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Texas Unemployment Eligibility

Texas Unemployment Eligibility

For residents of Texas out of work, unemployment compensation can help get them by until they’re on their feet again. But there are certain requirements that must be met in order to collect unemployment benefits in Texas.

Texas Unemployment Eligibility Calculator

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3 Eligibility Requirements for Texas Unemployment Compensation

  • Past Wages
  • Job Separation
  • Ongoing Eligibility Requirements

Past Wages

Monetary Requirements

Your past wages will determine your Weekly Benefit Amount (WBA), which will be anywhere between $72 and $563. To find the exact dollar amount that a potential benefits claimant will be receiving, the Texas Workforce Commission will take their highest earning quarter in the base year (more on that later) and divide the total gross wages for the quarter by 25.

Maximum Benefit Amounts

In order to know the maximum amount of benefits you can collect, you’ll need to first look at a Texas Unemployment Calculator and see how much you’re going to collect per week. The maximum benefit amount (MBA) that you can collect in total is 26 times that number, or 27% of your quarterly wages in your highest earning quarter in the base year—whichever is less. This maximum amount applies to a 52 week year beginning the Sunday you started collecting benefits. As of 2022, the minimum amount of benefits one will collect per week is $72 and the absolute maximum amount is $563.

Texas Unemployment Base Period

Standard Base Period

The base period is important for determining your WBA (weekly benefit amount). It comprises the first four calendar quarters of the last five complete quarters before you filed for unemployment. The effective date for this calculation is not the actual day you apply, but the Sunday of that week.

This leads to some additional requirements:

  • You must have collected wages in at least one of those quarters
  • You must have earned at least 37 times your weekly benefit amount during the entire base period
  • If you previously collected unemployment, you must have earned at least six times your new WBA

Texas Unemployment Alternate Base Period

The above is the standard base period. The state includes another type of base period known as the alternate base period. This type of base period will be considered if you are out of work for a longer duration due to injury, pregnancy, or other medical illnesses.

If you were out of work for seven weeks or more because of an injury, disability, illness, or pregnancy, you can use something called an alternate base period. The alternate base period will allow the TWC to look at wages paid before your forced medical leave, as long as you file your initial claim no more than 24 weeks after the condition started or your pregnancy began. You will need this all to be verified by a medical professional such as a doctor.

Alternate Base Period

Note – The TWC does not use the quarter in which you apply for benefits or the quarter before that. Instead, it will use the 1-year period before the two quarters. Also, the effective date will be the Sunday of the week in which you file the claim.


Job Separation

To be eligible for Texas unemployment, you also need to be out of work or have your hours reduced through no fault of your own. That excludes situations where you were fired or had your hours cut back because of gross negligence or willful misconduct.

Types of Job Separation

Laid off

Employers engage in layoffs when there is a lack of work or money, not through any fault of the employees. That said, a layoff will make you eligible for benefits.

Working Reduced Hours

A lack of work or money might also lead an employer to reduce your hours. As long as it was not initiated by your request or part of a disciplinary action, this can qualify you for benefits.


If you were terminated from your job completely, you can collect benefits. This includes a demand for your resignation. However, if you violated company policy, broke the law, neglected your duties, mismanaged your position, or failed to perform your work despite your capability of doing so, you may be denied benefits.

Examples of misconduct include:

  • Mismanagement of your position
  • Violation of law or company policy
  • Failure to perform your duties adequately


If you quit your job for personal reasons like you just didn’t like the job or you couldn’t find childcare, you cannot collect unemployment. However, if you quit because of reasons like…unsafe working conditions, sexual harassment, withheld payment, and material changes to your job description, you can collect unemployment.

You can also collect if you quit for personal reasons that are beyond your control, such as the need to care for a sick dependent (child or spouse), you got injured or sick, or sexual assault, you can also collect unemployment. You can also collect if you have to quit your job to move with your military spouse, or if you begin Commission-Approved Training and your job is no longer considered suitable for you.

Labor Dispute

You may be able to collect unemployment if you were part of a labor dispute. Your best bet here is to quickly consult with a labor lawyer.

