Surplus Employee

by David
(Texas)

The company I work for has been laying people off for quite some time now.


But now there calling it surplusing. To me, they just making excuses until they get rid of everyone.

I am 1 month from my 62nd birthday. If they let me go can I draw unemployment, and how long.



Chris's Answer



If surplussing is a creative way for an employer is to describe firing an employee for something definitely not misconduct, or more precisely, "laid off for a lack of work" without an offer of continuing suitable work to counter act as an argument why it isn't their fault, then yes, you should be able to collect Texas unemployment benefits.

As for how long you could collect, the maximum duration of benefits in Texas, according to table 3-12 is still 26 weeks and the minimum, is ten weeks.

However, since you say you're about to be sixty-two years old, you've left a question of concern open. Although I won't ask you, I'll show you where I find answers.

If laid off, the natural question I used to ask is if the individual will also start receiving any additional income payments, including retirement benefits, which can cause an offset to the amount of unemployment benefits one receives, vs. the amount they qualify for monetarily.

DOLETA's interpretations of the effects of certain types of deductible income from UI benefits .. state by state, begins on page 43 of the non-monetary chart book.

(That may seem ironic to some .. but that's how the issue of deductible income, is viewed by states and the DOLETA .. a non-monetary issue.)

But, I'll be moving this Q&A .. to reside with the other monetary questions on Unemployment Tips anyway.

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