Navigating Unemployment Overpayment Appeal After Severance in Texas

I was laid off from my job in Texas in mid-May and signed a separation agreement that included 8 weeks of severance pay. After my employment ended, I applied for unemployment benefits and reported the severance when I received it in mid-June. Recently, I received a decision stating that I was overpaid for the 8 weeks following my layoff due to the severance. I'm now considering appealing this decision and want to clarify my situation. In the separation agreement, it specifies that 10% of the severance payment is allocated for confidentiality obligations, which I believe should exclude that portion from being considered as severance under Texas law. Additionally, the remaining 90% of the severance is stated to be based on my role and tenure with the firm, which I think may also exclude it from being classified as severance under the same legal section. I have a recorded call with my former employer where they confirmed that my severance was calculated based on my position and length of service, along with a follow-up email reiterating that I was receiving the maximum severance amount according to company policy. Given these points, I'm wondering if I have a solid case for an appeal. Has anyone else had success with this type of appeal? I would appreciate any advice or insights on how to approach this situation, including tips on the appeal process or any potential challenges I might face.

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