Sarita Garg's Legal Blog

Whether you are an employer, or an employee, it is important to know what your rights are with respect to either receiving Unemployment Insurance (UI) or paying it out.  There are so many uncertainties surrounding UI in Texas, due to the “at-will” nature of employment in this state, that I thought I would write a bit on the subject.

If you are an employee and are thinking about filing a claim for unemployment insurance, or, taken from a different perspective, if you are an employer and want to know whether you are obligated to pay unemployment insurance, the person filing the claim must meet the following basic criteria:

1) First of all, you need to establish that you have earned enough wages, and that you meet the “base period” requirements laid out by the Texas Workforce Commission.  The TWC “base period” calculation is based on wages earned or time worked during the most recent 12 month period.

2) Secondly, you must show that you are now unemployed due to no fault of your own.  Of course, if you are making such a claim, you should be prepared to show evidence to the Texas Work Commission that you were willing to work, and that you tried to correct whatever the problem was before you quit, or were fired.  For example, if you were laid off, your hours at work were reduced, you were fired for some other reason not related to poor performance, neglect, failing to perform acceptably, or you quit for a valid health-related reason, then you most likely will qualify for UI.

3) Third, you will have to show that you are actively pursuing full-time work, that you are available for such full-time work, that you are applying for acceptable work, and you must keep a record of job interviews/searches for each week that you receive UI benefits.

From the employer perspective, if an ex employee files for UI, and the employer would like to contest the claim filed, he/she does have that option.  Especially, if the employee was genuinely fired due to poor performance, neglect or mismanagement, or lack of performance.  Just as an aside, I think it is absolutely wrong, immoral, etc. to claim UI when you are physically able to work, you are qualified to work, but just don’t want to work because you are lazy…that is not the reason that Unemployment Insurance was created.  You all know who that employee is in your company or office …you know, the one who always comes in late, doesn’t show up to work half the time finding new and interesting excuses each week to avoid coming in, the one who is lippy with their respective supervisors, the one who never shows up for any company parties, events, functions, and the one who doesn’t really seem to care whether he/she gets fired or not.  There are so many hard working people in America, many of whom would give anything to get a job to provide for themselves and their families, but can’t get a job, and are barely making it…that is who UI was created for, and unfortunately, this benefit is being abused by others.

If you are an employer, and you are contesting a claim filed by an ex employee, the employer should be prepared with evidence to establish that the employee was genuinely let go due to poor performance, lack of performance, neglect, etc.  If you work in the state of Texas, or you are an employer in the state of Texas, and are unsure about your rights or obligations with regards to Employment Law, please contact our office, so that a qualified attorney can assist you.