If you meet all the state-defined eligibility requirements, you may qualify for UI benefits in Texas. The TWC will mail a statement after four weeks of your application that includes details about your potential benefits (Weekly Benefit Amount or WBA and Maximum Benefit Amount or MBA).

Ongoing Eligibility Requirements

To maintain eligibility for unemployment benefits in Texas, there are some additional ongoing requirements:

  • Be able and willing to work full time
  • Look for work and participate in work search activities (unless given an exemption)
  • File your biweekly claim

Remember that while collecting unemployment insurance benefits, you need to be looking for work. This job search requirement means registering on the WorkInTexas website. You must be willing and able to work full time. As a side note, if you are not able to work because of a condition or illness that prevents you from holding gainful employment, you should look at collecting Social Security Disability Insurance. And if this condition or illness occurred because of your last job, you should explore workers’ compensation insurance.

Texas Workforce Solutions has a number of locations around the state where those collecting unemployment assistance can get help finding suitable work. These workforce solutions office locations where those collecting UI benefits can get one-on-one help creating a resume and applying for jobs, or locating good sources of vocational rehabilitation.

In most counties, you will need to apply for three jobs each week, but exceptions include some that only require one, and others that require as many as five applications. You will need to keep records of your job search activities, because the TWC may request these records any time during the time period in which you’re collecting unemployment.

If you are temporarily laid off with a promise from your employer of future employment, are part of a union with a hiring hall (and you’re in good standing), or engaged in a TWC-approved training program, you do not have to conduct a job search while collecting Texas unemployment benefits.

Your previous job experience, training, and qualifications will inform what type of job is suitable for you to apply to. Jobs should have similar pay and working conditions to the jobs you have previously held. You do not have to apply for jobs that are far away from home, that is, outside normal commuting patterns of behavior.

You do not have to apply to any jobs that compromise your health, safety, or morality. In terms of pay, during the first 8 weeks that you collect unemployment, you must accept suitable work that pays 90% or more of your previous salary. After that, the Texas Labor Code states you must accept work paying 75% of your previous salary.

Temporary unemployment benefits are meant to be just that…temporary. If the TWC determines you are not putting in effort toward an honest job search—for example, applying for jobs you aren’t qualified for or turning down jobs that are comparable to your previous work—you could lose your Texas unemployment benefits.

Another ongoing eligibility requirement in Texas is to file your unemployment claims on time every two weeks, either online or by phone. If you miss filing an unemployment claim for that time period, your unemployment insurance may be delayed or denied for those two weeks.

If your unemployment benefits are exhausted and you still have not found work, contact Texas Workforce Solutions about job training and reemployment options.

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.

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


  1. Hello,
    I have depression, anxiety, panic attacks, add, sleep issues. It’s hard for me concentrate or get motivated to do my job. When I am on the phone and customer ask questions it’s hard for me to think. I know the answer but not at that time I draw a blank. I wonder if I could get unemployment and work on myself then go back to this kind of job that I am in. With current situation it’s hard for me at work but doesn’t mean it will be that way forever. I just got get everything under control so I can do my any job.

    • Hi, Mac – you’re more than welcome to apply for unemployment insurance benefits, but based on what you’ve described, it seems it would be difficult for you to be approved. The foundation of unemployment insurance is that you become unemployed because of something the employer does – initiates a layoff, creates a toxic work environment, etc. If you voluntarily quit a position, it may be much more difficult for your claim to be approved. You may want to talk with an unemployment attorney about the specifics of your case. And if your employment issues stem from medical issues, disability benefits may be a better option. A qualified attorney can talk about the specifics of your situation and help you choose the best option.

  2. Hi question ? My brother recently hurt himself outside of work he broke 4 toes & has been out of work since may 12 with no compensation he was told by someone why hasn’t he filed for unemployment he didn’t know he could get it. my question is could he get unemployment if he’s out on a leave of absence from his work with no pay ? He’s been out of work since may 12,2023

    • Hi, Samantha – it’s probably best that you connect with someone in the Texas unemployment office directly. Or better yet, for your brother to talk directly with someone about the specifics of his situation. In most cases, unemployment insurance is designed to help employees when they are without employment based on an action their employer has taken – like a layoff, reduction in force, etc. Leaves of absence associated with non-work-related injuries typically are a better fit for disability insurance. It seems unlikely that he’d be eligible for unemployment benefits in this situation, but someone with the Texas unemployment office would be able to tell you with more certainty.

