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Texas Unemployment Eligibility

Non monetary eligibility

  • Claimant must be unemployed
  • Claimant must have lost his/her job due to no mistake of their own
  • He/she must be available and willing to do full time work
  • Reason for job separation must not be gross misconduct or other disciplinary issues
  • If the claimant quit the job voluntarily, it must be on strict medical grounds or other well documented reasons

Monetary eligibility

  • Claimant must have earned wages in no less than 2 out of 4 calendar quarters
  • Total base period wages must be at least 37 times your weekly benefit rate
  • Claimant must have earned at least 6 times the new WBR since the time he/she qualified on a previous claim

If you were unemployed for an extended time during the base period because of a medically provable illness, injury, disability, or pregnancy, you may be able to use an alternate base period. If you meet the requirements, TWC (Texas Workforce Commission) could use wages you earned prior to your illness or injury. In case you meet the criteria under both a regular and an alternate base period, you decide which base period to use.

Eligibility Questions

Can I collect unemployment if I am fired?

You can obtain unemployment benefits if you were fired without work-related misconduct.

Examples of misconduct are:

  • violation of company policy
  • violation of law
  • neglect or mismanagement of your position
  • failure to perform your work acceptably if you are capable of doing so

Upon getting fired, the ex-employee can file for unemployment benefits. Whether he gets it depends upon the situations of the firing. If the unemployment board grants unemployment, the employer has the right to appeal the decision and to show evidence why the unemployment benefits are not warranted.

In Texas, if an employee is fired due to misconduct, the employer will need to show documentation to support his case at an unemployment hearing.

Can I draw unemployment benefits if I quit?

You can collect unemployment benefits if you quit your job for a good well-documented work-related or medical reason. You should be ready to present proof that you tried to correct the problem before you quit.

TWC (Texas Workforce Commission) may rule good cause if the work situation would cause a person who truly wants to keep the job to leave it.

Examples of possible good cause are:

  • Unsafe working conditions
  • Significant change in hiring agreement
  • not receiving payment for your work

Examples of medical reasons are

  1. Quitting on your doctor’s advice, or
  2. Quitting to provide care for a minor child who has a medically verifiable illness if there is no alternative care provider, or
  3. Quitting to provide care for a terminally ill spouse if there is no alternative care provider.

You can also collect unemployment benefits if:

You quit to protect yourself from family violence or stalking, evidenced by an active or recently issued protective order, a police record documenting family violence or stalking directed against you, or medical documentation of family violence against you.

In addition:

If you quit to move with your husband or wife, you may be able to receive benefits after a disqualification of 6 to 25 weeks. This is a disqualification of both time and money, because the unemployment office must subtract the number of weeks from your total benefits.

If you quit to move with your military spouse, Texas lets you collect benefits without a disqualification if your spouse has a permanent change of station longer than 120 days, or a tour of duty longer than one year.

Can I obtain benefits if I am laid off?

Texas entitles you for unemployment benefits if you are laid off due to lack of work.

When you get laid off, it is not your fault. In almost all cases, this means that if you get laid-off, you are qualified to obtain unemployment benefits.

You should immediately apply for unemployment benefits if you get laid off. Getting laid off simply means that you left job through no fault of your own and the company did not have enough work for you and could no longer pay for the job.

More Questions?? —> Read Q & A Eligibility Section

Want to know about how much you will receive?? —–> Calculate Benefits


Questions & Answers

  1. Shannon says:

    I was informed six weeks ago that my company was losing management of several properties including the two properties I manage on October 26, 2015. The property managers (including myself) were informed that another management company would be taking over these properties on 10/26/15 and that our company would try to place the managers in other manager positions or if unable to place us, we would be laid off. I was offered a positon with the new company but did not want to take due to loss of benefits and because managers who went with the other company last year where let go after they signed on. I am now being told that my company will contest the unemployment because I decided to not sign on with the new company even though previously they said I would qualify for unemployment and I am being laid off. Would I still qualify to recive unemployment? I do not get laid off until Monday.

    • Martin says:

      This may be considered as voluntary exit. However, if you have supporting documents handy that speak otherwise, please consider applying.

      You can always appeal in case your employer contests your claim.

  2. Debbie says:

    It is looking like my husband will get laid off soon. He is 65 yrs. old. Does he have to apply for Social Security Benefits or can He get unemployment and look for a new job. He has been with the company for 40 years. Thank you.

    • Martin says:

      He should be eligible to receive unemployment benefits as long as he continues to look for jobs.

      Please consider applying for it.

  3. Gianni says:

    My job is relocating and they offered a severance and unemployment for employees who chose not to go to the new location.. We had to vote months earlier and given 24 hours for those chosen to go to decide yes or no.. This was 3 months ago. Since then they dropped my 5% incentive pay for working after 9 in addition I would be driving approx 1 hr 27 mins each way to work and forced to pay tolls to shorten the distance to 1 hr and 5 to 10 mins..I informed the director and she said its too late to get the severance package.. Am i still eligible to receive unemployment If I quit? And what is the best way to go about this?

