My question involves unemployment benefits for the state of: TEXAS
OK LETS SEE IF I CAN MAKE THIS SIMPLE
I worked for a company for over 3 years (2008-2011)
... Company was illegaly taking a portion of my tips and giving it to management
after quitting due to shorting weekly hours i filed for benefits and was awarded them.
... got regular benefits then i moved on to Tier 2-3-4 etc..
about that same time i decided to talk to an Attorney that delt with illegal tip pools etc...
... but then i decided to first contact corporate to inform them of the forced tip out issue and see if i could settle it myself.
after many talks they did settle with me ... the settlement was partial on W2 and the rest on 1099
... the W2 was listed as back wages etc ...
but IN REALITY it was NOT wages paid by the company but hard earned TIPS that i had to kick back.
... either way it was listed as back wages on settlement ... Now remember this whole time im still collecting benefits
** FAST FORWARD TO NOW
I was employed for just over a year Sept 2012 to Oct 2013 and was "let go" with no reason other than:
WE ARE GOING IN A DIFFERENT DIRECTION
so I decided to file for benefits even though my pay was not much and i knew the past QUARTERS would not show much income,
but when i got my papers from the Workforce Commission, guess what showed up in the last quarter box?
... it was THE PREVIOUS EMPLOYER, the one that i settled with on Feb 2012
Apparenty since that W2 part of the settlement was considered back wages (EVEN THOUGH THEY ARE REALLY NOT)
and all taxes were taken out including payroll, i guess it showed up somehow as a previous employer when i recently filed for benefits.
But im confused because in reality it was a settlement no "wages earned" per se
Ok so I just got a call today from the Texas Workforce Commission as they have questions about my benefit claim
and my mind been racing thinking about all this and if im gonna have to pay back money or if ill get denied or in trouble etc...
so i been researching the hell out of this and need to know some answers.
Like:
since settlement was paid in lump sum will that affect me having to pay back previous benefits
since i was getting benefits at same time as settlement how could that affect me.
NOW here is what i cant find the answer to,
... Since that W2 settlement with all proper taxes taken out showed up in last quarter box when i file for benefits last month NOV.
will that STILL COUNT towards my benefit amount? I mean it showed up for a reason?
I see this as a possible positive since that settlement amount shot up my weekly benefit amount, but i also see some downside?
any answers and thoughts much appreciated, thanks
Dan

