Unemployment Benefits ID Theft

Employers who receive a Notice of Application for Unemployment Benefits for an employee who is still working or for a person who never worked for them should respond to the notice immediately. Employers can respond by phone, Internet, fax or mail. Go to Responding to a Notice of Application for more information. 

While both the employer and the employee may report the ID theft, we prefer that the information comes directly from the person whose identity was stolen. Employers who have information that a claim was filed using an employee's ID should advise their employee to report the ID theft using TWC’s online portal. See Unemployment Benefits Identity Theft for more information.

Report ID Theft

The U.S. Department of Labor has issued an unemployment insurance phishing fraud alertPDF.  Be aware of unemployment benefit scams and fraudulent phone calls. Do not give your personally identifiable information like your date of birth or your Social Security number to anyone you are not sure of.

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Job offer or return-to-work offer refused? Let us know.

To be eligible for unemployment benefits, claimants must be willing, able, and available for full-time work and they must apply for and accept suitable work. If you made a job offer to an applicant or gave your employees a chance to return to work but they refused, TWC needs to know. Please report these instances on our online Employer Work Refusal Documentation form. Although TWC will take appropriate action when you submit a report on individuals receiving unemployment benefits, not all submissions will prompt a return correspondence.

If the person did not appear for the interview or refused the job due to a reason not listed on the Documentation form, select Other from the Reason for Refusal drop-down menu, and give a short description in the Refusal Other Description field.

Employers who posted a job on WorkInTexas.com can follow these instructionsPDF to report why an applicant was not hired.

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Texas Conference for Employers

TWC’s Office of the Commissioner Representing Employers sponsors the Texas Conference for Employers, a series of employer seminars held each year throughout the state. Employers who attend the seminars learn about state and federal employment laws and the unemployment claim and appeal process. We assemble our best speakers to guide you through ongoing matters of concern to Texas employers and to answer any questions you have regarding your business.

We encourage every employer to attend at least one of these conferences every year, since the topics are updated whenever there are new laws, regulations or court cases. Each conference is geared toward small business owners, HR managers and assistants, payroll managers, and anyone responsible for the hiring and managing of employees.

Visit the Texas Conference for Employers page for more information and upcoming dates.

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Tax Department

Notification for non-Last Employing unit employers:

The Texas Workforce Commission anticipates beginning delivery of the form letter Notice of Chargeback Review (NOCR) for those affected non-Last Employing Units (non-LEU) in the middle of August.

This will allow affected non-LEU employers, who believed no response was required because of information from the Commission indicating no employer account would be charged due to COVID, an opportunity to respond to charges incurred from claims filed from March 2, 2020, through December 31, 2020.

The form must be completed (front and back), signed, and returned to TWC as soon as possible to allow adequate processing time of the requests and for consideration of any applicable rate relief prior to the 2023 annual tax rate calculations.

We strongly encourage employers to update designated address and account information prior to August 15th, 2022, to ensure that all documents are received at the correct address, and that both the authorized third-party agent (TPA) and the employer retain a copy for their records.

For any questions regarding how to respond to the form or the NOCR process please reach out to us at: UI.NOCR@twc.texas.gov

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Reimbursing Employer – CARES & ARP Acts and Billing Statements

CARES Act Information

Reimbursing employers received their eligible 50% CARES credit. The CARES Credit will offset eligible charges. 

Benefit Statements (form C-58R) were sent out to employers as follows: 

Reimbursing Employers Statements (C-58R) Dates

Report Quarter Quarter End Date Original Statement Mail Date CARES 50% Credit Statement Mail Date Remittance Due Date
1Q20 3/31/2020 4/15/2020 11/30/2020 01/02/2023
2Q20 6/30/2020 7/15/2020 11/30/2020 01/02/2023
3Q20 9/30/2020 N/A 10/30/2020 01/02/2023
4Q20 12/31/2020 N/A 2/8/2021 01/02/2023

Final 2020 Reimbursing Employers Statements (C-58R) Dates

Report Quarter Quarter End Date CARES 50% Credit Statement Mail Date Reissued CARES 50% Credit Statement Mail Date Remittance Due Date
4Q20 12/31/2020 2/8/2021 4/5/2021 01/02/2023*

*  Reissued 4Q20 statement mailed 04/05/2021 will reflect all 2020 chargeback updates. Only employers with adjustments to eligible charges will receive these statements. If the adjustments have caused a debt on your accounts, the due date for that amount will be extended to 01/02/2023.

