Texas unemployment insurance claims have specific procedures based on state law that determine whether a claimant is eligible for unemployment benefits. To qualify for Texas unemployment benefits, former employees must meet several conditions, such as being separated from service through no fault of their own, actively looking for work, and registering with WorkInTexas.com.
The Texas Workforce Commission (TWC) will request information about former employees' unemployment claims. Texas employers are also responsible for state unemployment insurance taxes and reimbursements. Affiliated HR & Payroll can assist employers in navigating Texas unemployment insurance claims to ensure compliance. Here's what Texas employers need to know about the process and how to respond in line with state unemployment laws.
To be eligible for Texas unemployment benefits, individuals must meet the following conditions:
The TWC evaluates Texas unemployment insurance claims based on these factors and the claimant’s prior taxable wages from Texas employers. The claim is calculated based on the first four of the last five completed calendar quarters before the unemployment claim's effective date. Individuals not employed throughout this base period are ineligible for unemployment benefits, with exceptions for pregnancy, disability, injury, or medically verified illness lasting at least seven weeks.
Layoffs and involuntary reductions in work hours typically make individuals eligible for Texas unemployment benefits. Employees who quit for good cause, such as unsafe working conditions, illness, or caring for a sick child, may also be eligible. However, there are exceptions where individuals may not qualify for benefits. If an employee is terminated due to misconduct or after documented instances of poor performance with an opportunity for resolution provided by the employer, they may not be eligible for unemployment benefits. Additionally, personal reasons like job dissatisfaction or lack of reliable transportation do not qualify.
Texas employers can manage unemployment claims through the TWC’s Employer Benefit Services (EBS) online portal, where they can handle claims, appeals, and submit necessary information. In the event of mass layoffs, a separate portal is available for filing mass claims.
Employers must respond to unemployment claims and TWC requests for information regarding work separation within 14 days. Failure to respond can result in a maximum chargeback of your share of benefits. However, certain conditions can protect employers from chargebacks if they respond within 30 days and prove the work separation falls under protected actions. Common reasons include:
When responding to Texas unemployment claims, employers must include the following:
To streamline the unemployment claims process and reduce potential liability, Texas employers should implement the following best practices:
If the TWC rules in favor of the former employee, employers have 14 days from receiving the notice to respond and reserve the right to appeal. Employers who fail to respond within this period lose the right to appeal the decision.
The appeals process has three levels and is designed to be accessible without legal counsel, although consulting an attorney may be helpful. Employers can submit appeals by fax or online through the TWC portal (TWC does not accept appeals via phone, in-person, or email).
When appealing a claim, include all relevant documentation that proves the employee was ineligible for benefits—such as proof of policy violations, legal infractions, or misconduct.
Navigating unemployment claims in Texas is an inevitable part of managing a business. With the right preparation and professional assistance, employers can avoid significant liabilities. Affiliated HR & Payroll is here to help you manage unemployment insurance claims and ensure compliance with Texas employment laws.
Need help managing unemployment claims? Contact Affiliated HR & Payroll today for expert assistance with compliance and employer solutions.
The information provided in this blog is for educational purposes only and does not constitute legal advice. Employers should seek the assistance of a qualified attorney for specific legal matters related to unemployment insurance claims and compliance.