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Next Back to Employee Rights Resources Back to TLSC Home PageDisclaimer: The information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own employment law problem, you should seek help from a licensed attorney.
This pamphlet gives detailed information on the unemployment compensation system in Texas. If you were unfairly terminated you or forced to quit, you may have other rights besides the right to unemployment compensation. For more information, call the Employee Rights Project at Bexar County Legal Aid.
Unemployment compensation is a government program that pays benefits to unemployed or part-time workers who are searching for work. The benefits are based on what you earned before you quit working, and usually last up to 26 weeks. The money comes from a tax paid by most employers. The Texas Workforce Commission runs this program.
The best way to find out if you qualify is to check with the Workforce Commission. You can get unemployment compensation if you worked enough time in the year or so before you apply for benefits AND you are able to work, available for work, and actively looking for full-time work UNLESS (1) you were fired from your last job for misconduct OR (2) you voluntarily quit without "good cause." If you have a health condition that kept you from working in the last year and a half, but you are now able to work, give the Commission proof of this from your doctor. If you find part-time work, you can still get part of your unemployment check while you look for a full-time job.
"Work-related misconduct" involves serious misbehavior that you knew or should have known could get you fired. Often, misconduct involves violations of an employer's policies about issues like absenteeism or work procedures.
Some examples of misconduct include: missing work without properly notifying your employer, using the employer's supplies or services without permission, lying to the employer, disobeying direct orders by a supervisor, and refusing to cooperate with co-workers.
Common reasons for termination -- such as inability to do the job, unsatisfactory performance, bad attitude, or personality conflicts -- are not necessarily "misconduct" and might not disqualify you from getting unemployment benefits. Some examples of behavior that is not misconduct include:
You can also defend yourself by showing that you could not prevent what happened, or that you acted in response to wrongful acts by your supervisor.
Some reasons that can be "good cause" for quitting include: not getting paid wages or overtime, harassment by supervisors or coworkers, major changes in your job that make your job worse, unsafe working conditions, and unfair discipline. Before you quit, you must tell your employer about the problem (preferably in writing or with a witness present) and give the employer a chance to fix it. Also, if you can prove that you quit to avoid being fired, your employer will have to prove that you committed "work-related misconduct."
Write out a statement explaining why you lost your job. Go to the nearest Texas Workforce Commission office, ask to file for unemployment compensation benefits, and give them your written statement. Be cooperative, and be sure to give truthful, complete, and consistent information about your situation. Give the Commission copies of any documents that back up your story. Always keep copies of your statement and the other documents you give the Commission, in case the Commission loses your papers or claims you said something different. NOTE: You will have to reapply for benefits every two weeks while you're out of work.
Carefully read over the booklet that you get when you apply. Make sure to look through the sections on "special circumstances" and "special programs." These tell you if there is anything about your situation that would allow you to get better benefits or training.
No, but it makes sense to apply right away. If you wait to apply, you will not get paid for time that has already passed, and your weekly benefits may be smaller than if you had applied right away. If you wait too long, you might not get any benefits at all. Remember, you must reapply every two weeks.
Someone at the Workforce Commission (the "claims examiner") will look at your claim to see if you should get unemployment benefits. The claims examiner may call and talk to you or your employer about why you left your last job. (Take careful notes of any conversations you have with the claims examiner.) If you are not a U.S. citizen, the Commission will contact INS to verify your Alien Registration Number.
In two to four weeks, you will get a letter (called an "initial determination") that tells you whether or not the Workforce Commission thinks you should get the benefits. If the Commission thinks you should get benefits, you will start to get checks based on what you earned in your "base period." Your employer has 14 days to appeal the decision. If the employer appeals, you will get a letter telling you about a hearing about your claim. Meanwhile, you will continue to get checks as long as you reapply for benefits every 2 weeks.
If you are denied benefits, you have 14 days to appeal the "initial determination." If you appeal, you will get a letter telling you the date and time of the hearing. You will not receive a check unless you win the appeal, but you should keep reapplying for benefits while you're waiting. NOTE: The deadline to appeal runs from the day the determination letter is mailed, not from the day you get the letter. If you miss the deadline, immediately file your appeal and explain why you were late.