ARP Act Information

Reimbursing employers receive their eligible 50% and 75% ARPA credit. The ARPA Credit will offset eligible charges. 

Benefit Statements (form C-58R) reflecting the eligible ARPA are scheduled to begin going out on 04/15/2021 beginning with the 1Q21 sent out to employers as follows: 

Reimbursing Employers ARPA Statements (C-58R) Dates

Report Quarter Quarter End Date C-58R Statement Mailed Date Remittance Due Date
1Q21 3/31/2021 4/15/2021* 01/02/2023
2Q21 6/30/2021 8/30/2021* 01/02/2023
3Q21 9/30/2021 12/10/2021 01/02/2023
4Q21 12/31/2021 3/3/2022 01/02/2023

*  The 1Q21 quarter will be receiving a 50% credit for eligible charges. Statements for 2Q21 will reflect a 75% credit for eligible charges.

Report Quarter Quarter End Date C-58R Statement Mailed Date Remittance Due Date
1Q22 3/31/2022 04/26/2022 01/02/2023
2Q22 06/30/2022 07/18/2022 01/02/2023
3Q22 09/30/2022 N/A* 01/02/2023

* To be mailed no later than 10/31/2022

How To Read My C-58R Reimbursable Unemployment Benefits Statement

In addition to the instructions shown on the reverse side of the statement, we have provided additional information below that may be helpful in your review.

DEBITS FOR THE QUARTER ENDED 

This is the aggregate sum of the debits in the Benefits Paid column and reflect the employer liability for Claimant charges.

FED CARES ACT PMT/50% APPLICABLE AMT

The amount on this line is the applicable 50% Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act calculation. Fifty percent credit on applicable claimant charges are provided in quarters 1-20 through 1-21. Quarter 2-21 may also have CARES Act calculations depending on the benefit ending week of the 2-21 payment made to the claimant.

Q: Why does this line have a debit balance when it normally reflects a credit?

A: CARES credit is provided based on applicable charges. When charges are reversed due to ID theft determinations or Appeal outcomes the previously issued CARES credit provided must be recouped as it is no longer valid. This in effect will reduce the current quarter CARES credit calculation or provide a debit balance CARES credit as it is recouped.

FED ARPA ACT PMT/75% APPLICABLE AMT

The amount on this line is the applicable 75% Federal American Rescue Plan Act (ARPA) credit calculation. Seventy-five percent credit on applicable claimant charges are provided in the 2-21 quarter. As noted above, these credits may be recouped in future quarters as charges are reversed.

(The Federal Government initiated legislation to assist reimbursing employers by providing credits against benefit charges due to the Pandemic.)

CREDIT ADJUSTMENTS/RECOVERIES

This is the aggregate sum of the benefit credits created through charge reversals due to ID Theft determinations, Appeal outcomes or claimant repayments of benefit overpayments.    

AMOUNT DUE OR CREDIT FOR X-XX QUARTER

This amount reflects the aggregate balance as follows: 

Debits for the Quarter +/- CARES and/or ARPA credit – Credit Adjustments/Recoveries = Amount due for the quarter

LESS: PRIOR DEBIT OR CREDIT

This amount is any prior balance or credit on the account from previous quarters.

TOTAL AMOUNT DUE OR OVERPAYMENT

This is the sum of the amount due for the quarter +/- any previous balance or credit.

In response to your specific question, please see the following Questions and Answer sections:

Issue: I have won an appeal decision: 

Chargebacks are updated quarterly.

Reversals will usually display on the following statement received as a negative figure and will be used to offset any new charge. 

Appeal decision reversals will normally result in a reduction of the CARES credit equal to 50%. 

Issue: I received Default Notices saying that I must pay before the due date on the statements or the TWC communications.

