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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. veronica says:

    Can I apply for unemployment if my hours were cut from full time to part time?

  2. Kenzie says:

    I work in Texas, and am currently going through some severe health issues, and have notes that prove I’ve been out of work for at least three weeks.

    I started back Monday of this week, and am back at the doctors office, with a note not to return for two weeks. I have tests scheduled, and have follow ups. If I quit my job, will I be eligible for UI benefits?

    • Sam says:

      You will not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

  3. Sunny says:

    If i quit due to my doctor’s advice to not work will i be eligible to receive unemployment?

    • Sam says:

      You may not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

  4. ms. mtz says:

    if i filed for unemployment DEC 5 2016 but was not to get benefits because i did not earn enough during my base peroid.. but as of Jan 1 2017 my base peroid starts and my earnings kick in >>>>>>

    should i apply again or continue to request payment every 2 weeks

  5. Stacia P says:

    I currently work in Texas and my son lives in Minnesota. I want to move to MN in order to be with him as I miss him very much and don’t want to miss out on any more of his childhood. Would I be eligible for benefits if I quit for this reason? Thank you.

    • Martin says:

      You will not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

  6. AL Will says:

    I’m in a bad situation. I don’t get paid enough to buy a car and am taking care of my mother who was diagnosed with cancer and lost her home. My job is about to move to a location too far away for me to walk to and from anymore and I don’t want to wait until I get fired but will need unemployment because it’s hard for me to find a job with the specific skill set I have and no vehicle.

    Would I qualify for unemployment if I quit my job because I don’t want to wait until I have to be fired because I no longer have a way to work and back? This considering I’m constantly having to also take off work to tend to my mothers needs. Please advise.

    • Martin says:

      Unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

      Please call the Unemployment Office to ascertain eligibility.

  7. Jay Robers says:

    I had to stop working in November of 2015 to have replacement knee surgery.
    The replacement did not go well and is scheduled for another replacement in January 2017.
    I have not been able to work since my job involves climbing ladders.
    Can I file for unemployment if I haven’t worked all year?

  8. Stan says:

    If I just sworned in and signed a contract for the military, and resigned from my job to prepare training within that month before shipping out, can I collect unemployment for that month since I had to resign to train with my recruiter throughout the week to prepare for bootcamp and training?

    • Martin says:

      If you left voluntarily, I am not sure if you’re eligible.

      Please call the Unemployment Office in your state for further details.

  9. Rachel says:

    Can I collect unemployement if I was self-employed?

    • Martin says:

      UI benefits are only offered to those who pay Unemployment Taxes through the employer to the government. Since self-employed do not generally do so, they are not eligible.

      You may call the Unemployment Office in your state for further details.

  10. Nelson says:

    I am currently working overseas as a DOD employee and will be returning stateside with my husband due to PCS moving. How will I go about filing unemployment.

    • Martin says:

      Please check with the Unemployment Office in the state you’ll come back to since each state has its own rules in this regard.

  11. Edwardo says:

    If I tell my employer that I am going to apply for a professional license. Because it requires their signature for proof/length of employment under their license. Then this employer tells me I’m fired. Does this qualify for unemployment benefits?

  12. Evette Jones says:

    I still work for my same company and my wages and hours has been cut, Can I still apply for unemployment

  13. Randy Fuller says:

    I have worked for a company for 12-years from my house. They are telling me that starting in January that my position is being eliminated and I have been offered a position in the office. I live 2-hours from the office and will have to take a sufficient pay cut. Will I be eligible for unemployment if I do not take the new job offer?

    • Martin says:

      Well, not accepting the offer may go against you when you claim UI benefits from the state.

      Before making a decision, please call the Unemployment Office.

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