Unemployment is the state of not having gainful employment, i.e., a job that comes with a regular paycheck. In Texas, an unemployed person may be entitled to receive benefits from the state, if their unemployed status meets certain requirements. An individual must be unemployed or partially unemployed through no fault of their own. A legal consultation in Texas would help a person understand the Texas unemployment insurance system.
An individual who finds themselves in any of the following situations would qualify to receive unemployment benefits:
- They have been laid off because their employer did not have the volume of business they needed to continue to employ them.
- They are still working but the employer has reduced their hours and not for any disciplinary reason.
- They were fired but not because of any work-related misconduct. Examples of misconduct would be violating company policy or the law, an employee’s neglect or mismanagement of their position, or failure to perform their work in an acceptable manner.
- They quit their job but had a solid, well-documented, work-related or medical reason.
A person who has worked part-time or has had their hours reduced can sometimes collect partial unemployment benefits. It is also important to keep in mind that unemployment insurance law may change from time to time because of general economic conditions.
What Does an Unemployment Lawyer Do in Texas?
Generally speaking, individuals who do not succeed with their unemployment claims do not turn to unemployment lawyers for help. The reason is that they think the economics do not work out. The value of an unemployment claim may not justify the cost of hiring an attorney.
It is important to remember that a person may be disqualified from receiving UI in violation of the legal requirements. In other words, they may be entitled to receive UI, but the Texas Workforce Commission (TWC) may wrongly decide that they are not entitled to receive it. So, an individual who believes that they have been wrongly denied UI wants to hire an attorney to challenge the mistaken decision.
Experts tell us that every year in Texas, thousands of workers are denied UI. There are many reasons but among them are employer disputes, mistakes in applications, or misunderstandings about eligibility and Texas UI law. Whatever the reason, many appeals of these denials succeed, especially if the UI applicant has a lawyer representing them.
An unemployment lawyer can assist an individual with their initial claim for UI. They can help them appeal a denial if their claim is denied. Texas unemployment insurance law can be quite complicated, and it would pay to have an attorney’s guidance in dealing with the Texas unemployment system.
Another way in which an unemployment lawyer may help a person who has lost their employment is in analyzing their case to see if they have the grounds for a lawsuit against their former employer. For example, if the employee had a contract with their employer that specified the reasons for which they could be fired, the employer may have breached the contract and fired the employee in violation of the contract’s terms.
Or, if a person’s job performance was affected by a disability they have, the person may have had a right to a reasonable accommodation. If their employer did not provide one, the person may have a claim for discrimination. They may have been the victim of another type of discrimination. An unemployment lawyer can analyze the facts of a person’s situation and possibly find grounds for other types of claims.
What Types of Services Do Unemployment Law Attorneys Provide in Texas?
A qualified unemployment law attorney can help an individual who has been disqualified from receiving UI in a number of ways as follows:
- Help the individual prepare their application,
- Help the individual close a disqualification,
- Represent the individual in hearings or on appeal of a decision,
- File written answers to allegations made by a former employer,
- Challenge decisions on the grounds that procedural errors were made.
Generally, an individual is likely to improve their chances of winning the UI benefits they deserve if they have the assistance of a qualified attorney.
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What Are Some Common Types of Unemployment Disputes?
In Texas, the Unemployment Insurance (UI) program is funded by employers. It is designed to help workers who are unemployed through no fault of their own. It provides temporary financial support to individuals who qualify, based on their previous earnings from employment, while they are looking for new employment.
Unemployment benefits can be applied for online or by phone call to the TWC Tele-Center that is near where the applicant lives.
The law on UI benefits in Texas is the Texas Unemployment Compensation Act (TUCA).
- The TUCA establishes the requirements for qualifying in 3 main areas:
- An employee’s past wages,
- An employee’s separation from the most recent previous employment,
- The employee’s continuing to be available to work and their job search.
An individual must meet all of the requirements to receive benefits.
Disputes may arise when the following occurs:
- A worker applies for UI and their former employer disputes their right to receive it.
- An individual lost their job because they were fired or forced to resign.
- An individual’s initial claim is denied by the TWC because the individual does not meet the requirements of the law.
- The amount of UI awarded to an individual has been calculated incorrectly.
- An individual is accused of fraud or misrepresentation in making their claim for UI.
Of course, other disputes are also possible. In these instances, an individual may want to hire a Texas lawyer to represent them in challenging the TWC’s decision. An employer is very likely to have a lawyer representing them in any dispute.
How Are Unemployment Disputes Resolved?
The TWC would hold a hearing on the issues if a worker’s UI claim is disputed by an employer. The hearing could be conducted remotely by telephone or in-person. A TWC hearing proceeds much like any other court hearing. Both the applicant and their former employer would offer their testimony under oath. The parties present other evidence as well, e.g., documents, emails, and text messages. Each party may cross-examine the other party’s witnesses.
After hearing the evidence, the hearing officer makes a decision, serving much like a judge does in a court hearing. Having a lawyer representing a person would ensure that their side of the case is presented as clearly and effectively as possible.
If an individual’s claim for UI is denied, they can appeal the decision as follows:
- They have 14 calendar days in which to appeal the TWC’s decision.
- They have a right to appeal at the TWC Level.
- They have a right to make a final appeal to a Texas District Court.
Each level of unemployment benefits denial appeal requires timely, well-structured arguments. Again, an attorney can prepare an appeal and attend the hearings that are involved.
Where Can I Find an Unemployment Law Attorney in Texas?
Unemployment law attorneys can be found across the state of Texas. LegalMatch.com can connect a person to a lawyer who is in their area.
Should I Hire an Unemployment Law Attorney for My Case in Texas?
If you have become unemployed for whatever reason, you want to claim the UI benefits to which you are entitled. A Texas employment lawyer can help your claim succeed. LegalMatch.com can quickly connect you to a lawyer who understands the system, how it works and how your claim can best be presented.