  3. I am having severe pain and other issues caused by my fibromyalgia along with severe back pain due to my bone deterioration of the spine and SI joints. It is miserable for me to sit all day and type on the computer. Would I be eligible for unemployment if I quit my job due to medical reasons? I have worked consistently for over 15 years and my doctors have told me I should not be working.

  4. Over the last several months my employer has come in at yelled at me & picked fights over petty things. After weekly incidents for about 2 months, the tension has been apparent. The last few weeks I have been short with my answers when spoke to. I haven’t really ingaged in small talk because everytime I let my guard down over those 2 months that’s when the petty fights have been instigated. Today I was given an ultimatum to come back to work on Tuesday with a better attitude or come in with my notice. This ultimatum doesn’t sit well with me. I am still doing my job by taking care of our customers & my coworker & I get along as long as he’s not in the office. The moment he shows up, we both shut down & don’t have small talk between the 2 of us. I told them if they wanted me to leave to let me go. I was threatened with write ups moving forward. Does this qualify as a hostile environment?

    • Hi, Sally – it’s hard to say whether your situation constitutes a hostile environment without further detail. You may want to engage with a qualified unemployment attorney, who can help you assess your claim of a hostile work environment. According to the law in Texas, a hostile work environment is one in which unwelcome comments or conduct from the employer are sufficiently severe or pervasive to unreasonably hinder your ability to perform work functions. That is what you’ll need to show. In the meantime, make sure you are documenting interactions carefully so that you have a complete and accurate record.

  5. Hello, I recently had a job change at my company from tech support to retention. It’s a much stressful sales driven job and I don’t like it. They also completely changed our hours from overnight to midday which is just not an option for me right now with my family so it can get hard to juggle. It’s hard trying to find a job that pays as much because I’ve been here for quite some time. If I were to quit or get fired because I have to call out a lot to tend to my family, could I get unemployment?

    • Kay,

      I can understand your situation. However, UI benefits are only offered to claimants who lose their employment due to involuntary reasons.

  6. I have to move back to North Carolina to take care of my daughter due to a severe unwork related injury that has left her mother with a debilitating form of arthritis which makes her depression and anxiety even worse. She still works at her job but can’t work her full 40hrs like she did…so she took a position making way less and she cut her hours in half due to the trauma. Of course with her being in this position she cannot care for our daughter as she has been doing. She cannot operate a vehicle at the moment… And now can’t pay for after school child care, rent, food , car payment etc… She has asked me to move down there to help out with the situation that she’s in and being since it involves my daughter the right thing to do would be quit my job and move back down there because I don’t want anything to happen to them. I don’t want to quit my job but there are no other stores in North Carolina to transfer to… Would this be considered an unemployment situation if I have to give two weeks notice so I can move and take care of my kid because no one else can?

    • Evan,

      Unfortunately, personal reasons are generally not considered. UI benefits are only offered to claimants who lose employment (or separation) due to no fault of theirs.

  7. My father has been in the hospital for 2 1/2 months with COVID and was recently moved to inpatient rehab for 2-3 weeks. Due to the physical and mental after affects from COVID his physicians have all stated he will need 24/7 assistance and cannot live alone. I have been granted by the courts guardianship and conservatorship as well as full Power of Attorney for my father. His mental capacity is now severely damaged due to the virus to the point he cant perform activities of daily living without assistance including walking, eating, bathing and driving and this will likely be his new baseline. If I have to resign from my job to be his full time care provider and have met the work history and income eligibility requirements will I be eligible for unemployment? I’ve been in the workforce since 1976 and have never applied for unemployment.

  8. My employer is forcing me to submit a resignation or be terminated due to performance issues, however, offered to approve a claim for unemployment benefits. Everything I read states I would not be eligible for benefits in Texas.

