If you quit your job without "good cause connected with the work" you may not be eligible to receive benefits. "Good cause connected with the work" means that your reason for leaving must be directly related to your job, and be so compelling that you had no choice but to leave the job. While in most cases you cannot voluntarily quit a job and collect unemployment insurance benefits, where you can show “unsafe, unhealthful, or dangerous” working conditions, that were so intolerable that you had “no choice but to leave the employment,” you could be eligible to collect unemployment insurance benefits. The burden of proof is on you, the employee, to prove that you quit for good cause. Show
If you leave your job for personal reasons – for example, to move out of the area – your reason for quitting is not connected with the work. If you quit your job for better pay or more hours, you may be eligible for benefits under certain circumstances. In both cases, a claims examiner will contact you by phone or email for a fact-finding interview to decide if you are entitled to benefits based on Unemployment Insurance law and policies. However, if leaving your job was related to domestic violence, of if your spouse/civil union partner is an active military member who is being transferred outside of state, you may still be eligible to collect benefits. You will be scheduled for a claims examiner interview or emailed a questionnaire to provide proof of these circumstances. The examiner will decide if you can receive benefits based on Unemployment Insurance laws and regulations. To remove a disqualification for voluntary leaving, you must return to work (in covered employment) for at least eight weeks, earn at least 10 times your weekly benefit rate, and then become unemployed through no fault of your own. If you were fired or discharged from your job, you may not be eligible for benefits. A claims examiner will determine if there was any misconduct connected to your separation. There are two types of misconduct: misconduct and gross misconduct. A misconduct disqualification would begin the week your firing or suspension occurred, and continue for the next five weeks. After the disqualification period ends, you may be eligible to collect benefits. If you were fired for any reason that is serious enough to be considered a crime of the first, second, third, or fourth degree under the New Jersey Code of Criminal Justice, you may be disqualified from collecting benefits indefinitely. This is known as a gross misconduct discharge. To remove a gross misconduct disqualification, you must return to work (in covered employment) for at least eight weeks, earn 10 times your weekly benefit rate, and then become unemployed through no fault of your own. In addition, the wages you earned with the employer who discharged you cannot be used to establish a current or future claim for Unemployment Insurance benefits, or to remove a disqualification. If you were fired, you will have a fact-finding interview either by phone or email to determine your eligibility. The examiner may request certain documentation as supporting evidence of your separation. The examiner will determine if you are entitled to benefits based on Unemployment Insurance laws and regulations. An exception to a disqualification based on willful misconduct may apply when the separation was related to or due to domestic violence. In response to response to COVID-19, Congress passed the Coronavirus Aid, Relief, and Economic Security Act, commonly referred to as “CARES” or the “federal stimulus bill.” Under this law, many workers who lost their jobs or income because of COVID-19 will qualify for unemployment benefits, including many types of workers who do not usually qualify for unemployment benefits under Texas law. In addition, the Texas Workforce Commission has extended the number of weeks of benefits that some workers can receive. Here are some answers to frequently asked questions about eligibility and how to apply. You should also check the Texas Workforce Commission’s website here: https://www.twc.texas.gov/ for updates on how they are handling unemployment benefits under the federal stimulus bill. This information is not legal advice. For free, confidential advice and information, contact Texas RioGrande Legal Aid at 888-988-9996. I LOST MY JOB BECAUSE OF COVID-19. DO I QUALIFY?If you lost your job because of COVID-19, you probably qualify for benefits. Common grounds that qualify include:
The Texas Workforce Commission encourages anyone who lost work due to COVID-19 to apply. If you are unsure if you qualify, it may be better to apply and find out, but be sure to be honest and accurate in the information you provide. The Texas Workforce Commission has a helpful FAQ on their blog about qualifying for benefits: I WAS SELF-EMPLOYED BUT CAN’T WORK ANYMORE BECAUSE OF COVID-19. DO I QUALIFY?Yes. Under the new federal stimulus bill, self-employed workers qualify. This includes small business owners, independent contractors, and gig-economy workers (such as ride-share drivers). The TWC will provide you with benefits without proof of income initially, but you will have to prove your income by December 26, 2020. Those who earned less than $20,800 in 2019 are only eligible for the minimum weekly benefit amount—$207. If you earned more than $20,800, you should submit your 2019 tax return as soon as possible so that the TWC can pay you more than the minimum weekly benefit amount. Tax documents the TWC will accept for self-employed individuals are IRS Form 1040 Schedules C, F, or SE. Whether you send your income information