[jamesoct2373]

I have over the past 9yrs worked for the same contract company and traveled over the world for the work. In these previous years I been able to make unemployment claims to those states that I have worked in even though I reside in the state of TX. It seems that the company this year has found a loop hole to claim all wages through TX, however, I still paid state taxes to the actual states I was working in. After being laid off and just starting a new claim, I was forced to have to claim the state of TX for unemployment because that's where they claim I worked. In the past year I have worked in several different states and not once in TX. I have copies of check stubs showing state taxes being taken when I worked. Please help me understand how the company can say I worked in TX, but yet paid taxes to the actual state I was working and not be able to claim unemployment in any of those states. I lose money out of taxes they are taken out for those states and I lose the benefit amount from those states which pay more than TX. Also, am I able to get the states taxes back that were paid out of my checks? Seems like a big tax scam if I am not.

[AtlantaTaxExpert]

Your first stop should be the agency that administers the Texas unemployment compensation. If you provide them with the proof you cite, they MAY agree with you and give you the needed documentation that will allow you to claim unemployment in other states.

[jamesoct2373]

Your first stop should be the agency that administers the Texas unemployment compensation. If you provide them with the proof you cite, they MAY agree with you and give you the needed documentation that will allow you to claim unemployment in other states.

They told me to discuss it with my payroll department. They would have to move the benefits to one of the states I worked in. I have already went down that road and they said they have had legal assistance and assure me that they can do what they are doing. All my wages where paid to the state I resided and not the states I worked. I still don't understand.

[AtlantaTaxExpert]

The unemployment insurance WAS paid to the state of Texas, because that is where your employer was based.

If you REALLY want to claim the unemployment insurance in another state, you may need to hire an attorney.

[jamesoct2373]

The payroll company is Headquartered out of Tampa, FL. This is where much of the confusion is from, how I live in TX after all these years and work in any state but TX. As I stated previous years I have been able to claim unemployment in any of the states I worked. This year I can only claim TX because that's where they have claimed all my wages because of where I reside and yet still pay state taxes to those states as well. Why am I still paying state taxes to those states and not able to claim unemployment there? Am I not able to receive the taxes back that I paid to those states if they claim I worked in TX?

[AtlantaTaxExpert]

Okay, then your employer was cherry-picking where they paid the unemployment tax, probably choosing Texas because it had the lowest tax rate.

Again, you probably need to get an attorney involved.

[jamesoct2373]

Okay, then your employer was cherry-picking where they paid the unemployment tax, probably choosing Texas because it had the lowest tax rate.

Again, you probably need to get an attorney involved.

So do I have a legitimate argument to seek an attorney?

[AtlantaTaxExpert]

In my opinion, yes, but that is only MY opinion.

However, all you lose by consulting with an attorney is your time, as MOST attorneys charge you NOTHING for an initial consultation to determine if you have grounds to seek a legal remedy.

[jamesoct2373]

IMHO, yes, but that is only MY opinion.

However, all you lose by consulting with an attorney is your time, as MOST attorneys charge you NOTHING for an initial consultation to determine if you have grounds to seek a legal remedy.

Thanks, I have looked for some in my area to take my case to and see.