    • For clarification, I meant, If I choose to resign as opposed to termination, the employer agreed to approve an unemployment claim. Is that possible and if so, do I need to get that in writing?

  9. Ive been out of work since July4. Ive lost my home and I am donating plasma and recycling metals . I dont make enough to stay in a hotel everyday so I’m sleeping in my truck on the days I cant afford it. My boss died on July 2 from cancer in the brain. And my father -in-law died one week and one day after that. July 8. which I lived with him for a year and a half . The house was returned July 31. All of my belongings were stolen because I had nowhere to store them. I was counting on a stimulus package which i never got. I made the mistake of letting my ex-wife help me fill out the application in which it was either rejected or stolen. I believe the user name and the pass word has been changed because it has locked me out. Am I eligible for unemployment for July and can I still receive a stimulus check?

  10. If I was trying to open a online business in January but now can not get the goods I needed does that quality?

  11. I work in a healthcare in which I am constantly put in the position of being physically attacked; hit, kicked, punched, things thrown, bit, etc. I just found out I am pregnant. If I quit, based on doctors recommendation, and I eligible for unemployment?

  12. Hello, I worked in Texas last year and got laid off but now i live in California, so can i still file for unemployment? It’s been over a year already.

  13. My hours are never consistent, im on the clock for 2 hours then they tell me to go on break and i wait a couple hours most days to get back on 2 hours at a time. Will I have a good reason to still receive unemployment

  14. I’m asking this question for my father. He worked for an oilfield company for 13 years and they told him today he has 24 hrs to decide if he is willing to drive to another state to work or he has to quit. He currently resides in Texas and his branch is shutting down. The other branch for work is in Louisiana which is an hour and forty five minute drive away. I believe they’re wanting all the employees to quit so that they don’t get any unemployment but i am wondering if he would be able to receive unemployment because of this issue. I told him to tell his employer that he is not voluntarily quitting. That they would have to fire him. I’m looking for any advice if possible

  15. I have been laid off due to the Corona virus since my company was unable to continue with a full staff due to the slow down in business. The company encouraged me to apply for unemployment, provided documentation that the layoff was due to CV, and wants to hire me back when/if everything turns around.
    Much to my surprise when I applied for UI benefits online, I was turned down as I did not have quite enough (less than $200) credits for the “base period.” The reason I don’t have enough credits is that my spouse was seriously ill (have hospital bills as proof) in the weeks leading up to my taking this last job and I acted as his caretaker during that time.
    Is that an valid reason for the TWC to allow me to use an alternative base period in order to pay benefits? Thanks for your reply.

      • I work for a company and I have documentation showing that bogus write up and then I got over heated and now my company is giving for me can I collect if I leave before I’m terminated

    • Leo,

      It looks like you’re on contract. UI benefits are offered to claimants who are on payrolls on the employer. Please call the Unemployment Office for more.

  16. If one works for one company for 10 months, after working there 10 years and gets laid off, then gets another job and works there for 2 months, and then gets laid off while working for the second company, will that affect unemployment benefits in Texas?

    • Mark,

      As long as the separation from the job is involuntary, it should not matter. Please call the Unemployment Office for clarification.

      • I was diagnosed with depression. My job doesn’t help at all!! My doctor gave me a written notice/document referring me to resign and look for another job. Since it was medically referred to resign and find something new, would I be eligible to receive unemployment in the mean time? I’m in Texas.

        • Billy,

          You might qualify provided your application meets all other criteria. Please speak the the Unemployment Office before making a decision.

  17. So the hotel I work at has recently been bought by another company and the new company offers no benefits. We have benefits now with old company but if I quit over health benefits can I claim unemployment? They are also cutting people’s pay as well. Ive been with the hotel for 3 years and was due a raise and more vacation days as well.

    • Gregory,

      I can understand the ordeal. Before making a decision, please call the Unemployment Office for clarification if you qualify under such circumstances.

  18. Nephew worked at company in Texas for 16 years. Had to have surgery out on medical leave for 6 months under doctor’s care. Week before release he was fired. Was told he did not qualify for unemployment because he was still under doctor’s care when fired.

