Unemployment compensation

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kt9562

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I was unemployed during an 8 week period last summer for which I filed for unemployment compensation. During the time I was unemployed, I also was paid for 2 weeks of previously accrued PTO. I work for a company that hires me out as a consultant for other companies. One of the benefits I receive is that they accrue a percentage of my billed hours for me to use at a later time as PTO, so I typically save up these accrued hours to help bridge my family financially in between assignments.

So 2 - 3 months after I landed a new assignment, the Texas Workforce Commission sent me a notice saying I had been improperly paid during my period of unemployment. Unfortunately, they sent me the notice in mid December. Since I had been fully employed for 2 - 3 months, and because it was the end of the year, I assumed it was my 1099 for the year. As a result, I filed the notice in my 2010 tax file where it remained unopened until I did my taxes in early February.

As soon as I opened it and realized what it was, I immediately responded and provided them the details behind what happened. The TWC would not hear the real facts of the case because they only allow 14 days from the time their notice goes out for people to respond. So based upon a technicality, they continue to insist that I pay them back for unemployment compensation that I had every right to receive.

I continue to appeal the decision to the TWC, but they continue to hide behind the timeliness argument and refuse to look for the truth about what happened.

I would appreciate any guidance as this has become as much an issue of principle as it is financial
 
YOU did not open your mail, and THEY are "hiding behind the timeliness argument"?

Sorry, not buying what you're selling. If you had not made assumptions and allowed the notice to sit unopened for several weeks, you wouldn't be in this situation. Not their fault - yours. Your fault - your problem.
 
I was unemployed during an 8 week period last summer for which I filed for unemployment compensation. During the time I was unemployed, I also was paid for 2 weeks of previously accrued PTO. I work for a company that hires me out as a consultant for other companies. One of the benefits I receive is that they accrue a percentage of my billed hours for me to use at a later time as PTO, so I typically save up these accrued hours to help bridge my family financially in between assignments.

So 2 - 3 months after I landed a new assignment, the Texas Workforce Commission sent me a notice saying I had been improperly paid during my period of unemployment. Unfortunately, they sent me the notice in mid December. Since I had been fully employed for 2 - 3 months, and because it was the end of the year, I assumed it was my 1099 for the year. As a result, I filed the notice in my 2010 tax file where it remained unopened until I did my taxes in early February.

As soon as I opened it and realized what it was, I immediately responded and provided them the details behind what happened. The TWC would not hear the real facts of the case because they only allow 14 days from the time their notice goes out for people to respond. So based upon a technicality, they continue to insist that I pay them back for unemployment compensation that I had every right to receive.

I continue to appeal the decision to the TWC, but they continue to hide behind the timeliness argument and refuse to look for the truth about what happened.

I would appreciate any guidance as this has become as much an issue of principle as it is financial

Even IF you had filed a timely appeal, you'd have lost then, too.

You received INCOME.

TWC treated the INCOME as they would have treated a vacation check.

You had an obligation to report it.

You had an obligation to report ALL income.

You failed to report it.

Yet, you received benefits.

You're free to appeal, that is your right.

You'll continue to lose.

TWC wants their money.
 
Thanks for the response. To be clear, are you saying that being paid for previously accrued PTO would have negated my ability to receive unemployment compensation for that two week period? I ask because if that's the law, then I completely misunderstood how it works. I thought unemployment compensation was intended to cover periods where you did not work, and thus were not paid. I did have 2 - 3 weeks where I worked say 15 - 20 hours, and I did report those hours to the TWC.

I appreciate your assistance in helping me understand how the law is supposed to work.
 
If you received income, you report it. Doesn't matter if it was "previously accrued PTO" or commissions or a year end bonus. You receive income, you report it.

It is FOOLISH to assume that you don't need to report any kind of income. If it will not affect your UI but you report it anyway, the UI office will disregard it. But if it will affect your UI and you don't report it, you get to pay back the excess.

The TWC has no fault here. You assumed that you did not have to report the PTO; they gave you an opportunity to provide your side of the story; you failed to open your mail and thus missed your chance to provide other information; they are holding to the rules. I'm not seeing where anyone is at fault but you.
 
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