Advice on appeal of texas unemployment termination.

[Becka]

Long story short...I took a part time job to supliment my benefits, which was a huge mistake.

Employer asked me to work under the table stating it would help him out and that way I could still maintain unemployment benefits. I told him twice that this is not what I wanted. Its against the law and I was not comfortable with this. After two pay periods of cash...I quit without notice.

Here are some other reasons why I left:

Offered me merchandise in exchange for working.

Agreed upon job schedule changed after one and a half weeks of unemployment.

Was told I would be rebuilding a website to sell merchandise. Employer had me unloading shipment trucks and reorganizing boxes in unairconditioned warehouse first week (DESPITE that Employer was informed that I am recovering from a broken tail bone.) and answering phones the next week.

Was told by other employees that time and a half would not be paid in overtime hours. Paychecks are then split into other company names to avoid paying overtime.



So my question is, do I have a chance to appeal this? I called my local office to report this immediately after leaving, and was advised that I should report this, as I did. Now I am being penalized for quitting an unfit job, that I held for two weeks.

Thanks!

 

[Patricia_Young]

Sure you do.

1. The company was trying to get you to engage in unemployment fraud.
2. The job was totally not as described (this is a more minor factor, but not totally irrelevant).

The fact that the work schedule changed is probably not terribly relevant, as employers can do that without a contract. Neither is the fact that they were not paying overtime, because you had recourse for that through the TWC.

Good luck. These kind of idiots p*ss me off.

 

[Becka]

thanks for the reply.

I already reported all of this to TWC and this still happened. I guess its the employers word against mine. Thats why I am unsure what happened. I cant help but wonder if its because I quit without notice, I was afriad to work after giving notice thinking they wouldnt pay me.

 

[mightymoose]

When you are being paid under the table all the usual rules of notice, overtime, etc are out the window.

In order for you to make a complaint about any issue you will have to expose that you have been working without paying taxes, and in this case in violation of unemployment rules.

The employer is in the same boat... to complain about you in any way would expose them to tax issues that aren't worth the trouble.

SInce you are already busted in this matter, you may as well sing like a bird and get someone to look into the company. Report them to the state tax agency and labor department. There are certainly more employees being paid under the table and lots of crooked accounting.

 

[Patricia_Young]

But even "under the table" is not a violation of law by the worker, only by the employer, as long as the worker reports all income and pays all applicable taxes.

 

[army judge]

But even "under the table" is not a violation of law by the worker, only by the employer, as long as the worker reports all income and pays all applicable taxes.

True, but that never happens, does it?

When this type of activity occurs, both are equally culpable.

 

[Patricia_Young]

It is not illegal for a worker to be misclassified on the worker's part. If he reports all his income, pays all his required taxes, he is not in violation of any tax law.

And yes, employers HAVE been fined for misclassifying employees and been made to pay the back taxes as well.
http://www.allbusiness.com/legal/trial-procedure-fines-penalties/11581287-1.html

 

[army judge]

It is not illegal for a worker to be misclassified on the worker's part. If he reports all his income, pays all his required taxes, he is not in violation of any tax law.

And yes, employers HAVE been fined for misclassifying employees and been made to pay the back taxes as well.
http://www.allbusiness.com/legal/trial-procedure-fines-penalties/11581287-1.html

True, I'm not disputing any of that.

I'm commenting on how people pretend they didn't know.

How amazed they seem to be when they learn they've been had!

If I wanted to be employed in a non-employee capacity, I'd do it as a 1099.

I wouldn't agree to receive cash payments in an unmarked, brown envelope, for services I was engaged to perform.

I know you wouldn't agree to that, either.

 

[Patricia_Young]

OK, I misunderstood what you were trying to convey. My apologies.