    • I followed the same call-in procedure as I do when I call-in sick but told my boss it was due to a “personal day” needed. 2 days later I voluntarily told my boss my “personal day” was bc I found out I was pregnant & in addition to needing to make dr appts I wasn’t in the right state of mind to go to work & focus. My boss asked me if I was “mad about it” & did not seem enthusiastic about me being pregnant nor did he say congratulations. My boss said he needed to speak with me about that day I called in & I said I was able to speak right there & then. My boss said he was busy. Hours later he presented me with a backdated WRITE-UP that did not have a place for me to sign or acknowledge the actual date I received the WRITE-UP. I asked my boss why he was writing me up if I followed the same procedure as when I’m sick & he said bc I did not tell him the reason. I told him i said “personal day” bc it was personal at the time and reminded him that just hours before the WRITE-UP that I voluntarily told him the reason for my “personal day” was due to my pregnancy & he stuck to his guns that the counseling was backdated. I did not feel comfortable with his response to me telling him I was pregnant nor did I feel comfortable that the place where I sign & date the WRITE-UP was removed so I decided to resign. Would I be eligible for unemployment?

    • Teresa,

      Unemployment Insurance benefits are only extended to claimants who lose their employment due to involuntary reasons. If the medical condition was work-related, your nephew can claim benefits under Workers Compensation.

      • I was off work for three weeks due to covid 19 exposure and health risk as I am immunocompromised. I have been cleared and returned back to work for two weeks and am showing symptoms again; fever, cough, body aches. If my doctor takes me off work again, will I qualify for benefits?

  19. would I qualify for unemployment if I quit my job due to the fact my boss is always making rude and sarcastic remarks, negative which causes everybody stress and puts them all in a bad mood, she writes down our tips for us to pay our taxes on them but she herself does not document hers because she says she already has to pay taxes on the money the bar makes therefore she puts she made 0 when I’m favt she made just as much as everybody else, we have to tip pool, we have to slice meat with a broken meat slicer which is extremely dangerous cause it’s a spinning razor sharp wheel and the handle is broke and the button doesn’t stay on so we have to hold the button in with one hand while sliding the meat over the blade hoping to not lose a finger or two, if we work too many hours she says she doesn’t but have the funds cause money’s tight and we can trade for food, a meal, she won’t hire anybody and we are short staff to the extreme, some days there is only 2 people for an entire bar and grill and it’s so difficult and stressful that I have even broke down and started crying for being overwhelmed, she has even sit in the middle of the dining room and gotten a massage from a customer, hollers at us in front of customers and talks about us to customers, anywaysbthe list goes on and on. Just wondering would I qualify for quoting? Thanks

    • Donnie,

      You can be eligible to resign and claim for a hostile working environment. Please contact the Unemployment Office for clarification.

  20. I was a no call no show due to mental health crisis and I was fired. I finally received help and was diagnosed bipolar I severe depressed and received medication and have been stabilized and can now return to the workforce. Will I qualify for unemployment benefits?

    • Patricia,

      Unfortunately, personal reasons such as health conditions are not considered. You may not qualify under these circumstances. Please call the Unemployment Office for clarification.

  21. So basically, an employer can go so far as to fabricate a performance issue or accusation and it will be deemed fact no matter what. Is that essentially correct?

    • Mike,

      Not necessarily. The adjudication process takes into account, facts, documentation, and proof of both parties (Claimant and Employer).

  22. I’ve been with a company for a little over a year that has a very small management team. The management team is a clique of close friends so employee concerns aren’t fixed. I expressed a few concerns I had with management and things didn’t change and was treated differently after I spoke up. I ended up walking out 4 months later due to not being able to tolerate the negative, stressful and hostile environment. Am I still eligible for unemployment benefits?

    • Chanel,

      If you’re able to prove the “hostility” with documentary evidence, you should have no issues if your employer decides to dispute.

  23. I was fired and filed for unemployment and was denied because of excessive tardiness, the interviewer did not discuss past tardys and I was tardy that day due to babysitting issues wat can I do was that disicion justified?

    • Cierra,

      Unemployment Insurance benefits are only extended to claimants who lose their job due to involuntary reasons such as “Layoff”. Performance issues are not considered valid.