now or later (but by December 26, 2020), do not send any IRS Forms 1099s. The TWC will not accept these as income information. You must send IRS Form 1040 Schedules C, F, or SE. If you do not, the TWC may require you to pay back any benefits you were given. DO I QUALIFY IF I WASN’T FIRED, BUT MY HOURS WERE REDUCED?Yes. You likely qualify for partial unemployment. You must submit your wages when you request payment, and the amount of wages you received will determine if you are eligible for unemployment benefits. The TWC provides an Unemployment Benefits Estimator, so you can estimate your possible payment. DO I QUALIFY IF I ONLY WORKED PART-TIME BEFORE COVID-19 AND LOST MY JOB?Yes. Part-time workers can also get unemployment if they lost their job because of COVID-19. I WAS PAID IN CASH. DO I QUALIFY?Yes. If you were paid only in cash, you may still be eligible. But you could have issues proving you were previously employed and how much you earned. Be prepared to provide tax documents and any other documents showing your earnings. Normally your employer has to report your wages to the Texas Workforce Commission for you to qualify, but since the federal stimulus bill does not require wage history, you should still qualify if you can prove you were working and stopped working because of COVID-19. If you cannot prove how much you earned, the TWC will give you a minimum benefit amount. I’M A TIPPED WORKER. DO I STILL QUALIFY?Yes. Tipped workers qualified for benefits even before COVID-19 and should continue to be eligible for Texas benefits or federal stimulus bill benefits. Your employer is supposed to report all of your income, including tips. If your employer didn’t report any or all of your income you should still qualify for benefits under the federal stimulus bill because it doesn’t require any earning history. But you will need to provide documentation showing that you worked if your employer did not report any earnings to the TWC. DO I NEED TO HAVE A CERTAIN AMOUNT OF WORK HISTORY OR PAST EARNINGS TO QUALIFY?No. Normally you would, but the new stimulus package lets workers who don’t have enough work history get benefits if they can’t work because of COVID-19. If you have an insufficient work history to qualify for benefits under traditional unemployment insurance, you should be prepared to provide verification of your earnings to help the TWC with figuring out whether you are eligible for unemployment. You will need to provide self-certification that you are (1) partially or fully unemployed, or (2) unable and unavailable to work due to COVID-19. I APPLIED AND WAS DENIED BECAUSE I DIDN’T HAVE ENOUGH PAST EARNINGS. I THOUGHT THE FEDERAL STIMULUS BILL DIDN’T REQUIRE PAST EARNINGS, SO WHY DIDN’T I QUALIFY?The federal stimulus bill does not require you to have a minimum amount of past earnings. However, to receive these federal benefits, you must first be denied regular unemployment benefits under Texas state law. If you lost your job or had to quit because of COVID-19 and received a notice that you were denied benefits because you had insufficient past earnings, you should later receive a notice stating whether you qualify for either disaster or pandemic benefits. You should not reapply if you do not receive a notice. Call the TWC to ask for an explanation or if you receive a decision denying you that says you can appeal, you should appeal. Appeal deadlines are very short. The deadline will be written on the denial notice. I WAS ALREADY RECEIVING BENEFITS BEFORE COVID-19 AND USED UP MY 26 WEEKS OF UNEMPLOYMENT BENEFITS. NOW I CAN’T FIND A NEW JOB BECAUSE OF COVID-19. CAN I GET MORE UNEMPLOYMENT BENEFITS?Yes. The federal stimulus bill will give you 13 additional weeks of unemployment. This is called Pandemic Emergency Unemployment Compensation (PEUC). You do not need to reapply if you ran out of benefits on or after July 1, 2019. Just keep requesting payments every two weeks. You are probably eligible if:
If you meet the above criteria, the TWC will notify you by mail or electronic correspondence, and you should not attempt to apply for benefits again. If you submit another application, you may delay TWC’s processing of your application. After you exhaust those 13 weeks under the federal stimulus bill, you may then qualify for another 13 weeks under Texas law. This is called Extended Benefits. You do not need to reapply. Just keep requesting payments very two weeks. The TWC should automatically review your claim to see if you are eligible for additional weeks of benefits. But if they do not or say you cannot keep receiving benefits, you may need to call them to ask them to review your claim for Extended Benefits. On December 27, 2020, a new pandemic relief bill was signed into law. This legislation helps unemployed workers in many ways: Unemployment benefits may be extended by up to 11 extra weeks. ALL unemployment benefits recipients will receive an additional $300 per week in benefits for up to 11 weeks, through March 14, 2021. Some unemployed workers, who have income both from wages and work that is considered self-employment, may ALSO receive an additional $100 per week in benefits. States will have the discretion to waive some overpayments of unemployment benefits that are not the fault of the claimant. Please check here for the latest updates from the TWC regarding this: https://www.twc.texas.gov/news/frequently-asked-questions-about-unemployment-insurance-benefits-related-covid-19 MY BOSS TOLD ME I NEEDED TO COME BACK TO WORK, BUT I AM CONSIDERED HIGH-RISK FOR COVID-19 AND I’M SCARED TO GO BACK. IF I REFUSE TO GO BACK TO WORK, CAN I STILL GET UNEMPLOYMENT BENEFITS?The TWC has said that workers can refuse an offer to return to work and still receive unemployment benefits in the following situations:
