Unemployment Benefits

[Al Iglesias]

What is the name of your state? FL
Hello Beth and Crew:
As an employer, I am filing out an Notice of Application for unemployment benefits from the Texas Workforce Commission for an employee we let go on June 16 of this year. He was let go under a contract via section entitled "termination without cause". His area market was for over a year producting nada in other words. He was entitled under this section to receive 6 weeks salary and earned commission through that period. Which he received through July 31st. The form from Texas asks: "Did you pay the applicant wages instead of providing advance notice of work separation (wages in lieu of notice) Yes or No if yes how many days did you pay and dates pay covers beg to end". What confuses me is that we did both paid wages and gave him notice. How should I answer this.

Regards,
Al Iglesias

 

[Beth3]

Hey, buddy.

That question confuses me too unless the UC Division is referring to the federal WARN Act (or State equivalent) - which requires 60 days advance notice in the event of a mass layoff or company closing (or pay in lieu of). Obviously, neither of those apply here.

You can always call the UC office and ask what they're referring to, which might not be a bad idea. Assuming that the question does indeed referring to a "plant closing" law, then I'd probably mark the question "N/A," report the wages, actual last day of work, and be done with it. You don't have any basis to contest eligibility (i.e. there's no misconduct), so I imagine it doesn't matter a heck of a lot.

 

[Al Iglesias]

Thanks Beth:

As usual great advise!! Thanks. I called the Texas Unemployment and spoke with a wonderful gal named Rosie who said I would check yes on the box "did you pay the applicant wages instead of providing advance notice of work separation (wages in lieu of notice)" and for me to make a note that it was based on company contract. She understood that it could be confusing the way it is worded and agreed with me that they possibly should elaborate further as she had to pull out a manual describing all the criteria involved in asssessing this matter. The number for Rosie if anyone needs it is 800-819-9146. Thanks again for your help and hope your are well.

Your Pal Al