  24. My dad is going thru a back surgery and he needs someone to take care of him. I want to quit my job because I need to help my dad with his recovery and to support him thru the operation. Can I still claim unemployment?

    • David,

      Unfortunately, personal commitments are not taken into account. You will not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

  25. I put in a two weeks notice on 08/19 making my last day 08/31 because I didn’t have child care, my employer decided to change my schedule so that I could work and have child care for my kids. Two weeks later on 09/15 I was told “I have decided to accept your two weeks notice making your last day today” (09/15). Did I quit or was I fired, can I file for benefits?

  26. my father passed away in july 2018, due to cancer, now my mother has the same cancer and I am about to relocate from VA to TX. I will be quitting my wonderful job of 14 years to take care of her while I search for a full time job in TX. am I eligible for unemployment in TX?

    • Tony,

      We’re sorry to hear about the loss. I hope things get better soon. With regard to Unemployment Insurance, please call the Unemployment Office to determine eligibility since benefits are only extended to claimants who lose their job due to involuntary reasons.

  27. The job I am working at now is stressful and causes me anxiety. I have tried applying for disability and did see one of the disability doctor’s for my depression and anxiety and she advised I look for another job because where I’m currently at it’s not good for my health and the depression and anxiety. I have also just found out my red blood cell count are low and I haven’t been feeling well for it. I am suppose to get them rechecked in a month. If I leave my job due to the depression and anxiety, would I be approved for unemployment?

    • Caroline,

      If the current health condition is a result of hostile/dangerous working conditions, you can be eligible. Please speak to the Unemployment Office for clarification.

  28. I was terminated 6-2017 & the Texas Workforce Commission paid me off of the year 2016 calendar year. My benefits ran out 1-1-2018 & I am up for renewal as of today. Can I file a claim against the same company for lag wages?

    • Chris,

      Unemployment Insurance benefits are not revolving in nature. It can only be claimed for once. Plese, call the Unemployment Office for clarification.

  29. I live in Texas originally my job put my position up. For advertisement they told me. That I need to give my notice I said I wasn’t going to give my notice. I went to the doctor they put me on light duty. I turned in my note to my hr mgr effectively immediately they told me. Not to return to work then a couple of days later. I was told to turn in my keys in effectively immediately. I filed for unemployment do you think I qualify I’m pregnant but able to work.

    • Daphane,

      You should be able to claim on the basis of the involuntary separation you’ve had from your employer. Please consider applying until you find employment.

  30. My hours have been reduced to anything from 10 to 24 for about a year now. Can I ask for unemployment while working I have worked there for 4 years now.

    • Martie,

      If you assigned to work full-time but the hours got reduced, you can be eligible to claim partial UI benefits.

  31. My relative was demoted without warning or write up. If she quits the company entirely, will she be eligible for unemployment?

  32. I was promoted to a position that allowed me to make adjustments to the way the work was done if I felt it would work better for me. I changed the procedure and tried it for a few months but found it was not as effective as the way it was done by the person who’s place I took. I asked for more training on how to return to the previous way and after a few weeks I got to the point of feeling completely comfortable with succeeding in the job. I was out sick a few days over that time period and had a few days where I went to work not completely well and did not perform on those days as well as I normally would. My supervisor knew about all this but after a few days of continuing training and working in the position, I was fired for poor performance. I also was going through some times of mental confusion due to medicine so it was struggle on some days. None of this was a fault of my own and I did not feel that at the time I was let go that I was not ready to be successful in the job. They felt otherwise. I got one month’s severance pay. Can I still get unemployment? I was fired from the previous job I had due to mental confusion after 11 years of being successful. I had to appeal unemployment denial with a note from my doctor that we were correcting the issue. I won the appeal.

    • Kelly,

      I can understand what you went through. If you’re able to prove with paperwork in case of a dispute, you should be able to claim until you find another job.

  33. Doesnt all company’s have to pay unemployment to state? And if not is there any way to collect unemployment from them, I was paid with payroll check every week since I started working there. He has had as many as 11 employees at one time. But I have been laid off because of not enough work for everyone?

