"Texas law prohibits individuals from qualifying for unemployment benefits while receiving certain types of severance pay. We make a decision on whether the severance pay affects the claimant’s benefits."
https://www.twc.texas.gov/employer-resources/unemployment-benefits-basics
This was the last time EOI and 2 week/year severance
Texas Payday Rules
Rule 821.25(b):
"For purposes of §61.001(7)(B) of the Act, severance pay is payment by an employer to an employee beyond the employee's wages on termination of employment, based on the employee's prior service. Severance pay does not include payments for liquidated damages, payments in exchange for a release of claims, or payments made because of a lack of notice of separation."
"Severance pay does not include payments for...in exchange for a release of claims"
Chevron requires that a Settlement Agreement and General Release be signed to receive the lump sum. This is a release of claims to sue Chevron. Based on the Texas Payday Rule 821.25(b) stated above, the lump sum received from Chevron is not severance and should not disqualify or make anyone ineligible to receive Unemployment Benefits.
The company will not dispute unemployment claims due to layoffs. Lots of people who get severance (at chevron and other companies in Texas) also get unemployment benefits. You have to be honest about your severance package or they may say you falsified your claim by trying to hide earnings. And you can be denied if you apply before your termination date (because technically you aren’t unemployed yet). When you apply, they might delay your unemployment benefit start date due to a severance payment, but not deny it.
@ak In LA they get about half as much as TX. Get over it. It's money that most workers don't ever even see because they actually work, get another job quickly and don't sit on their A$$es whining all day.
@ak+1 preach brother preach
Is UI different in California or Louisiana ?
To OP and others: I looked into this. You have to report severance when filing for unemployment. TX is vague about the details required. If you get less than 6 months severance, then you will at least be able to claim for the weeks you did not get severance up to 6 months. It may be possible that the severance could be claimed as a lump sum 1 time payment, and you would not get severance for that week, but claim after. The reporting details are unclear, just that you have to report getting severance.
TX is a sh---y heartless state for unemployment!! Greedy ba----ds! Let's not help people that really need it, but have them pay extortionate property taxes and insurance while they're down. Let's also make them pay higher property taxes to help subsidize the wealthy send their children to private schools. TX su-ks!!
This has already been discussed and answered. You are not technically eligible for unemployment benefits because you are receiving severance pay, but some have managed to get it by lying on the form, a federal crime.
How do you claim in TX to not have the severance impact ability to claim?
When do you file? I think in TX you have to be looking for work to claim unemployment.
If I get left standing, I'll have burnout/PTSD from the hunger games that I'll need 2 months to recover to be interview ready.
This topic came up in 2020. You are 100% eligible for unemployment in Texas despite the severance. Nobody who claimed had a problem either, yours truly included. The only time there would be an issue would be if Chevron disputed your status to the unemployment authorities, which they agree in writing not to do as part of your termination papers.
An EOI still means you have been laid off. You are still eligible for unemployment.