    • Jeff says:

      If you quit voluntarily, you will not qualify for unemployment insurance.

      Try to work out a balanced deal with your employer.

  4. ann says:

    i was denied unemployment because i quit for personal reason…i quit because my abuser found me. will i be able to receive benefits

  5. Kim says:

    I lost my job Feb 23, I started receiving unemployment in March. My unemployment runs out June 30th. I find it crazy that I can only get 6 months of unemployment after working 28 years, when others were able to get years. I’ve been looking for a job willing to accept whatever but get the feeling I’m over qualified. Is there nothing I can do to get an extension.

  6. ricki mckenna says:

    Should I appeal the decision after my unemployment benefits were denied at a phone hearing after initially being granted. Thank you. I was TOLD to leave 6 days before I was returning to Houston (from Colorado) voluntarily for family reasons (93 yr old mother needs care). I was also demoted with a salary cut, 2 months prior to my leaving. I had been injured lifting large heavy boxes and water-containing packages. I was hired as a nutritional professional, (am certified and licensed) and told to do bagging after I went to the workman’s comp doctor and was refused therapy.

  7. Raymond JOHNSON says:

    I was employed by a temp service in June 2013 and was injuried on the job in August 2013. I received workers comp until March 2014 when it was terminated yet was was sent and approved for physical theropy even tho they determined I am physically able to return to work. Can I file for unemployment due to not being able to find a job and the temp service is not proving me a job at this time?

  8. richard says:

    have a job worked 5 years there. got sick with heart failure, job said I can return only if doc gives 100% ok no light work. put on short term disability ran out.

    • Adrian says:

      Why dont you speak to your employer to see if they have a job that suits your condition.

      If you are inquiring about applying for UI benefits, your eligibility may be a question as you are temporarily not able to work.

  9. Sandra Escobedo says:

    Am I eligible if I receive a severance check?

  10. Kay says:

    I work for a school district. If my contract is not renewed because of a poor evaluation, am I eligible for unemployment benefits?

  11. Cindy says:

    I quit my job and have applied for unemployment benefits. My employer is NOT contesting these benefits. Will I receive them or is it still up to the State of Texas to decide?

  12. Cathy Nierman says:

    I worked part time May through July 2013 and then obtained a full time position July 29th through December 2013 before being laid off due to lack of work. Do I qualify for unemployment benefits?

    • Adrian says:

      I assume that you’ve not worked before your last job assignment where you were laid off.If that is the case, your claim may not be eligible as they usually consider four of the last 5 calender quarters. Please speak to a representative from the Labor dept in Texas for clarification on this.

  13. Michelle says:

    I have moved to Texas from Mississippi. I am a school teacher and haven’t been able to find a job. We are military moved because we’re retiring. Am I eligible for unemployment?

    • Adrian says:

      If you were employed immediately before this,please consider applying for UI. You should be looking at applying from Texas or the state of last employment.

  14. Don says:

    I recently lost my job at no fault of my own. I came from Maryland for a job in Houston TX. I worked there for 8 months. I was unemployed for 3 months in Maryland before coming here. Am I eligible for unemployment?

    • Adrian says:

      The “base period” and “monetary” eligibility factors must be met to receive UI benefits. I suggest that you go ahead and file for UI online.

  15. matt says:

    My father in law was let go at his company. He is 72 and receives Social Security how is this money considered in applying for unemployment. Is this considered earned income and does he have to report it for unemployment purposes?

    • Adrian says:

      He has to declare the social security benefits he is receiving at the time of filing for unemployment.Some states do not see a conflict between deriving others benefits whilst applying for UI.
      If you’re filing,please let the officials know about the social security.

  16. Cathy Nierman says:

    I will have worked full time from July 29th, 2013 to Jan 3rd, 2014. Getting layed off due to lack of work. Is that long enough to meet the criteria for unemployment in TX?

  17. mary adame says:

    status change from full time to part time-can I apply for unemployment

  18. mary adame says:

    my position was eliminated to I am offered a part time job instead with no benefits–can I apply for unemployment being that I was a full time employee with an excellent record?

  19. Adrianne Warmick says:

    laid off due to federal negotiations…may be off until November. am I eligible for unemployment benefits.

  20. calvin hammond says:

    My company has had a slow down in work available for me. So far i have not had any work the last 3 work days. Am I eligable for any type of unemployment due to a lack of work? I have not been officially laid off but have been told to call the office everyday to see if there is any work for me.I normally work 80 hours per pay period….last pay period i only worked 52 hours. So far this period i have no hours.

  21. Tiambe' says:

    Am I eligible if I have to quit my job due to being a full time student? I am a nursing student and I will not be able to continue to work full time.

  22. david worek says:

    If I get fired for violation of company policy, can I still receive benefits after a certain waiting period?

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