Response: Please ignore any Default Notices received prior to 03/01/2021.

Issue: I filed an appeal and won, but I am still seeing the charges on my statement? 

Response: Chargeback information is updated quarterly for your account. You should see the removal (negative amount) on the next benefits statement that you receive. Note: if you win an appeal and the charge is removed, your CARES and ARP Act credits awarded for those charges will also be removed. 

Issue: Why does my CARES and ARP Act credits not equal 50 or 75 percent of charges?

Response: The CARES and ARP Act credit is awarded for all eligible charges. Not all charges are eligible for the CARES credit. 

Issue: I am unable to reconcile my account with the information provided on the C-58R statements. How do I rectify my account?

Response: The information on the statements will reflect the correct charges, adjustments, and CARES and ARP Act payments amount for each quarter. However, you may need to review each statement, your Unemployment Tax Services (UTS) online portal, and your statement of employer account, form C-69. TWC will be able to assist with the amount due or potential credit owed back to you, and you may contact us using one of the links below. 

Please choose the best applicable contact but know that your questions will be forwarded to the appropriate department for response.

Chargeback Questions

Fraud Issues

Appeals

CARES Credit Refund

Remittance Extension

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Responding to Chargebacks Through TWC’s Employer Benefits Services Portal

The Texas Workforce Commission (TWC) encourages employers to respond to the Notice of Potential Chargeback through the Other Services feature on the Employer Benefits Services (EBS) portal. Responding to a Notice of Maximum Potential Chargeback through the EBS portal allows employers to view, respond to, and submit the notices electronically.

This online feature provides 24/7 access to the online Other Services site, security, immediate updates and changes, and checks and balances – validation so errors are caught and corrected immediately.

To protest a Chargeback, an employer must do so within 30 calendar days of the date the notice was mailed. If the employer does not respond to the Notice of Maximum Potential Chargeback, they will be charged. 

Note: Filing timely is critical to avoid charges and utilizing the EBS portal can prevent mail delays.

Responding to the Notice of Potential Chargeback protects the employer’s tax rate and ensures that benefits are properly paid to claimants. By responding timely, employers ensure the right to appeal a Chargeback.

To respond a Notice of Maximum potential Chargeback electronically:

You can also respond to a chargeback notice by completing the back of the form and faxing or mailing it to TWC. The back of the notice allows you to provide the reason the claimant is no longer working for you.

Fax: 512-305-9687

Mail:
Texas Workforce Commission
Chargeback Determination Unit
P.O. Box 149137
Austin, TX  78714-9137

For more information, see: 

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Appeals Notice

Texas Workforce Commission (TWC) Appeals hearings are proceeding as scheduled. If you have a hearing scheduled, please participate according to the directions on the Notice of Hearing. If you have any questions or concerns about participating in the hearing related to COVID-19, please contact your hearing officer directly using the contact information on your Notice of Hearing.

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Precautions for Employers

The CDC recommends that all employers consider how best to decrease the spread of acute respiratory illness and lower the impact of COVID-19 in their workplace in the event that the illness spreads. All employers should be ready to implement strategies to protect their workforce from COVID-19 while ensuring continuity of operations. The CDC has prepared a list of recommended strategies to help employers contain the spread of the illness within their workplace:

  • Actively encourage sick employees to stay home
  • Separate sick employees in the workplace and send them home
  • Emphasize staying home when sick, respiratory etiquette and hand hygiene by all employees by posting informational posters and setting up multiple hand hygiene stations
  • Perform routine environmental cleaning and provide disposable wipes for employees to use
  • Get the latest information regarding travel safety
  • Communicate your attendance expectations to your employees

The CDC also recommends that employers create a flexible plan to manage sick leave policy and attendance issues, and to implement working remotely and avoiding holding meetings in close quarters. For more information, see: https://www.cdc.gov/niosh/emres/2019_ncov_default.html.

