When an employee in Texas is fired, laid off, or quits a job, one of the first questions that may come to mind is ‘what is the process for applying for unemployment benefits in Texas?’  For some, it may seem daunting or even a waste of time.  However, unemployment benefits are there for employees who are separated from a job through no fault of their own, and it can be an important source of income during any period of unemployment.  While the unemployment benefits application process is relatively straight forward, there are a number of pitfalls that can trip an applicant up.

Here are the steps to applying for unemployment benefits in Texas:

1. Filing a Claim:
   1. To start the process, you file an unemployment benefits claim with the Texas Workforce Commission (TWC). This can be done online through the TWC’s website or by phone.
   2. You’ll need to provide personal information, details about your past employment, and the reason for your job separation (e.g., layoff, reduction in hours, policy violation, etc.).

2. Initial Review:
   1. After filing your claim, the TWC will review your application to determine if you meet the eligibility requirements for unemployment benefits.
   2. Eligibility factors typically include the reason for separation, having earned a certain amount of wages during a specific time period, being able and available to work, and actively seeking employment.

3. Waiting Period:
   1. Texas, like many states, has a waiting period before you can start receiving unemployment benefits. This waiting week is usually the first week of your claim during which you’re eligible but not paid.

4. Work Search Requirements:
   1. In most cases, you’re required to actively search for work while receiving unemployment benefits. This involves applying for jobs and documenting your job search efforts.

5. Job Separation Verification:
   1. The TWC will contact your previous employer to verify the reason for your job separation. If there are disputes about the reason for separation, it could affect your eligibility and/or lead to an appeal.

6. Benefit Determination:
   1. Based on the information you and your former employer provide, the TWC will determine whether you qualify for unemployment benefits and the amount you’re eligible to receive.

7. Payment:
   1. If approved, you’ll receive a weekly payment, typically through direct deposit or a prepaid debit card. The amount of the payment is based on your past earnings and other factors. You must request payment during each pay period to receive your unemployment benefits.

8. Ongoing Certification:
   1. To continue receiving benefits, you’ll usually need to certify each week or bi-weekly that you’re still eligible by reporting any income you’ve earned and confirming that you’re actively seeking work.

9. Appeals:
   1. If your claim is denied, you have the right to appeal the decision. Likewise, if your claim is approved, your former employer has the right to appeal the decision. The appeals process typically involves submitting additional information and attending a telephonic appeal hearing.  You have the right to be represented by an attorney in an appeal hearing and should consult with an employment attorney about the appeals process if you have any questions/concerns.

It’s crucial to follow the guidelines and rules set by the Texas Workforce Commission when filing for unemployment benefits. As these processes can change, I recommend visiting the official Texas Workforce Commission website or contacting their office directly for the most accurate and current information regarding the unemployment benefits process in Texas.

The Family and Medical Leave Act (FMLA) is a federal law that requires employers with at least 50 employees within a 75-mile radius to provide up to 12 weeks of job protected leave (typically unpaid) to certain employees.  To be eligible for FMLA leave, the employee must have been employed for at least 12 months and worked at least 1,250 hours during the last 12 months.  An eligible employee may take up to 12 weeks of job protected leave due to any of the following reasons:

1. Birth of a child or placement of a child for adoption or foster care;
2. Caring for a spouse, son, daughter, or parent who has a serious health condition;
3. His/her own serious health condition that makes the employee unable to perform the essential functions of his/her job; or
4. Any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent who is a member of the military on covered active duty or call to covered active duty status.

Why is the FMLA important for employees?

The FMLA is important for employees in Texas for countless reasons.  Most importantly, an employee who takes FMLA leave must be restored to his/her original job (or an equivalent job with equivalent pay, benefits, etc.) upon his/her return to work.  The fact that the employee took FMLA leave for any period of time up to 12 weeks cannot be held against the employee.  During any period of FMLA leave, an employer is also obligated to continue any group health insurance coverage for the employee.

While many employers offer their own maternity/paternity leave policies, the FMLA goes one step further.  When an employee gives birth or has a child, the FMLA allows an eligible employee to take leave of up to 12 weeks from work during which they do not have to worry about their job waiting for them upon their return.  For covered employers who do not offer their own maternity/paternity leave, the FMLA still mandates that an eligible employee can take this leave.

How do I take FMLA leave?