If you start getting checks, don't forget about the income tax. Even though the government does not deduct any taxes from your benefit check, you still have to pay federal income tax. It is a good idea to pay taxes quarterly. For information about what forms to file, contact the IRS at (800) 829-1040.
Usually, the hearing takes place by phone. The hearing officer will explain how the hearing works and will start by questioning your employer, then you and any witnesses. You and your employer can question each witness after the hearing officer is done. You can get a translator if you need one.
The whole hearing is recorded on a cassette tape. You have the right to a copy of this tape. To get a copy, ask for it in a letter to the hearing officer.
If you will have trouble taking part in a phone hearing, write to the hearing officer as soon as possible and ask for an "in-person" hearing.
A few days after the hearing ends, the hearing officer will mail you a decision. Either side can appeal this decision by writing a letter to the Commission.
1. Get someone to represent you. If you can't find a lawyer but you need help presenting your case, a friend or union representative can represent you in the hearing. If you represent yourself, practice ahead of time with a friend.
2. Find out what your employer said about you.
You have the right to one free copy of everything in your TWC file, including a printout of the computer records of the phone conversations between your employer and the TWC.
3. Get witnesses to back you up. Any witness who has "personal knowledge" about your situation can help your case. "Personal knowledge" means the person saw or heard something rather than relying on second-hand information. Good witnesses can include people who saw part of an incident for which you were disciplined, people who were present when you were fired, or people who know you had a good reason for doing something for which you were punished. The witness simply has to be available by phone during the hearing. The TWC has the power to "subpoena" (order) a witness to appear.
4. Use documents to prove what you say. If you have anything in writing that would prove your story (such as time sheets, schedules, or letters), use it at the hearing. If you cannot get witnesses to testify for you at the hearing, try to get them to put their testimony in writing and have them sign and date it. You can use this written statement at the hearing, even though it is not as good as live testimony. If the termination had anything to do with your health, get a letter from your doctor about the problem.
If you want to use any document at the hearing, you must mail, hand-deliver, or fax a copy to your employer and to the Hearing Officer before the hearing begins. (If your employer tries to use documents that it did not send to you before the hearing, tell the Hearing Officer and object to using the documents.) If your employer raises a new issue at the hearing, and you need more documents or testimony to respond to the new issue, ask for a "continuance" and explain why you need the other documents or testimony. If the hearing officer will not reschedule the rest of the hearing, object.
5. Learn how the Commission works. Carefully read all the rules that are included in the official notice of your hearing, and be sure to follow them. Also, look at the "TWC Appeals Policy and Precedent Manual" to learn what facts the Hearing Officer will use to decide your claim. (You may find this book at the Commission, at Legal Aid, or on the Internet, which you can access at any public library.) The cases that apply are usually found in "MC - Misconduct" or "VL - Voluntary Leaving." If you find a case that supports your claim, write down the case number and tell the Hearing Officer about the case.
6. Stick to the point. The Commission only wants to know whether you were fired for misconduct or voluntarily quit without good cause. Even if your employer discriminated against you or did something else wrong, you still have to prove that you didn't commit misconduct or that you quit for a good reason.
7. Don't be afraid to ask questions. If a witness doesn't tell the whole story, politely ask questions about what the witness left out. Try to show that your employer's witness did not have first-hand knowledge of the facts. Or show that the witness said different things at different times.
8. Be consistent. Always tell the truth and don't contradict yourself. Don't hesitate to give the hearing officer new information, if you just learned it or if you forgot to say something or didn't know it was important when you first filed your claim. If your employer then claims you have changed your story, be sure to explain why you waited to bring up the new information.
9. Be sure the Commission knows the whole story. The following facts, if true, will increase your chances of winning:
Texas Workforce Commission
Main Office
4241 Woodcock
San Antonio, TX 78228
(210) 932-1644
San Antonio Bar Association
Lawyer Referral Line
(210) 227-1853
Employee Rights Project
Bexar County Legal Aid
123 Ascot
San Antonio, TX 78228
(210) 922-5893
Internal Revenue Service
(800) 829-1040
© 1998 Bexar County Legal Aid Association
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Next Back to Employee Rights Resources Back to TLSC Home PageThis page was last updated on: 01/03/02