The State of Texas will often pay unemployment benefits without performing basic due diligence.
This is partly due to the volume and partly due to its outdated computer system and processes.
If you have ever worked with the Texas Workforce Commission or tried to contact them, you no doubt can relate to this. Getting someone with the TWC on the phone who can help is like winning the lottery. Even being able to reset your password and being able to log into the TWC system is a victory.
Steps for Individuals
If someone files for unemployment benefits in Texas under your name, there are a few things you can do to resolve the issue.
Here are the steps to take if you are an individual whose account was used by a third party for Texas unemployment benefits:
1. Report it to the Police
If someone filed an unemployment claim under your name, chances are good that they have also used your identity for other government benefits.
Thus, the first step is to call the police and make a report. The police department located in the city in which you live is responsible for investigating these crimes.
With that said, you should not expect the police to actually provide any meaningful help. You just need their report to submit as part of the process.
2. Report it to the Federal Trade Commission and Social Security Administration
Your next step is to file an identity theft report with the Federal Trade Commission. They have a form on their website that you can submit. You should do the same with the Social Security Administration.
Much like the police, you are just looking for the report and not actually looking for help when it comes to the FTC and SSA.
3. Check Your Credit and Accounts
The next step is to contact one of the three credit reporting bureaus to report the identity theft and, maybe, to request that they freeze your credit.
You should also check your credit cards and bank accounts for unauthorized charges. Alert any bank or financial institution as appropriate. Close accounts and/or change credit card numbers as needed.
4. Report it to the Texas Workforce Commission
The next step is to report the incident to the Texas Workforce Commission. The TWC also has a form on its website to report the incident. The TWC calls this their “online fraud portal.”
The TWC will typically investigate claims that you submit. This does not mean that the TWC will do anything about it.
The TWC will likely not give you any updates on it and you shouldn’t expect to hear back from them–ever. The TWC, as with most of the government agencies noted here, simply is not that helpful. Their customer service efforts are, well, severely lacking.
Steps for Employers
If you are an employer and you receive notice of an unemployment claim submitted by a current employee or someone else who has not worked for your business, you should contact the TWC to report it.
This means that you will have to call the TWC. You should expect to wait on the phone for several hours. As noted for individuals above, the TWC will take your information and most likely never follow up with you. This is the TWC’s normal mode of operation.
What Violations Should I Report
The following incidents should be reported to the TWC:
- Obtaining unemployment insurance benefits by misrepresentation
- Obtaining child care benefits by misrepresentation
- Improper tax avoidance by nondisclosure or misrepresentation of facts
- Authorizing an improper claim for others
- Authorizing ineligible participation in TWC programs
- Authorizing payments to ineligible claimants/clients
- Accessing agency information (e.g., wage records) for non-business reasons.
If all else fails, you can also contact a Texas unemployment attorney to advise you on your case and your rights.