (based on your agreement with your employer that you would not, whatever the conversation was when you and they last spoke.) You will tell them that you have received paychecks for the 3 payroll periods since this.

You are going to file the unemployment claim. You are not going to be eligible for unemployment based on whether or not you are getting paychecks, it's not based on your income, but it's based on when you last WORKED. You do not have any idea why they have paid you these last three paychecks. You did not discuss with your employer whether this was wages in lieu of notice or just severance or just because they think you needed the money, or because they are making a mistake and have not yet taken you off the payroll in error.

But when the unemployment system sends them the request for information about your separation, and asks them what this money is that you have been receiving, you can bet they'll have some answer for them! They'll look into it quickly at that point. Even if this is a payroll error, I doubt very seriously if they will demand the money back in this situation, don't think you have much to worry about, but it gets more worrisome as long as you dally around.

DO NOT HESITATE. FILE THE UNEMPLOYMENT CLAIM. It is not fraud to file a claim, no matter whether you are working full time or not working or whatever. It is fraud to LIE to the unemployment system about any aspect of your situation when you file. And as I have said before it is not going to be based upon your income, your need, how many paychecks you have received, but whether you are doing work, showing up for work, etc. Tell them the truth. Let them deal with it.