If a business owner tells me to file unemployment because they had a flood and arent making revenue is, and they have

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Customer: If a business owner tells me to file unemployment because they had a flood and arent making revenue is, and they have insurance to cover employee wages is this legal
JA: Just to clarify, are you currently receiving unemployment benefits? If not, where are you in the filing process?
Customer: no
JA: Where are you located? Unemployment laws vary by state.
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Dan Dufresne in 5 mins 5 months ago
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Dan Dufresne
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Dan Dufresne
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19176 Satisfied customers
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10+ years of experience
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Dan Dufresne
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19176 Satisfied customers

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Dan Dufresne, Expert

Good evening!
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Dan Dufresne, Expert

My name is ***** ***** I've been an attorney for 20 years.

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Dan Dufresne, Expert

I look forward to assisting you.

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Dan Dufresne, Expert

In which state do you reside?

Customer
TEXAS
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Dan Dufresne, Expert

Thanks.

Customer
NP!
Customer
Sorry it disconnected are you still there?
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Dan Dufresne, Expert

An employer can terminate or layoff an employee with or without notice and with or without reason.   There's no legal requirement to pay wages from insurance reimbursement.  Is there anything else I can clear up for you?

Customer
Okay, that's what I thought, unfortunately. So is this not information that should be given to her insurance claim company that she is doing this to several employees to financially benefit herself?
Customer
If the wages are specifically to cover payroll, that is legal?
Customer
If she is claiming to the insurance company that she is paying these wages, and not paying them isn't that illegal?
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Dan Dufresne, Expert

I don't know the nature of the insurance claim, the cause of the claim or the circumstances surrounding the claim.    Generally speaking, an employer is free to make business decisions based in market conditions.

Customer
Also, the pay that is owed to be paid 1/5/2023 for work done in December, she is saying she will not be paying. This was work done before the business stopped operating. Is THAT legal?
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Dan Dufresne, Expert

You have the right to be paid for services rendered on behalf of your employer.  Consider filing a claim with DOL.

Customer
Okay, what would I need to file for that.
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Dan Dufresne, Expert

Sure thing...  TWC regulations explain  -- "Online Texas Payday Law Wage Claim system or View a tutorial on How to File a Wage Claim using Online system for more information on using the online system.  

If unable to submit your claim online, you may complete a Texas Payday Law Claim paper form and send the completed form, along with any supporting documents, by fax or mail.

  • Texas Workforce Commission
    Wage and Hour Department
    101 E 15th St, Rm 514
    Austin, TX###-##-####/li>
  • Fax:(###) ###-####/li>

f you have questions or need assistance completing your wage claim, call the TWC Wage and Hour Department at(###) ###-####or(###) ###-####"

Is there anything else I can clear up for you?


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Dan Dufresne, Expert

I hope I've been able to assist you.


If would like to ask me another question in the future, you can add me as a favorite Expert. You’ll have the option to do that on your “My Questions" page.


Have a good evening!

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