If you are out of work, you probably have questions about unemployment benefits. Below you will find answers to frequently asked questions concerning unemployment benefits in the State of Texas. As anyone who lived through the Great Recession knows, job security isn’t what it used to
be. Advances in technology and globalization have created a volatile labor market in which no one’s job is safe. These disruptive forces have led businesses large and small to adopt an “innovate or die” mentality. As a result, corporate downsizing and mass layoffs are now commonplace, especially during economic downturns. For many, the sudden loss of a job can be financially devastating. Fortunately, the State of Texas provides temporary financial assistance to individuals who are
unemployed by no fault of their own. This financial assistance is referred to as “unemployment benefits.” Unemployment benefits provide people who are unemployed with compensation for a specific period of time while they search for a new job. The Texas Workforce Commission (TWC) is responsible for administering the unemployment benefits program in Texas. The TWC does not grant unemployment benefits to everyone who applies for them. To be
eligible for unemployment benefits in Texas, you must: To qualify for unemployment benefits in Texas, a person must have earned “base-period wages” above a certain amount. To calculate this amount, follow the following steps: First, write down the month and year in which you filed your claim of unemployment benefits:
If you were unemployed for a long period of time during your base period because of a medically verifiable illness, injury, disability, or pregnancy, you may be able to use an alternate base period. Step 2Second, write down each month and year in your base period. Your base period should be twelve consecutive months. Now group the first three months in your base period into a quarter (quarter 1), the next three months into another quarter (quarter 2), the next three months into another quarter (quarter 3), and the final three months into another quarter (quarter 4). To be eligible for unemployment benefits in Texas, you must have earned wages during at least two of the quarters within your base period. Step 3Third, to be eligible for unemployment benefits in Texas, your total amount of your base period wages must be at least 37 times your weekly unemployment benefit amount. Step 4Finally, if you previously qualified for unemployment benefits on a prior claim, to be eligible for unemployment benefits on your most recent claim, you must have earned at least 6 times your new weekly benefit amount since that time. If this is your first claim for unemployment benefits in Texas, you may ignore this step. Determining Whether You Have a Qualifying “Job Separation”“Job separation” refers to the reason why you lost your job. To be eligible for unemployment benefits in Texas, you must have lost your job or be working reduced hours through no fault of your own. The following are common forms of “job separations”:
Work-Registration RequirementWithin three business days of the date on which you applied for unemployment benefits from the TWC, you must “register for work” to be eligible for unemployment benefits. Additional instructions and details concerning this requirement are available on the TWC’s website here. Citizenship or Work-Authorization RequirementTo be eligible for unemployment benefits in Texas, you must either be a citizen of the United States. If you are not a U.S. citizen, you may still be eligible for unemployment benefits if you:
Ability RequirementTo qualify for unemployment benefits while you are out of work, you must be physically and mentally able to perform the work that you are seeking on a full-time basis. According to the TWC’s website, you “must have the health, endurance, and other physical and mental requirements necessary to perform suitable full-time work for which you are qualified or can readily learn to perform, and which exists in your job search area” to meet the “ability requirement.” Availability RequirementTo be eligible for unemployment benefits, you must be available to work on a full-time basis. According to the TWC’s website, “Being available for work means that you are ready, willing and able to accept any suitable full-time work.” You must have adequate transportation to get to and from a job. If you are responsible for taking care of a child, you must have adequate childcare arrangements in place that allow you to work full time. You must be available for job interviews while searching for a job. You must be ready, willing, and able to work on any day of the week, and at any hour of the day or night. You must be willing to work for the “usual rate of pay” for a job applicant with your qualifications and experience. In other words, you must make a good faith effort to secure full-time employment. Ongoing Work-Search RequirementsUnemployment benefits are designed to help people to get back on their feet and stay afloat until they find a job and can support themselves again. To that end, after you file your initial claim, you must ensure that you are meeting the TWC’s “work-search requirements” to remain eligible for unemployment benefits. Specifically, you must:
If you are receiving unemployment benefits, the TWC may review your documented work-search activities to ensure compliance, so make sure to carefully and accurately document your efforts to find a job. There are, however, exemptions from the work-search requirements in limited circumstances. You may qualify for an exemption from a work-search requirement if you:
