Has anyone recently laid off in Texas talked to an attorney in regards to receiving unemployment and severance? I keep hearing mixed things and unsure. I was wondering before actually talking to an attorney.
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One benefit of unemployment is that every day is a vacation
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.
You can take severance and apply for unemployment if that’s what you’re asking. Chevrons been telling people that on those Q&A calls because lots of people ask about it. Just have to follow the process in the state you’re in.
@c8 because Cali is broke AF
It is set by the state. Or 2025 Texas is now 591.00 a week.
https://savingtoinvest.com/maximum-weekly-unemployment-benefits-by-state/
Why would you need an attorney to file unemployment?
California’s max is only $450 a week. I wonder why Texas is higher.
By the way the maximum weekly benefit is 563.00 for a total of 26 weeks and a total of 14,638.00. Plus, it is taxable income and you will get a tax statement at the end of the year for that tax year's tax bill. Depending on your tax bracket it can push you up into another bracket, so take out 22% to be safe. Last time I took unemployment I think they only offered to take a 10% for the govt.
Just file your unemployment and let it run the course. A while back my vacation pay was considered weekly income by the TEC, but the severance was not and I collected as soon as the vacation pay ran out. If you have been laid off just file now and get into the system. They will have you answer questions and just be honest. The claim will stay open for a year and by then your unemployment should have kicked in, but file.
What's your goal with this? To understand the process, or to sue? If you just want to understand the process, there's a ton of info. right here online to help you through it. Just make sure you use "official" sources/sites to get what's legally correct. Don't waste time or money on an attorney, if you can find it online for free:
https://www.twc.texas.gov/programs/unemployment-benefits/how-money-other-sources-can-affect-your-benefits
https://legalclarity.org/can-you-get-severance-and-unemployment-in-texas/
https://kielichlawfirm.com/severance-texas-unemployment-benefits-employment-lawyer/
https://www.mylawteam.com/articles/employment/severance-agreement-texas-law/
https://claimyr.com/government-services/texas-twc-unemployment/Can-I-get-TWC-benefits-after-termination-with-severance-pay-When-to-file/2025-03-31
https://www.twc.texas.gov/services/apply-benefits