Unemployment question

[gregt1310]

Not sure if this is the right forum for this, but here goes.

I got some unfortunate news last week. After 17 years with a major financial institution in numerous IT jobs, I was the result of a downsizing. After getting over the initial shock, I started thinking about what to do next. I do have 60 days to find something internally (or externally), but if I do not find anything internally, my employment will be terminated and my severance will kick in. (I get 43 weeks of severance). Hooray!

I thought I read about someone in a similiar situation and by having a part-time photography business, they were not eligible for unemployment benefits?

I searched the forums here and did not find anything, so maybe I read it elsewhere.

Anyone heard of anything like that?

Thanks,
Greg

[bondarnes]

Legally speaking, if you are working then you are NOT eligible for unemployment insurance payments that week. I read somewhere else that if you are paid in cash, it would be very hard to track, but I would never advize you to do that.

[gregt1310]

Originally Posted by bondarnes

Legally speaking, if you are working then you are NOT eligible for unemployment insurance payments that week.

Don, thanks for the info. This is what I am trying to figure out. Working, as in getting paid? So if I do not have a photography job that week, then I am not working??

Maybe I should reach out to the Texas Workforce Commission to clarify.

[DeLeon]

I would do some checking...it seems like even if you have a PT job, you are still owed the severance pay.

[JamesB]

Originally Posted by DeLeon

I would do some checking...it seems like even if you have a PT job, you are still owed the severance pay.

severance and un-employment are different.

severance pay is what the company gives you for your time there, not all companies do this and it can vary by percentage based on what position you held in the company.

un-employment is what the state gives you due to losing your job.

James

[DeLeon]

I see...i was confused (it happens more and more) =Þ

[Bruce M. Morris]

Greg, to get a straight answer about the unemployment payments, contact the Texas Workforce Commission and ask them. When I retired from the military, I was not eligible for unemployment because I was recovering from a minor surgery (long story) and was unable to SEEK work. Rather than trusting our incomplete knowledge, it would be faster and better to go straight to the horse's mouth.

[DEMDeepEllumMusic]

OK first will the severance pay be in a lump sum or paid out over the 43 weeks?
If lump sum you can then start filing for unemployment if you are actively seeking work that week. (This activity can be emails and resumes sent out-so you don't necessarily have to be AT HOME if you have internet and phone service to where ever you are).

If severance from your employer is being paid out over X number of weeks I do not think that you can file for unemployment until the last check is sent. (most employers pay severance in a lump sum).

So technically you can go out on a photo shoot, say to Utah/Wyoming/Montana for the spring and build up your portfolio and still meet the requirements that the state requires you to meet. *Heck 90% of employers who get resumes don't get back to the senders for several weeks because they have a time period open to recieve them but you may also have to turn around on your photo treck and head home at any time if an employer wants a face to face with you.

If you are camping and moving from site to site every few days you won't be locked into any major costs on the photo shoot other than gas to get back for the interview and then going back out for more shooting.

Since you are just building up your portfolio you won't have any income coming in at that time to worry about messing up with your benefits. Now I wouldn't go flying to Europe because of the cost of possibley having to fly back for an interview right away but in reguards to having a 3 day drive back from Wyoming but most employers seriously would give you that window in time to arrange the interview.

Sorry to hear about the job loss, but if you had ever thought of moving out of state you could see what the economy is really like elsewhere in the country and maybe hook up with some IT people elsewhere and do some face to face networking while also doing the photo thing. Never hurts to network and reach outside your local area at times.

[gregt1310]

Originally Posted by DEMDeepEllumMusic

OK first will the severance pay be in a lump sum or paid out over the 43 weeks?
If lump sum you can then start filing for unemployment if you are actively seeking work that week. (This activity can be emails and resumes sent out-so you don't necessarily have to be AT HOME if you have internet and phone service to where ever you are).

If severance from your employer is being paid out over X number of weeks I do not think that you can file for unemployment until the last check is sent. (most employers pay severance in a lump sum).

Severance will be paid out in twice-monthly installments over the 43 week period.

[DEMDeepEllumMusic]

GReg I would call the Texas Employment Commission and find out if you can file while severance is being paid, I am just not sure (In my cases it was paid in lump sum and I could file right away).

[CaptainTom]

Check with them , but as I recall , you must claim any income and it will usually cancel the unemployment benefits. Once your severence is over, you will be fully eligible.

[adirty1]

You can have a part time job and get unemployement it can only be X amount. when you file for unemployement they will tell you what you can earn and still recieve your check.

my brother went through this last year and work for a temp agency and still got his unemployement. I believe it's like 60 percent of what your getting from unemployement. again they will tell you when you sign up.

that is correct that you have to wait until your Severance runs out then you can collect unemployement. I went through this with the wife 3 years ago. luck for us her company paid it out in one lump sum so she could file right away.

[markperez]

I can't help with an answer but sorry you are getting let go. 17 years is a lot of time to spend with them and then have them say you are needed. I like how companies want you to be team player when it comes to working for them but they have no loyality to you.

[rkayw]

sounds like that company may have double screwed you. let you go and paying you severance for that long to possibly avoid an unemployment claim being filed by you? but not fully terminated you for 60 days. what do they expect you to you to do during that time frame before severance kicks in, starve? these large companies know all the legal loop holes regarding employment laws & benefits don't they.

[gregt1310]

Originally Posted by rkayw

sounds like that company may have double screwed you. let you go and paying you severance for that long to possibly avoid an unemployment claim being filed by you? but not fully terminated you for 60 days. what do they expect you to you to do during that time frame before severance kicks in, starve? these large companies know all the legal loop holes regarding employment laws & benefits don't they.

Actually, during the 60 days, I am treated like an active employee. I still get paid, and basically get paid for looking for a job. It isn't that bad....

I emailed the Texas Workforce Commission and this is what they had to say about my part-time venture:

Severance does not interfere with you getting unemployment benefits. While you are working part time you need to report these wages and you will get partial payment of unemployment benefits. When you do not have jobs, you will need to report that as a new job separation. There really is no way around it, if you request payment for unemployment anytime you are out of work it will create a job separation issue that will need to be addressed.

I'm still not sure about the last part around the job separation. I guess I need to go into an office and talk to someone in person.

Thanks to all for the responses and well wishes.