McKinney man who received overpayment notices was actually underpaid, TWC says
MCKINNEY, Texas - The Texas Workforce Commission has responded to FOX 4 questions about why a McKinney man received stacks of overpayment notices that all turned out to be inaccurate.
The TWC said Robert Jacobs’ case is complicated and not like most of the overpayment cases handled by them, but they've not yet responded to questions about just how many people are in a similar situation.
It is a battle Jacobs has had to fight for a year and a half. And while he has prevailed, he's concerned about others who may be getting similar inaccurate notices.
Friday, Jacobs showed FOX 4 a huge stack of overpayment notices from the TWC. He had to go through more than a half dozen hearings about the notices. And each time, the TWC’s claim of overpayment was reversed in Jacobs' favor.
"It dragged on for seven hearings. Could have easily been solved in one," he said.
Jacobs works for the Texas Rangers and American Airlines Center. During the COVID pandemic, employees were told to file for unemployment.
Jacobs submitted his hours based on the TWC’s pay period, which he was told in the hearings was correct. But that did not match the pay schedules for either employer.
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"I'm sure others are getting overpayment notices and probably sending money in that they don't owe," he said.
FOX 4 requested an interview with TWC Executive Director Ed Serna. Instead, the commission would only provide a written statement from a spokeswoman. She said, "We can note that this was an unusually complex case. It is not characteristic of most of the overpayment cases handled TWC."
FOX 4 asked how many overpayment determinations TWC has reversed this year, but we have not yet received a response.
Jacobs says one of the biggest frustrations has been how difficult it has been to reach TWC about the problem.
"Seems like a good idea for Ed Serna to call the same numbers he is asking us to call. See if he can get in touch with his own agency because it is it impossible," he said.
It turns out TWC did not overpay Jacobs. In fact, the commission found it underpaid him. So he recently received $1,300 deposited into his account.
"I was shocked when I started receiving that money in my account," he said. "I realized how much had been held back. But I don't know if it is accurate."
In a follow-up conversation, a TWC representative confirmed to Jacobs that it is his money and that he should not get any more notices.
"It should be problem solved. I don't know that I trust that," he said.
TWC notes that anyone who disagrees with an overpayment determination does have a right to an appeal.