The TWC will let you know if you are exempt from any work-search requirements. Additional details about the work-search requirement are available on the TWC’s website here. Reemployment Activities RequirementThe maximum period of time for which an individual may receive unemployment benefits is 26 weeks. If you have been receiving unemployment benefits for an extended period of time and the TWC identifies you as someone who is likely to exhaust their unemployment benefits, the TWC may require that you participate in reemployment services to remain eligible to receive benefits for the remainder of your 26-week period. If the TWC notifies you that you must participate in reemployment activities but you fail to do so, the TWC may delay or deny the payment of unemployment benefits to you going forward. Texas Workforce Commission Contact RequirementsRemain eligible for unemployment benefits after you begin receiving them, you must stay in communication with the TWC. The TWC may contact you by telephone or email requesting that you call the TWC’s “Tele-Center” hotline. Additionally, the local “Workforce Solutions” office in your area may contact you for job referrals or to inform you that you must participate in mandatory reemployment services to remain eligible for unemployment benefits. You should promptly respond to calls, emails, and letters that you receive from the TWC in the mail. Likewise, you should promptly report to the local Workforce Solutions office when requested. If you fail to do so, the TWC may deny or delay your unemployment benefits. How do I apply for unemployment benefits?Applying for unemployment benefits in Texas is a three-step process:
In the video below, attorney Nick Wagoner walks you step-by-step through the application process. How much will my weekly unemployment benefits payment be?The weekly payment amount that you may receive in unemployment benefits depends on the amount of your past wages. To calculate your “Weekly Benefit Amount,” or “WBA” for short, the TWC will divide your base-period quarter with the highest wages by 25 and then round that number to the nearest dollar. If this calculation yields a WBA that’s less than $69, your weekly benefit payment will be $69. If this calculation yields a WBA that’s greater than $521, your weekly benefit payment will be $521. The TWC has developed an online “Unemployment Benefits Estimator” tool that you can use to estimate the amount of your potential benefit payment. After you have filed your claim for unemployment benefits with the TWC, the TWC will mail a statement to you that will include the amount of the potential weekly payment that you may receipt. The TWC places a cap on the total amount of benefit payments that you may receive during your benefit year known as the “Maximum Benefit Amount,” or “MBA” for short. Additional information about the MBA is available on the TWC’s website here. How long can I get unemployment benefits in Texas?You may receive unemployment benefits for up to 26 weeks in Texas. Finding a full-time job well before your unemployment benefits run out should therefore be a top priority. Conduct your job search with a sense of urgency. Take full advantage of the job-search tools and resources available to you. Working with an Employment LawyerProperly completing your application for unemployment benefits, filing it with the TWC, and resolving disputes related to unemployment benefits can be challenging. Having an experienced employment lawyer on your side may relieve stress and help you achieve the best outcome possible in your case. A knowledgeable and experienced employment lawyer may help you in a variety of ways, including advising you on your rights, representing you in an administrative hearing or appeal related to your claim for unemployment benefits, and representing you in a lawsuit related to your benefits. If you have questions related to unemployment benefits in Texas, contact the Wagoner Law Firm now for a free case evaluation. Call Now to Request a Consultation (469) 810-0473Do you need to speak to a lawyer about an injury or employment situation? Whether you live in Dallas, Fort Worth, or elsewhere in Texas, the Wagoner Law Firm may examine your claim and advise you on the best way to move forward. Request a consultation today. What are the rules for unemployment in Texas?To be eligible for benefits based on your job separation, you must be either unemployed or working reduced hours through no fault of your own. Examples include layoff, reduction in hours or wages not related to misconduct, being fired for reasons other than misconduct, or quitting with good cause related to work.
Is there a waiting period for unemployment in Texas?Two principles are at work here -- a claimant must be "unemployed" in order to be eligible for benefits, and cannot receive benefits for the first week of unemployment (the "waiting week") until he or she has received at least two weeks' worth of unemployment benefits and has either returned to full-time work or has ...
Can you be denied unemployment in Texas?There are several reasons why your Texas unemployment claim may be denied. For example: You failed to meet the earnings requirements. In Texas, you must have earned wages in at least two of the four calendar quarters during the 12-month base period before you applied.
How much do you get paid on unemployment in Texas?Potential Benefit Amounts and Contact Information by State. |