    • Dale,

      Not all companies are obligated to pay. If you’ve been laid off due to no work, please call the Unemployment Office to inquire about your eligibility.

  34. I have been working for a company for the past year in sales and all of my sales were selling a product that was mandated by the government. The mandate has now passed and sales company wide have declined dramatically and it is difficult to hit sales goals. If I quit to find another job would I be eligible? How about if I am fired due to non performance?

    • Ken,

      UI benefits are only extended to those who lose their job due to involuntary reasons. Please call the Unemployment Office for clarification.

  35. I was employed for 15 months. Due to family medical issues I applied for fmla which was approved. Within the same week I was put on formal disciplinary action that focused on bad work performance and vague acquisitions of misuse of company property. My job expectations were increased and nothing appears to be verifiable. I have a very good evaluation on file and was given a merit increase for good performance. I have emails showing I attempted to communicate several times with Mgmt regarding issues and concerns that went unanswered. Mgmt did not follow company policy and I was not given a 3 or 6 month evaluation and only had one sit down one-on-one with manager, policy suggests one/month. I also have a doctors note stating this work environment appears to be exacerbated by a medical condition and a change in work environment should improve this condition and my overall health. My team then stopped communicating with me completely and I resigned under fear of being fired. If I were to need fml leave I would likely not meet the expectations of the disciplinary action and felt I was being forced out.

    • Mike,

      Thank you for the note and I hope things get better soon. If you think it was not your fault, please go ahead and apply for Unemployment Insurance benefits until you find a job. Make sure to provide supporting documents when asked for.

  36. I took a job as prn with a promise of going permanent but not I’m being told there is no permanent position and will remain prn. I quit to find a permanent and more secure position will I qualify for unemployment

  37. I quit my job because my employer significantly cut my hours to 6 hours a day 2 days work. He did not give me a explaination to why he did what he did, and I had no other choice but to look for another job, I was a full timer and i did overtime,I couldn’t continue work because it was not enough. And i did till my employee why I was no longer able to work with him. Also my employer has not contest the claim. Is there a possibility of unemployment benefits

    • Jeff,

      You could have still applied for partial UI benefits staying with the job. Please call the Unemployment Office to inquire if you qualify.

    • Beverly,

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

  38. My boss notified me today that he is eliminating my part-time position that I have had for 12 yrs as office manager. He offered me another part-time position working in the kitchen for significantly less pay. If I quit, am I eligible for unemployment benefits even if my job was part time?

    • Lisa,

      To qualify, you’re required to have sufficient earnings and hours. Please call the Unemployment Office for clarification on eligibility.

  39. My Relative Was fired from the company he worked for for over 20 years, he was a supervisor for the last 4 or 5 years. He has been Addicted to Ambien, Hydrocodone, Serquil, and any other pain meds he can get from other Doctors, steal from family/friends/etc.. He was working as an extra on the night in question and he had taken his medication and not eaten anything. It made him feel ill so he went to his vehicle and drove away without notifying anyone, which is a direct violation of Company Policy. Then was arrested by the sheriff’s Department for breaking and entering of a business, destruction of property over $2,500, assault on a police officer/public official, and 2 traffic warrants for Speeding. He claims he does not remember any of this (Blacked Out), except that he was looking for a bathroom urgently. The company found out that he left without notice and that he Not only committed these crimes while he was supposedly on the company’s time but also the business was a contractor of the company he worked for. He has since been fired from his job, has hired a lawyer, and filed for unemployment. He has lied about the reasons for his terminations And has gotten some of the charges dropped! – Can he still get unemployment? – Can he Sue and win for wrongful termination? – Can he turn around and try to file for disability for this or even a different reason?

    • Cole,

      I am not sure if your relative will qualify to receive UI benefits. I suggest you consult a lawyer to explore legal relief options.

  40. Let’s try this again as my first post seems to have gotten lost.

    I was let go due to a corporate down sizing from a company I did part time software development and maintenance for – am I eligible for unemployment benefits?

    ALSO – I’m about to undergo surgery which will preclude being able to “actively look for work? for several months, as this is one of the conditions of unemployment assuming I qualify do I have to wait till I recover to be able to qualify?

