Upset about Texas Workforce Commission Tribunal Decision... (Fort Worth, Howe: apartment, lawyer)

[Eric_P160]

I just received the decision in the mail that my appeal was not accepted. Boy am I upset! Without blabing away let me tell you what happened and I am open to any help if there is any to overturn their decision.

I use to work as a landman for Land Ventures LLC in Fort Worth. I was laid off along with many others on Jan. 18, 2009. I immediately filed for unemployment but didnt think I would get benefits being a 1099 employee. However, if I didnt try I wouldnt ever get them.

I continued to file my claim until I received notification if it would be paid or not. On March 4th 2009 a letter was sent to me saying the employer name did not come up on their list, so my claim was rejected. Well, as I was thinking, I thought because of their name wasnt on the list then being a 1099 employee I couldnt get benefits. Ahh... this gets weird now...

I moved from my old apartment to a new apartment in June 2010. I found work a month later. In February of this year I received my W-2, 1099 info in the mail. To my amazement, I see where I was paid $1200 from unemployment. I found my old chase card I had when I filed unemployment a while back and sure enough there was $1200 on the card.

I called Texas Workforce Commission to find out what happened. They told me that I was paid, because they found the correct "LEGAL NAME" of my last employer. Apparently it wasnt Land Ventures LLC, but something else. I asked if I could back file my payment request and they said I could because they sent out a letter on June 6th 2009 saying an error was made. The problem is I moved to another apartment and never received this letter or I would have continued to file through July 2009.

They denied my payment request and I had to appeal. Well, the hearing officer was a complete Bi*$H. She told me that when I originally got the first letter that said it denied my claim, that I had 14 days to appeal it. Well, I didnt appeal it because I thought they denied my claim because my former employer didnt pay unemployment taxes. Im new to Texas and every employer is required by state law. (I know this after the fact).

After I told her my story she kept turning it on me saying I had to appeal it and if I turned over to the back page it said to continue to file if its denied anyway. COME ON MORONS! Why appeal when you know your not going to win?

After doing some research I found that the name of my previous employer was correct when I originally submitted it and they corrected the error and paid me for it, but said I couldnt back file because I didnt appeal. What kind of state do we live in that lets this happen to people who need it the most?

Is there anyone that can possibly help me? I dont have the money to hire a lawyer, but the State of Texas pulled a fast one on me and the deserve to pay up for their mistake!

[lifertexan]

Here's what I know as an employer.In Texas you are supposed to pay unemployment tax on everyone who doesn't have a DBA status,whether they are W2 or 1099.That doesn't mean everyone does,but you can't get caught on 1099's unless one of them files for unemployment and then they aren't on your quarterly reports.Then the employer has to pay the tax on their unreported wages plus penalty and interest.

However in your case 2 mistakes seem to have been made.One,you didn't read all the paperwork and follow the process.While it may seem moronic,it still is your place to read all the info they give you about the process.I think TX purposefully makes it hard for people to file.I don't know if it is still done this way,but years ago we worked for the unemployment agency doing remodels around TX at the time when they were changing the method of filing for unemployment to an automated over the phone system.More than one of them told me it would have the effect of cutting down on claims from people not savvy enough to understand how to use the system.I don't know if this is still in effect,but they did seem intent on making it more difficult.The other problem it seems you made is not filing the forms to have mail forwarded.The PO will forward all mail for one year from your move,IF you file the change of address forms with them.After that they figure you've had time to alert everyone of importance.If you didn't receive follow up letters then it was either because you didn't file the address change or you didn't alert the TWC.The lesson is that no government agency will bend over backwards to help you.You must take care of all the proper filings and followups yourself or they will let you slide through the cracks.If their reason for denying further appeals is because you didn't receive the letters and follow up in a timely manner then I'm not sure there is anything you can do.I seriously doubt the money you would get would be worth hiring a lawyer over.

You might try contacting the federal unemployment office and get an independent opinion about the decision.Employers pay into a federal fund as well,so maybe you can get some advice there.

[WillysB]

The lesson is that no government agency will bend over backwards to help you.You must take care of all the proper filings and followups yourself or they will let you slide through the cracks.

The above is quoted from the lifertexan reply to the OP. Probly the truest words regarding trying to get anything done in Texas. I would add especially Texas Workforce.

I could give them a break and point out all the people flowing thru their process from one day to the next, day after day. It would apply probly to any state agency.

But then, in reality they're just government workers. They have methods and procedures to work by and a tax payers cause doesn't change those M&P's. For them, it really is just a job. Sad as that is. You can get better customer service at a sleazy bar. No goober election is going to change that.

Two things, one or both...

Write a concise detailed letter, no yammering on just state your case. Make two dozen copies and send to every political representative you have. Mail to the Attorney General and Secretary of State. Mail to your Senators and Rick Perry. It's going to take some research and effort. Just do it.

And search for an attorney. A low cost attorney or a freebie. What ever works best for you. You may not need, want or hire one but they'll listen to what you have to say.

You're on the short end of the stick so you have to figure out for yourself how to turn it into a club.

Good luck

[Tobias353]

I been fighting my employer since Aug 05,2018. But they denied my unemployment saying I was fired for theft on October 05. I appealed and they didn't show on October 5 also. They didn't show up for hearing on Nov
1, 2018.I just had a ruling today saying they reversed the desicion. Meaning I get my benefits? I haven't received my letter yet I saw it on appeal desicion.

[ChristieP]

Originally Posted by Tobias353

I been fighting my employer since Aug 05,2018. But they denied my unemployment saying I was fired for theft on October 05. I appealed and they didn't show on October 5 also. They didn't show up for hearing on Nov
1, 2018.I just had a ruling today saying they reversed the desicion. Meaning I get my benefits? I haven't received my letter yet I saw it on appeal desicion.

Yes, that means you get benefits.

[TheMoreYouKnow]

Originally Posted by Tobias353

I been fighting my employer since Aug 05,2018. But they denied my unemployment saying I was fired for theft on October 05. I appealed and they didn't show on October 5 also. They didn't show up for hearing on Nov
1, 2018.I just had a ruling today saying they reversed the desicion. Meaning I get my benefits? I haven't received my letter yet I saw it on appeal desicion.

What did you steal?

[MarshaBrady1968]

You just cannot fight them. I am on record as owing something like $2500 still (out of a balance of $4000) to TWC, so I will not be eligible for unemployment until that balance is paid off. The balance should not exist in the first place. I actually had a hearing, and 4 employers were present. 2 of the amounts in dispute were proven with paperwork from the employer to be actually incorrect- I made them cc me on the email so I was certain that they did provide the paperwork that was promised in the hearing. One amount was actually correct and owed to to TWC, but for only like $100. One employer as well as the TWC rep concluded that I NEVER EVEN FILED FOR NOR RECEIVED ANY COMPENSATION, and yet there it was on the alleged statement that I owed them. After the hearing went so well, I fully expected to receive a notice of correction, but that did not happen. I received a notice for the very same balance owed before the hearing, very same 4 employers. I continued to file via the instructions on the form every single time I received a notice, and every time they denied it for the reason that I already had a hearing. This goes on and on, but suffice it to say that I have fought this for years at every level of Texas government and it is un-fightable. Texas protects businesses, not people. Go VOTE!!