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  1. #1
    Join Date
    Apr 2012
    Posts
    8

    Default Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relocate

    My question involves unemployment benefits for the state of: Texas
    While I was living in TX I had two jobs. My main source of income job fired me but I kept working at my supplemental job for about one week before I decided to move back with relatives because I could not pay my bills. I applied for unemployment and it was granted. Recently I got cut off in an audit, as it turns out the benefits were been paid by the employer that I had quit working for. The whole time I thought that I had applied for benefits from the employer that had fired me. My questions are:
    1) Is it only, and always, the very last employer the one who pays your benefits?
    2) Can I appeal and request that the employer that fired me pays my benefits?
    3) Is my reason for quiting (having to relocate due to my loss of wages from my primary job) reasonable to qualify for unemployment?

    Any loop holes that I am not aware of?
    Please help!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,820

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    Technically, no employer pays your benefits. The state does, using money that was paid on your behalf by all the employers you had in the look back period. Generally, it is the reason that you left your last job that determines your eligibilty. As for whether your reason for quitting qualifies as a reason to quit and still qualify, this is what the TWC has to say:

    http://www.twc.state.tx.us/ui/bnfts/claimant1.html

  3. #3
    Join Date
    Mar 2012
    Posts
    597

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    Texas has lousy resources to research this question. However, it's not impossible to get your benefits restored, but you must file an appeal because of this determination from your part-time job separation disqualifies you. The appeal is your only remedy so don't let too much time pass, or you'll be prevented from taking action not because you had a good reason, but because you waited too long.

    The theory and fact partern in a recent AZ court of appeals decision looks like this: http://azcourts.gov/Portals/89/memod/UB/UB100261.pdf

    Guy had a fulltime job. Lost it. Had concurrent part-time employment for 9 hours per week. Couldn't afford to live on that and moved to live with his sister for free in another state.

    So what you need to show is that the pay from your part time job was so low after losing your full time job, and that where you moved to was far enough away that commuting was impractical, and cheaper to live. Another theory to present if you were working for like a few hours and you were spending nearly as much on commuting expenses as for gross pay. You'll want map quest print outs, pay stubs from the part time job, rent and utility receipts. Everything to show that it just was not economically viable to keep that job.

    However, it's TX, and the resouces to see if TX allows this by law, regulation, or case law makes it impossible to give you an answer to tell you exactly how to present things. If you do end up in an appeal, it would help you to print out the AZ case above and the cited cases used in cutting that claimant some slack from CA and PA. They can go a long way towards persuading a hearing officer or ALJ to realize your argument is coming from a position of authority.

  4. #4
    Join Date
    Mar 2012
    Posts
    597

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    http://www.twc.state.tx.us/ui/appl/vl.pdf

    I found a precedent manual for TX online. I read the stuff on Distance, Part-time, and low wages.

    Nothing comes close to the fact patern you discribe. You are in uncharted territory, and you're going to need the case law from the other states to try to persuade them to side with you.

  5. #5
    Join Date
    Apr 2012
    Posts
    8

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    THANK YOU, ALL OF YOU! your information was really helpful. I even felt I was being delusional for thinking that I had an honest situation to contend. I appreciate it and I'll come back to this threat to let all of you know what the outcome was. Again, thank you.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,820

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    I always tell people, it never hurts to apply. The worst that can happen is that the UI office says no, and if that happens, you're no worse off than if you didn't apply in the first place. There is no penalty for being wrong, and it costs nothing but a little time to apply.

  7. #7
    Join Date
    Apr 2012
    Posts
    8

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    My situation just got worse. Now I've received a letter telling me I have to pay back all of my unemployment benefits ($5,952.00!) I can not possibly pay this back!! I am still unemployed and even if I was that amount is completely out of my ability to pay. They sent me another letter telling me that I could make payments of $200.00 wich I still cannot pay!!! what can I do! is bankruptcy an option, will I be cited to court HELP HELP HELP!!

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,820

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    Calm down.

    They're more interested in recouping the overpayment than they are in prosecuting you.

    First, look at the letter. Does it give you information about appealing the decision? Take a look at it, come back and tell us that much, and we'll go on to the next step.

  9. #9
    Join Date
    Mar 2012
    Posts
    597

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    Have you appealled the part-time job separation yet? If not, the overpayment is not final nor payable at this time. If you get a favorable determination at any point in your part-time job separation issue, the overpayment will go away.

    Also, it wouldn't hurt you to appeal the overpayment anyways. All states allow the waiver of overpayments when it goes against "equity and good conscience." Your situation is special enough that you may make headway. The worse you should have been subjected to is the offset of your unemployment benefits vs the part-time earnings you gave up because you had to move. You shouldn't have had to lose it all because of the situation you were in.

  10. #10
    Join Date
    Apr 2012
    Posts
    8

    Default Re: Fired from My Main Source of Income Job, Had to Quit My Supplementary Job to Relo

    Thank you for the prompt response! well to make matters more complicated my appeal deadline was April 1st but I am still submiting the request because I read in the back of the letter that I still could ask for an appeal with an explanation of why it was late and if they denied it I still could appeal that decision. In the letter they sent me the reason they tell me I am ineligeble was because I "quit-to move" and my reason was not good cause connected with the work. I thought that sending one appeal letter would cover both, the part-time job separation and the overpayment issue. Am I wrong, how do I go about doing that and do I use specifics like that case in Arizona on my appeal letter? Also could you explain to me what "equity and good conscience" mean and do I include that on the letter as well?
    Thank you again!!

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