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Old 08-08-2018, 02:52 PM
 
28 posts, read 66,649 times
Reputation: 13

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Hello,

Im new here and a lurker and just recently joined.

I got layed off in June 23, 2018 and applied (UI) on July 15, 2018. My first payment request was on 07/29/18 and it was processed but no payment all it says is that "TWC is reviewing your claim to determine if we can pay you benefits. If we need additional information, we will contact you." and on 08/06/18 I received a letter from TWC as follows:

DETERMINATION ON PAYMENT OF UNEMPLOYMENT BENEFITS:
Issue: Validity of Claim-Initial Claim
Decision: Your claim is valid.
Reason for Decision: Our investigation found you were unemployed on the date you applied for
benefits.
Date of Approved Claim: 07-15-18
What you can do: Continue to submit your payment requests and respond to any correspondence you
receive from TWC.
Law Reference: Subsection 207.021(a)(2) of the Texas Unemployment Compensation Act.

My question is what is this all mean? am i approve for benefits? ALSO when I called the automate # it saying that it didnt pay because of issues? I havent call yet to speak to a real person. Im going to request again this coming sundays if im approve will i get money from 07/15-07/28 week period? Thank you all! Have a good day!
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Old 08-08-2018, 04:20 PM
 
13,131 posts, read 20,972,911 times
Reputation: 21410
It's just one of Texas convoluted ways of doing things. It basically says your claim is valid in that you have Texas employee wages sufficient and long enough to get benefits IF you are not disqualified. In moist other states, you get a nice form explaining the same thing as you just received plus the amount of wages you have on record and how your benefit was calculated off those and any prior wages. It shows you your award amount, how long it will last and how much each week. Texas just does thing different to be different.

Now, it is possible that wages for that employer were not appearing as normal and when sorted out, they sent that letter saying its all straightened out. However, if that was the case, you should have received a notice saying something was wrong with your wages. Did you get anything prior?
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Old 08-12-2018, 07:12 PM
 
28 posts, read 66,649 times
Reputation: 13
Hi sorry for the late reply,

i didnt received any letter about my wages. I requested again today and still no paymet all it says is "Reason for No Payment: TWC is reviewing your claim to determine if we can pay you benefits. If we need additional information, we will contact you." Should I go ahead and call? Thank you.
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Old 08-13-2018, 06:47 PM
 
Location: Wisconsin
25,576 posts, read 56,460,696 times
Reputation: 23378
You applied on 7/15. TX has a waiting week which means, to date, the most you are owed is for weeks ending:

July 28
Aug 04
Aug 11

The letter you received means you have a valid claim based on eligible wages/employment. It does not mean approval. TX is still investigating the reasons for your discharge. Keep claiming.

If your claim is eventually approved - which can take six-eight weeks - you will be paid all back weeks beginning with week ending 7/28.

If you don't hear anything definite or receive money in another two weeks, call. Right now, it's probably too soon. You can call now, of course. However, know that nothing you would say to a phone rep at this point would have any effect if TX is still investigating.
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Old 08-14-2018, 03:26 PM
 
28 posts, read 66,649 times
Reputation: 13
I just missed a call from investigator asking me a question about work separation I guess my employer constested that they didnt lay me off? Does this necessary mean im denied? I still have the text from my manager that "when a post is available he will contact me". is this good enough evidence?

I hope i get a call back tomorrow.
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Old 08-14-2018, 04:29 PM
 
Location: Wisconsin
25,576 posts, read 56,460,696 times
Reputation: 23378
You really don't know what the employer said. If you haven't been interviewed as yet, investigator is calling to get your side of things. Call TX and try to get through to the investigator.

If employer is giving a different story/contesting, it is (remotely) possible if you provide the investigator a copy of the text message, you will avoid a denial. Generally, the automatic decision if employer contests is a denial which you would need to appeal which process could take a couple of months. Proof of discharge via text message would be considered at the appeal.
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Old 08-14-2018, 05:06 PM
 
14,500 posts, read 31,064,506 times
Reputation: 2562
Quote:
Originally Posted by touchstone1766 View Post
I still have the text from my manager that "when a post is available he will contact me". is this good enough evidence?
All that proves is that you do not currently have a position.

It doesn't prove that you were "laid off," as you claim. The reason you don't currently have a position could be that you were late 12 times last month, and they'll never have a position for you. Could also be the employer has been trying to call you (even though they are calling a number that was disconnected 20 years ago) to offer you a new slot.

You have to be more critical in the way you view things or you might say or do something that ruins things for yourself. Let your employer be the one to get you denied, not you.
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Old 08-17-2018, 08:19 AM
 
28 posts, read 66,649 times
Reputation: 13
Goodmorning,

I still haven't heard from the investigator (she said shes going to return my call within 48 hrs) should I just wait till past the deadline to see if I am denied? What should I do at this point?

The first deadline to call was 8/16 and now its change to 8/24 and the voicemail she left was regarding "employment separation"that need to address. Does it mean anything?

Last edited by touchstone1766; 08-17-2018 at 08:36 AM.. Reason: More info
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Old 08-17-2018, 09:47 AM
 
14,500 posts, read 31,064,506 times
Reputation: 2562
You wait, and ignore them. You think you were "laid off." UI workers don't need to speak to you about a "separation issue," when the employer agrees that you were "laid off." Obviously, it means that your employer is saying something else, and you do NOT want to discuss this on the phone with a UI worker because they can double talk you into saying the wrong thing or just lie and say you said it.

The UI worker is required to make a decision with the "best available information." The best information that you've provided is that you were "laid off," and is qualifying so you don't need to say another word. If you get denied, you deal with it a hearing, that is recorded, that gives you protections as to the "rules of evidence," and you can then tell us what is going to be the evidence used at the hearing so we can tell you how to say things just right or say nothing at all.
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Old 08-17-2018, 11:43 AM
 
28 posts, read 66,649 times
Reputation: 13
Thank you, I will do that.

The security company that I work for is in contract with the resort and one of the managers there dislikes me because of the past issues (I had issues with one of the resort managers because I confronted her about vacation pay that she never acknowledged when I transitoned to the contract company) which I thought was already resolved because I was back to my old post. Then One morning after my night shift (on my day off) the security manager called to inform me that I could no longer work at the resort due to past issues which was very vauge and that he would find me another post.

so 2 weeks later I applied for UI because he never contacted me about a new post. i still have this whole conversation on my phone as text messages can I use that as evidence? Any advice would be appreciated thanks.
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