Dallas Employment Lawyer Blog
The Texas Workforce Commission (TWC) administers Texas unemployment compensation laws. Under Texas employment law, employees must meet specific employment qualifications to be eligible for unemployment compensation. If the TWC denies unemployment compensation, a Texas employment lawyer can assist with an appeal.
According to the TWC, when an employee has left their employment through no fault of their own, they may apply for unemployment compensation. An application can be filed online, in-person, or by calling the state hotline. Texas maintains a “work search” registry and individuals who have applied for unemployment compensation must sign up with this registry. They must also submit weekly claims showing they are attempting to find a job in their related field.
To establish a claim for unemployment compensation, the person must first show they are unemployed through no fault of their own. Some common scenarios that qualify include layoffs, resigning for good cause, or a reduction in work hours or wages. Of course, this reduction must not be related to misconduct.
Next, the individual’s earnings must meet a minimum amount within a “base period.” The base period is the earliest four of five quarters that the employee worked before filing a claim for benefits. The individual must be able to show that they received wages during at least two of the four quarters in the base period. At a minimum, these earnings must be 37 times the benefit amount.
Finally, the individual must be “ready, willing, and available” to work. Ready, willing, and available to work means that the individual is actively seeking employment. This is shown by documenting their employment search activities on the state registry. Further, the individual must be physically and mentally capable of working. This includes working when reasonable accommodations are necessary. Finally, there must not be anything hindering the employee from taking on a new employment opportunity. A person would not be considered available to work if they do not have the means to get to an interview or work, if they cannot work full time, or even if they are planning on taking a vacation during their unemployment period.
Individuals Who Do Not Qualify for Texas Unemployment Compensation
There are certain instances where an individual may not be eligible for unemployment compensation, such as being terminated for misconduct. However, not all terminations are disqualifying.
Similarly, an individual may not be eligible if the employee voluntarily quits his or her employment. Again, if an employee resigns for “good cause,” he or she may still be eligible. The TWC will evaluate the application to determine if the employee’s reason for leaving falls into this category.
Have You Been Denied Unemployment Compensation in Texas?
If you have been denied unemployment compensation in Texas, you should contact the employment lawyers at Rob Wiley, P.C. We have decades of collective experience handling various Texas employment claims and can assist you in understanding your rights and remedies. If you have been denied unemployment compensation, our Dallas employment attorneys can handle your appeal and help get you the compensation you deserve. Contact Rob Wiley, P.C. today at 214-528-6500, to schedule your initial consultation.