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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

 

241 thoughts on “Texas Unemployment Eligibility”

  1. Chanel says:

    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?

    1. Sam says:

      Chanel,

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

  2. Cierra says:

    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?

    1. Sam says:

      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.

  3. David says:

    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?

    1. Sam says:

      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.

  4. Dee says:

    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?

    1. Sam says:

      Dee,

      If you did not resign, you were fired. Please call the Unemployment Office in your state to ascertain eligibility.

  5. tony says:

    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?

    1. Sam says:

      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.

  6. Caroline says:

    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?

    1. Sam says:

      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.

  7. Chris says:

    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?

    1. Sam says:

      Chris,

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

  8. Daphane says:

    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.

    1. Sam says:

      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.

  9. Martie says:

    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.

    1. Sam says:

      Martie,

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

  10. Jane says:

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

    1. Sam says:

      Jane,

      It depends. Ask your relative to tread carefully. She will only qualify if it’s not her fault.

  11. Kelly says:

    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.

    1. Sam says:

      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.

  12. Dale Caldwell says:

    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?

    1. Sam says:

      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.

  13. Ken says:

    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?

    1. Sam says:

      Ken,

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

  14. Mike says:

    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.

    1. Sam says:

      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.

  15. Brandy says:

    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

    1. Sam says:

      Brandy,

      You may not qualify since UI benefits are only extended to those who lost their job due to involuntary reasons.

  16. Jeff says:

    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

    1. Sam says:

      Jeff,

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

  17. Beverly says:

    I’m moving to Tx, I had to quit my job to move, I’m looking for another job, am I eligible for Unemployment?

    1. Sam says:

      Beverly,

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

  18. Lisa says:

    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?

    1. Sam says:

      Lisa,

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

  19. Cole Barton says:

    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?

    1. Sam says:

      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.

  20. Darrel Christenson says:

    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 🙂

    1. Sam says:

      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.

  21. Darrel Christenson says:

    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.

    1. Sam says:

      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.

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