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Mass Claims and Shared Work Programs

Facing Layoffs? Check out TWC’s Mass Claims Program

If you have to close your business either temporarily or permanently and need to lay off employees, you may be able to submit a mass claim for unemployment benefits on their behalf. The Mass Claims program streamlines the unemployment benefit claims process for employers faced with either temporary or permanent layoffs. Employers can submit basic worker information on behalf of their employees to initiate claims for unemployment benefits before the layoff date or up to seven days after the layoff. You can submit a mass claim request on Employer Benefits Services (EBS) 24 hours a day, seven days a week.

To submit your Mass Claim, log on to EBS and select Mass Claims Request. Note: We have waived the requirement that you must submit your Mass Claims Request at least five days prior to the planned layoff.

If you encounter any problems and are unable to submit your request using your EBS portal, please email us at ui.massclaims@twc.texas.gov with a description of your problem. Our Mass Claims department will contact you to determine what action is needed.

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Need to Reduce Employee Hours? Check out TWC’s Shared Work Program

If your business has slowed down due to the pandemic and you need to reduce employee working hours, you may be able to avoid laying off employees by submitting a shared work plan. The Shared Work program provides Texas employers with an alternative to layoffs. TWC developed this voluntary program to help Texas employers and employees withstand a slowdown in business.

Shared Work allows employers to:

  • Supplement their employees’ wages lost because of reduced work hours with partial unemployment benefits.
  • Reduce normal weekly work hours for employees in an affected unit by at least 10 percent but not more than 40 percent; the reduction must affect at least 10 percent of the employees in that unit.

Notification for Employers

Shared Work unemployment benefits are payable to employees who qualify for and participate in an approved Shared Work Plan. Workers may choose not to participate. Employees who qualify will receive both wages and Shared Work unemployment benefits.

In order for a salaried exempt employee to participate in Shared Work, their hours worked and salary must be reduced based on Fair Labor Standards Act (FLSA) guidelines. If you have questions on FLSA guidelines, please contact the U.S. Department of Labor, Wage and Hour Division.

Claimants who do not have enough wages in their base period to qualify for regular unemployment insurance (UI) are not eligible for the Shared Work program. If such a claimant was included on a Shared Work application, they will be removed from the employer’s Shared Work plan.

Claimants who do not qualify for the Shared Work program or regular UI may be eligible for Pandemic Unemployment Assistance (PUA). PUA is a program authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that provides unemployment benefits to individuals who do not qualify for or have exhausted their regular UI benefits. These claimants must file an individual regular UI claim (outside of the Shared Work program) and TWC will determine PUA eligibility. While receiving PUA, these claimants must request payment every two weeks and report their work and earnings. TWC will deduct any earnings from their weekly PUA benefit amount.

To apply for benefits online, see Unemployment Benefits Services: https://twc.texas.gov/jobseekers/unemployment-benefits-services

For more information, see TWC’s Shared Work webpage.

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Return-to-Work Information

Electronically submit return-to-work information to the Texas Workforce Commission (TWC).

Submit your return-to-work information by logging on to our Employer Benefits Services (EBS) portal. The Return to Work online program allows you to easily report a return-to-work date for employees before or after the layoff. You can submit return-to-work information either by:

  • Entering individual employee Social Security numbers (SSNs)
  • Uploading a list of employee SSNs
  • Submitting a return-to-work date statewide for a large group of employees located throughout the state with an unemployment benefits claim.

There is no limit on the number of employees that you can submit. TWC will exempt employees from work searches when they have a return-to-work date within 12 weeks of their layoff date and confirmed by the employer. Submitting a return-to-work date increases your chances of retaining your employees and ensures that TWC will stop paying them unemployment benefits after they return to work.

Note: If the return-to-work date exceeds 12 weeks from the date of layoff, the work search exemption requires the approval of our Executive Director. To request a work search exemption for a return-to-work date exceeding 12 weeks, please submit your request through our secure, online portal, UI Submission Upload-Employers Only. You can also fax or mail the information to: 

  • Fax: 512-463-2754
  • Mail:
    Texas Workforce Commission
    P.O. Box 149137
    Austin, TX  78714-9137
    Attn: Work Search Exemptions

The request should include your company name, TWC account number, number of employees laid off, date of layoff, and the return-to-work date. If the exemption is approved, the employer must provide employee names and SSNs.

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