A young lady I know is collecting unemployment.
She recently was offered a job, worked it for 4 days and then decided she didn't like it and quit. basically because it was too physically demanding for her.
When it came time, she did not report it and claimed the next 2 weeks as if she never had the job.
She received a letter yesterday that stated the job came up in a Random unemployment Screening and had to call in to be interviewed today by the TWC.
Any ideas on what will happen? The pay she received for the 4 days was just over $200 and she claimed and received the full weeks unemployment benefits.
Will I need to get her a lawyer?
- Whispers
- 06-15-2011, 06:06 PM
- S O B
- 06-16-2011, 12:15 PM
Had she reported the income there would be no problem. Too physically demanding? As opposed to laying on her back?
- ShysterJon
- 06-16-2011, 01:15 PM
I think the question asks us to speculate. The girl should go to the interview and find out what TWC wants to talk about, then take it from there.
- Karl Hungus
- 06-17-2011, 08:39 PM
Could be trouble if TWC thinks anything fraudulent occurred. This first call is going to be with an investigator. There will probably be a number of hearings before too much of anything happens because TWC is real bureaucratic, but if things really go badly, there can be consequences. Here is a link to the statutes: http://www.statutes.legis.state.tx.u...htm/LA.214.htm
She also needs to think through the "too physically demanding" thing. TWC may think her voluntary resignation is a disqualifying event and terminate benefits as a voluntary resignation. I don't know your facts, but this case from the TWC precedent manual makes it look like a pretty tough case to prove.
Appeal No. 3210-CA-75. The claimant left her job because the work was too hard and because, in her opinion, the standing required by the work was causing her feet and legs to swell, thereby adversely affecting her health. She had not consulted a physician and thus had not been advised by a doctor to leave the job due to health reasons. She never made her complaints known to the plant foreman nor did she seek a transfer to other work. HELD: Since the claimant never advised the plant foreman of her health problem and never consulted a physician regarding it (and, thus, was never advised by a physician to quit work because of her health problem), the claimant's separation was voluntary and with-out good cause connected with the work.
She also needs to think through the "too physically demanding" thing. TWC may think her voluntary resignation is a disqualifying event and terminate benefits as a voluntary resignation. I don't know your facts, but this case from the TWC precedent manual makes it look like a pretty tough case to prove.
Appeal No. 3210-CA-75. The claimant left her job because the work was too hard and because, in her opinion, the standing required by the work was causing her feet and legs to swell, thereby adversely affecting her health. She had not consulted a physician and thus had not been advised by a doctor to leave the job due to health reasons. She never made her complaints known to the plant foreman nor did she seek a transfer to other work. HELD: Since the claimant never advised the plant foreman of her health problem and never consulted a physician regarding it (and, thus, was never advised by a physician to quit work because of her health problem), the claimant's separation was voluntary and with-out good cause connected with the work.
- TexanAtPlay
- 06-17-2011, 10:51 PM
She probably needs to fess up and amend her record before too much time passes.
http://www.twc.state.tx.us/news/efte...reduction.html
TWC could very well rule the voluntary leave changed the situation.
http://www.twc.state.tx.us/news/efte...ues.html#dq-sw
She's going to have to convince a hearing officer that the job was NOT suitable and explain how it was too physically demanding. The "I didn't like it" part won't help her at all. If she used that with that 4-day employer when she quit -- game probably over. They WILL bring it into any hearing, and if not them, the FIRST employer under whose claim she's receiving UI might just have that information. It's permissible for former employers to keep tabs on the job hunting activities of their UI receiving former employees.
http://www.twc.state.tx.us/news/efte...reduction.html
TWC could very well rule the voluntary leave changed the situation.
http://www.twc.state.tx.us/news/efte...ues.html#dq-sw
She's going to have to convince a hearing officer that the job was NOT suitable and explain how it was too physically demanding. The "I didn't like it" part won't help her at all. If she used that with that 4-day employer when she quit -- game probably over. They WILL bring it into any hearing, and if not them, the FIRST employer under whose claim she's receiving UI might just have that information. It's permissible for former employers to keep tabs on the job hunting activities of their UI receiving former employees.
- Capt. Lincoln F. Stern
- 06-18-2011, 08:07 AM
A young lady I know is collecting unemployment.I had this happen to me.. she will need to pay back the overpayment.
She recently was offered a job, worked it for 4 days and then decided she didn't like it and quit. basically because it was too physically demanding for her.
When it came time, she did not report it and claimed the next 2 weeks as if she never had the job.
She received a letter yesterday that stated the job came up in a Random unemployment Screening and had to call in to be interviewed today by the TWC.
Any ideas on what will happen? The pay she received for the 4 days was just over $200 and she claimed and received the full weeks unemployment benefits.
Will I need to get her a lawyer? Originally Posted by Whispers
if she is still collection UE, then have her keep on filing, they will deduct the overpayment from her UE checks till they are paid off.
If she has provided before she might want to do a little while they get their money back..
let her also know that the state will get theirs
- lover_361
- 06-18-2011, 06:04 PM
dont mean to sound like a #$%#$%, but I hope that person gets what she deserves for lying and trying to cheat the system.
If they knowingly lied on the paperwork, I hope the State will file "tampering with a government record."
Too many people take advantage of being unemployed because they are too lazy to find a job and keep it. They would rather get free money when they are fully cabable of doing some good ol' fashioned work.
If someone is going to use a medical excuse, they should provide proof from a medical doctor that they can't do whatever type of job prior to filing for unemployment benefits.
Also there should be penalities or fines for failing to show for a job interview or intentionally failing an interview. Also, if someone manages to find a job, they need to be employed for at least 6 months with no problems.
If someone can't follow the rules, no money...period.
All the above is my personal opinion.
If they knowingly lied on the paperwork, I hope the State will file "tampering with a government record."
Too many people take advantage of being unemployed because they are too lazy to find a job and keep it. They would rather get free money when they are fully cabable of doing some good ol' fashioned work.
If someone is going to use a medical excuse, they should provide proof from a medical doctor that they can't do whatever type of job prior to filing for unemployment benefits.
Also there should be penalities or fines for failing to show for a job interview or intentionally failing an interview. Also, if someone manages to find a job, they need to be employed for at least 6 months with no problems.
If someone can't follow the rules, no money...period.
All the above is my personal opinion.
- AimeeAims
- 06-21-2011, 12:32 AM
She made $50 a day. A day??? God, what kind of job was that. And physically demanding for that 50 bucks?