If you are needing to take medical leave for yourself, to care for a spouse, child, or parent, or to give birth or care for a baby, the first thing that you should do is request FMLA paperwork from your employer (although it is not required that the employee specifically mention “FMLA” in his/her request).  Once this request is made, the employer is required to provide the employee with notice concerning his/her eligibility for FMLA leave, as well as advise the employee of his/her rights and responsibilities under the FMLA.  If you are an eligible employee, you will be provided with paperwork that your doctor/medical provider will need to complete outlining your need for the FMLA leave.  Once that health care provider certification is submitted, your employer is required to notify you of whether the leave is approved and designated as FMLA leave and the amount of leave that you have been approved for.  FMLA leave can be taken in a continuous stretch (for up to 12 weeks in a given year) or on an intermittent basis (e.g. 1 day per week).

What if my employer denies FMLA leave or fires me after taking FMLA leave?

If you believe that you are eligible for FMLA leave and your employer is denying you that right, contact an employment lawyer in your area as soon as possible.  You may have a claim for FMLA interference.  Not only can an employment lawyer advise you of your rights regarding FMLA leave, but he or she may be able to step in to protect those rights before any employment action is taken against you.

If your employer has failed to restore you to your original (or equivalent) position, or if your employer terminated you during FMLA leave or following your return to work from FMLA leave, contact an employment lawyer in your area as soon as possible.  You likely have a claim against your employer for FMLA retaliation, and it is imperative that you have legal representation to advocate for your rights.

After being fired or forced to quit a job, you may be wondering how you are going to make ends meet.  Texas law allows for employees who are temporarily out of work through no fault of their own to collect unemployment benefits.  The current maximum benefit is $494 per week.  While not everyone who is fired will qualify for unemployment benefits, it is important that you take the necessary steps to apply as soon as you become unemployed.  The application process is handled by the Texas Workforce Commission and can be taken care of through its Unemployment Benefit Services online system.

How do I know if I will be approved for unemployment benefits?

The main question that is considered by the Texas Workforce Commission in deciding whether an employee is eligible for unemployment benefits is whether the individual became unemployed through no fault of their own.  In other words, you will not be approved for unemployment benefits if you were fired for committing misconduct at work.  Under the law, “misconduct” means “mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to ensure the orderly work and the safety of employees.”    This can include blatant examples of misconduct such as fighting on the job or stealing from your employer but can also include things like an employee’s continued failure to perform despite being given multiple opportunities.

However, misconduct does not include acts that are “in response to an unconscionable act of an employer or superior.”  An example of an unconscionable act would be if your employer asked you to engage in some criminal or illegal activity and you were subsequently fired for refusing to engage in that illegal behavior.    You also may be eligible for unemployment benefits if you quit in response to your employer’s request that you engage in illegal activity.

Can I still receive unemployment benefits if I quit my job?

Maybe.  If you resigned or quit your job, there are certain situations that may allow you to still qualify for unemployment benefits.  The Texas Workforce Commission will determine if the employee had “good cause” for leaving his/her job.  Like the above example, you may be eligible for unemployment benefits if you resign in response to an unconscionable act of the employer.  If your employer tells you that you will be fired if you do not quit your job, then the Texas Workforce Commission views that separation the same as a firing for purposes of determining eligibility for unemployment benefits (i.e. did the employee commit misconduct).

What do I do if I am denied unemployment benefits?

If the initial determination/decision of the Texas Workforce Commission is to deny your claim for unemployment benefits, you have the right to appeal that decision and you have the right to be represented by an attorney.  Once an appeal is filed, your claim will be set for a telephone appeal hearing.  Prior to filing the appeal, you should reach out to an employment attorney to discuss your claim and possible representation.  During the appeal hearing, a hearing officer from the Texas Workforce Commission will hear testimony and evidence from the employer and employee, including witnesses for both sides, before making a decision.  Having an employment attorney on your side can help focus the arguments and increase the chances that you are ultimately awarded unemployment benefits.

Under Texas Labor Laws that address break periods throughout a workday, employers have no legal obligation to provide their employees with coffee, rest, or lunch breaks. Many employers do offer this benefit, but since it is their choice and not a legal requirement, they can eliminate this perk at any time.

All employees in Texas are required to be paid for their work. However, under Texas Labor Laws on rest and lunch breaks, employees have no legal right to demand or require such breaks. If an employer does provide breaks, all employees are entitled to be paid for short breaks as part of their daily work but not meal breaks unless such breaks qualify as a working lunch.

If your pay is docked for allowed short breaks or working lunches, you can take measures to recoup your docked pay. To learn more about your rights and possible claim under Texas Labor Laws regarding breaks, consult with an experienced employment attorney in your area or read our full article Breaks at Work in Texas.