Thread regarding Occidental Petroleum Corp. layoffs

Claiming Partial Unemployment????

It's a shame to hear that Oxy employees and even some Oxy leadership are claiming partial unemployment. The Law clearly states that partial unemployment eligibility is only for those that have been forced to work less than their customary full-time hours. It does not state that a reduction in pay qualifies for benefits.

Fraud and abuse of unemployment compensation makes it even more difficult for those that have legitimate claims, those that lost their jobs, to get needed compensation.

LABOR CODE
CHAPTER 201. UNEMPLOYMENT COMPENSATION ACT–GENERAL PROVISIONS
SUBCHAPTER G. TOTAL AND PARTIAL UNEMPLOYMENT

Sec. 201.091. TOTAL AND PARTIAL UNEMPLOYMENT. (e) For purposes of this subtitle, an individual is not considered unemployed and is not eligible to receive benefits for any benefit period during which the individual works the individual's customary full-time hours, regardless of the amount of wages the individual earns during the benefit period.

by
| 3481 views | | 9 replies (last May 24, 2020) | Reply
Post ID: @OP+156Av2dw

9 replies (most recent on top)

Don't work at Oxy, but I can shed some light on this. My company (also O&G) cut everyone's salary, but also furloughed some employees 1-2 days per week. I personally know employees who have applied for unemployment based on reduced salary but still working 40 hours per week. They were approved; HOWEVER, their benefits are 0 dollars per week because they are making more than 125% of the unemployment benefit in regular salary from their company.

The furloughed employees were approved for unemployment and are receiving benefits based on the Texas "shared work" program where employees working LESS than 40 hours per week can have the reduction supplemented by unemployment benefits. It's a program your employer has to sign up for.

HERE'S THE RUB: you must be receiving at least $1 in unemployment from the state of Texas for the federal $600 to kick in!!! So the furloughed employees working only 32 hours per week are actually making MORE money* than the full-time employees, and doing less work!!! Isn't that some screwed up shyte! (*at least if you make 150k ish or less)

by
| | Reply
Post ID: @1fmo+156Av2dw

Let me be clear! I work for OXY and all the correspondence I received NEVER said we can get partial unemployment! So get your facts straight before disseminating false information. If employees received unemployment benefits and they are not eligible for it then they may have to pay it back at some point . This is a State of Texas issue NOT OXY management. I feel lucky/appreciative that I still have a job and income at 30% reduction in these trying times where millions of the population have nowhere to go. Resentment and complaining gets us nowhere, just and stay positive

by
| | Reply
Post ID: @1sye+156Av2dw

Wow. So everyone who got the 30% cut is potentially eligible for unemployment under the CARES act?

by
| | Reply
Post ID: @1hnt+156Av2dw

jtg+156Av2dw amazingly getting approved by TWC with 40 hours entered

by
| | Reply
Post ID: @1huc+156Av2dw

@Field Hand

I wish you were correct, but unfortunately you are not. The CARES Act has enhanced benefits for those that are determined to be unemployed or partially unemployed according to their State’s laws. It adds provisions for those that are self-employed and those that have no work history, but it does not change how the State determines unemployment or underemployment eligibility.

Yes, the TWC site does mention reduced wages, but that is directly related to reduced hours. The State law has not changed.

The TWC application for UC asks for your previous and reduced wage and it asks your hours of work in a work week. If you were guaranteed 40 and are currently working 40, your application would not be accepted.

Be careful that you’re not Just reading want you want to read or seeing what you want to see. The law is clear and the penalties for fraudulent claims can be devastating.

by
| | Reply
Post ID: @jtg+156Av2dw

ane+156Av2dw Agree 100% Oxy should be ashamed that these are the lengths they are putting their employees through to put food in their kids mouths. Oxygen can verify if you want to contact them for proof.

by
| | Reply
Post ID: @wkg+156Av2dw

I understand needing the money and all, and good for you if you can get it to help you out. The thing is Oxy should feel totally ashamed if they have their employees collecting partial unemployment while still drawing a reduced salary. They should find a way to pay the extra 30%. Maybe just layoff people and keep the ones you can afford to pay. I want to make sure this is not about employees needing the money, but about Oxy having no shame to have their employees collect their cut wages. If this is the case it tells you so much about Oxy, but I would still need to see it first hand to believe it.

by
| | Reply
Post ID: @ane+156Av2dw

OP you are incorrect, if you read from the TWC website it says lost hours and wages. Also during this time the CARES act allows employees that are still working to apply if their wages were reduced due to no fault of their own. You might be ok but alot of us our here in the field were working for less before all this occurred and with the 30% reduction living in the Permian Basin has become unreasonable without assistance.

by
| | Reply
Post ID: @gid+156Av2dw

If true that would be bad because TEC contacts employers to see if they want to contest a claim by an employee or employees. TEC does not grant eligibility until they know the employer will not contest the claim. People are denied all the time because an employer contest the claim because the employee was fired. From what I understand employer’s have to pay higher rates when employees claim unemployment. To approve TEC for an employee that had their salary reduced would not be right. Based on that the state would basically be supplementing Oxy’s payroll. I just don’t see that happening, but who knows.

by
| | Reply
Post ID: @wbp+156Av2dw

Post a reply

: