join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More
Search Workipedia:  
« Go Back

Unemployment Benefits in Texas

Texas Unemployment Benefits Can be a Mystery

Applying for unemployment benefits is a bit of a mystery.  Fortunately, Texas Workforce Commission provides a helpful website.  TWC processes all claims for unemployment benefits.  In general, you receive unemployment benefits if you lose a job through no fault of yours.  So, if you have committed some work infraction or ignored attempts to improve your work performance, then you will not receive benefits.  If an employer will claim you have performed poorly, it is important for the employer to document the alleged poor performance.  Many hearing officers will not credit a claim of work infractions or poor performance if the employer cannot document such issues with contemporary written warnings.  Even if the employer can document the alleged poor performance, the employer must be able to prove that the employee had knowledge of the alleged poor performance. 

Even if the employee can pass the alleged poor performance hurdle, s/he must still have wages with TWC payments for the prior two calendar quarters.  And, of course, in order to receive benefits, the employee must attest that s/he is applying for jobs every week.

Many issues in unemployment appeals involve requests for accommodation that were never answered; persons missing work due to illness; or issues regarding higher standards of work that were not communicated to the employee.  In one case, at the hearing, it turned out that the employer did not believe they had fired the employee!  Since it was not clear the employer had actually terminated the employee, the employee lost her appeal and her benefits. 

So, for those of you filing for unemployment or who think you will soon be filing for unemployment benefits, be sure to:

  • Make certain you have actually been terminated;
  • Find out the stated reason for your termination - get the reason(s) in writing as much as possible;
  • Provide evidence to TWC (and to the employer), such as doctor’s notes prior to the hearing;
  • Notify TWC regarding any key witnesses - provide a phone number for the witness to TWC f(and to the employer); and
  • Review the TWC website - the employee and employer info.

Note this TWC page.  It is meant for employers, but much of it applies equally well to employees.  It has good information regarding do’s and don’t's at the hearing itself.

Hearings, these days, are almost always over the phone.  Most hearings do not emphasize the rules of evidence or rules of civil procedure.  So, an applicant for benefits does not necessarily need a lawyer.  But, if you are not sure if you need a lawyer, contact an employment lawyer to at least discuss your case before the hearing.

Lawyer Login: Workipedia • EL Match

Auto-login Show name as online

Forgot your password?I Want To Participate!

Workipedia Navigation

Our Editors:

Most Active Contributors:

How To Contribute


  • Page Views: 0
  • Logged in Attorneys:
  • Total guests:

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Jackson Lewis P.C. | New York | New Guidance for the New York Paid Family Leave Payroll Deduction (March 07, 2018)