I have been receiving unemployment benefits since Feb 2008, when I was terminated. I recently received notice of a decision made by the Texas Workforce Commision (TWC) regarding my availability for work. Apparently my work availabilty had been questioned, but the ensuing investigation determined that I am available to a Workforce Office, so my benefits will continue. I can't get through to the TWC to ask why this issue arose, but I suspect my former employer may be trying to get my benefits cut off. I was told by a former coworker that the manager said I was "taking advantage" of them by collecting unemployment for this amount of time. This employer has now asked me to commit to working for them at a reduced hourly rate, whenever they need me. I worked for them for a few days, and reported the income to TWC. (Incidentally the manager encouraged me NOT to report those earnings, which I found suspicious). But I will not commit to future assignments with my former employer, as the pay rate is less than I was making as a full-time employee; not acceptable (insulting) in my opinion. Also I am actively interviewing with other employers, and need to be free for those interviews. Any thoughts or advice?

I don't mean this to sound as harsh as it might, but at this point, you need to get over "insulting". I was on UI once in Texas and my recollection was that at a certain point in time (and I know it was shorter than 5 months), the minimum salary that was considered "acceptable" was at least 20% less than your rate at the time of termination. The job market is terrible out there; sorry to say it, but a lot of people are "lowering their standards" these days and, honestly I believe, rightfully so.

The employer cannot "stop" your benefits. They can, however, try to mitigate the chargeability of benefits to their experience rating by providing you with at least some work. And eventually the TWC is going to stop agreeing with you.

Thanks for your reply. I don't understand "the chargeability of benefits to their experience rating." How does the unemployment thing work for an employer?

Very simplistically, UI taxes paid by the employer are based on how much in benefits the state pays out to ex-employees of the company. The higher percentage of benefits paid to wages paid, the higher the employer's tax rate in the subsequent year.

I see. So, apparently my former employer has filed a protest on my claim, which COULD HAVE RESULTED IN MY DISQUALIFICATION for further benefits. Not only was I harrassed to the point of madness while I worked there full-time, but now they are harassing me post-employment. The only argument they have is my unwillingness to confirm future availability to work part-time, on an as-needed basis, at a reduced wage, with no benefits. Because of my ongoing work search, I can only let them know of my availability at the last minute. And because of their protest, I won't be a happy camper if I AM available to work for them. Grrrrr.

If they are offering work and you turn it down or fail to make yourself available or whatever it is you are doing, then it is very likely you will lose your entitlement to benefits. UI isn't intended to cover you until you find employment at the salary you would ideally like to make or with the company you would prefer to work for. Turning down work because you might be called for an interview when you have been out of work for 5 months isn't going to be considered good cause. If you do get called for an interview, ask for time off then or ask the interviewer to see if they might schedule you around your work. Interviewers are used to that.

Okay, thanks for the reality check. Hopefully a new job will come through soon.