    Thanks in advance.

    drc :)

    • Darrel,

      You should be eligible for UI benefits considering the backdrop. However, a claimant can claim UI benefits only if he/she is able and available for work.

  41. I’ve been working for a company as a part time contractor doing software development and maintenance.

    I’ve been let go due to a general company wide down sizing.

    Can I collect unemployment benefits in TX?

    ALSO I’m about to have surgery and wouldn’t be able to “actively look for work” till sometime the first of 2018, would I have to wait till after I have recovered sufficiently to qualify?

    Thanks in advance for your help.

    • Darrel,

      Considering the nature of your employment (contract) and medical conditions, you may not qualify to receive UI benefits since they’re extended to those who’re able and available for work. Please call the Unemployment Office for details.

  42. I am employed for a construction company that my job is for 9 months. I was told if a new job come up I could be sent to that one. They do have a job site, but the supervisor says he doesn’t need me. Which comes to my question. Can I claim benefits once this job is over?

    • Erika,

      You should be able to claim UI benefits once the job is over as long as your employer paid UI taxes into the system on your behalf.

  43. I have been working for a company for a year now, a lot has happened here…I am made to take test for other employees to get there certifications, I have been Physically threatened by another employee and when to HR for an investigation, then I was given an ultimatum to “Squash” the investigation, My boss has changed my clock in times, he is refusing to pay me for the floating holiday, I have emails, and recording of everything.. I have never been written up but I feel im being pushed to quit… can I get unemployment if I quit?

    • Michelle,

      I am sorry to hear about your situation. Yes, you can be eligible to quit under hostile working conditions and claim UI benefits. Make sure to keep supporting documents handy in case of a dispute.

  44. I had an knee injury that isn’t work related. I’ve been on light duty due to Dr’s orders for a month now. Today I had an appointment and was told I need surgery for a torn ACL and meniscus. When I returned to work this afternoon and informed my boss that my surgery is scheduled for Nov 30th she let me go. Would I be able to claim unemployment

    • Alan,

      Unfortunately, personal reasons such as medical conditions are not considered. You may not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

      Hope you get well soon.

  45. I have been working part time as an Office Assistant for the past 10 months, for a construction company. I was warned by a co-worker that our boss was occasionally a little loud and I thought nothing of it. The first time I heard him scream was startling to say the least. He screamed at both myself and my co-worker using extreme profanity over something that was out of our control (ie, the slow time of year). The next few times he screamed profanity at us was because of something he did. I politely asked him to stop screaming. He told me “F-you. It’s my office.” He’s called me stupid on many occasions and screams profanity at us constantly. I have audio of him screaming about one of our financial supporters, calling them horrible names. I have started seeing a Psychologist because of my boss. I have been told to quit because my mental and physical health has declined. I have had more migraines since I started working for him and I go home everyday sick to my stomach because of his screaming. I started looking for another job and have had a couple of phone interviews but nothing so far. Could I get unemployment until I find something else due to my current situation at work?

    • Robin,

      Yes, you should be able to claim UI if you decide to quit under such circumstances. Please be sure to call the Unemployment Office for clarification before making a decision.

  46. I live in Houston and during the recent hurricane, my vehicle suffered water damage. I live in the Harris County part of Houston, where we do not have bus service. As a result of the storm damaging my car, I have been unable to get to work. My employer emailed me and said if I didn’t show up on Wed, Sept 20, 2017, they would accept that as my resignation. I responded letting them know I politely decline to resign and that I politely decline for them to use the Sept 20 absence as a voluntary resignation because I am unable to get there due to no fault of my own, but as a direct result of Hurricane Harvey damaging my vehicle, which is being repaired. I also informed them that I know they have business needs and will discharge/fire me because I am unable to be there on Spet 20th. I even informed them that I tried renting a car, but there is a shortage and a waiting list. Will they be able to stop me from getting unemployment although my reason for not being able to make it into the office was due to no fault of my own?

    • Terry,

      They shouldn’t be stopping you and you have all the rights to claim. Please call the Claims Center for immediate assistance.

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