The TWC has said that any other situation would be looked at on a case-by-case basis. If you have a question about your particular situation affecting your eligibility for unemployment, please call TRLA. We can help you try to figure out whether you may be able to stay on unemployment, and also whether you have the right to paid or unpaid leave. For more information about paid or unpaid leave that might be available to you, please visit our website. We have also compiled resources to help you stay safe at your workplace if you do return to work: MY BOSS TOLD ME I NEED TO COME BACK TO WORK, BUT MY CHILDREN’S SCHOOL/DAYCARE IS CLOSED AND I DON’T HAVE CHILD CARE. IF I REFUSE TO GO BACK TO WORK, CAN I STILL GET UNEMPLOYMENT BENEFITS?Yes. If you are the primary caregiver for a child you live with and their school or daycare is still closed, you can refuse to return to work and still receive benefits. I HAVE BEEN DIAGNOSED WITH COVID-19 AND AM STILL RECOVERING, BUT MY BOSS TOLD ME I NEED TO COME BACK TO WORK. IF I REFUSE, CAN I STILL GET UNEMPLOYMENT BENEFITS?Yes. However, there are conditions you have to meet to be eligible to get unemployment benefits:
A FAMILY MEMBER IS STILL RECOVERING FROM COVID, BUT MY BOSS TOLD ME I NEED TO RETURN TO WORK. IF I REFUSE, CAN I STILL GET UNEMPLOYMENT BENEFITS?Yes. However, there are conditions you have to meet to remain eligible for unemployment benefits:
I HAVE BEEN QUARANTINED FOR 14 DAYS BECAUSE OF CLOSE CONTACT EXPOSURE TO SOMEONE WITH COVID-19, AND MY BOSS TOLD ME I NEED TO COME BACK TO WORK. IF I REFUSE, CAN I STILL GET UNEMPLOYMENT BENEFITS?You can refuse to return to work during your 14-day quarantine. But after those two weeks are up, you may not qualify for unemployment benefits unless you fall within one of the TWC’s approved reasons for refusing work. You can find a list of those reasons here: https://www.twc.texas.gov/texas-workforce-commission-guidance-unemployment-claimants I RETURNED TO WORK, BUT I AM NOT WORKING FULL TIME. DO I STILL QUALIFY FOR UNEMPLOYMENT BENEFITS?Maybe. If your employer offers you less hours than you worked before to your employer closed because of COVID-19, you may qualify for partial unemployment benefits. This depends on your income. You should request payments like normal, reporting your income and hours worked, and the TWC will determine if you qualify. If you were working part-time prior to the shut down and have returned to work the same or more hours than before, you probably do not qualify. HOW LONG CAN I RECEIVE BENEFITS?Workers who qualify for benefits under Texas law can receive an initial 26 weeks of benefits. If they exhaust this, there are up to 26 extra weeks available. An additional 7 weeks of benefits may be available if the unemployment rate remains high. These will be available in October at the earliest. On December 27, 2020, a new pandemic relief bill was signed into law. Under this legislation, unemployment benefits may be extended by up to 11 extra weeks. Please note that these changes will still have to be put in place by the Texas Workforce Commission. The TWC has stated that it will try to do this as quickly as possible. Please check here for the latest updates from the TWC regarding this: https://www.twc.texas.gov/news/frequently-asked-questions-about-unemployment-insurance-benefits-related-covid-19 I TRIED TO APPLY ONLINE, BUT IT SAYS MY SOCIAL SECURITY NUMBER IS ALREADY IN USE. HOW DID THIS HAPPEN, AND HOW CAN I FIX IT?This could have happened because:
This problem can only be fixed by calling the TWC at (800) 939-6631; it cannot be fixed online. ARE WORKFORCE SOLUTIONS OFFICES OPEN?Yes. Workforce Solutions offices are now open. You can find your local Workforce Solutions’ office location at: https://apps.twc.state.tx.us/DSS/search.do I DID NOT APPLY FOR UNEMPLOYMENT BENEFITS UNTIL A WEEK OR MORE AFTER I LOST MY JOB. WILL I GET BENEFITS FROM THE DATE I LOST MY JOB OR THE DATE I APPLIED?Because of the unprecedented number of applications for unemployment benefits caused by COVID-19, the TWC will pay benefits starting on the date that a worker lost his or her job as far back as March 8, 2020, not the date the worker applied. It may be necessary to call the TWC to receive backdated benefits. AFTER I’M APPROVED FOR UNEMPLOYMENT BENEFITS, DO I NEED TO DO ANYTHING ELSE?Yes. You have to request a payment after you are approved and keep requesting payments every two weeks. You can request payment either by direct deposit to a checking or savings account or through a debit card the Texas Workforce Commission will send you. To request payment, you can:
ONCE I GET UNEMPLOYMENT BENEFITS, WHAT DO I NEED TO DO TO KEEP THEM?When you request payment every two weeks, you will have to answer some questions to prove you are still eligible, like whether you are still unemployed or whether your child’s school or daycare is still closed. DO I HAVE TO BE A U.S. CITIZEN TO GET UNEMPLOYMENT BENEFITS?No. Immigrants who are authorized to work in the U.S., including legal permanent residents, may also qualify for benefits. Immigrants without work authorization do not qualify for benefits. For advice about your particular situation, contact Texas RioGrande Legal Aid at 888-988-9996. ARE THERE ANY REASONS I SHOULDN’T APPLY FOR UNEMPLOYMENT BENEFITS?If you believe that you qualify for unemployment, it is a very important lifeline and is here to help people through this crisis. But please be aware: If you receive benefits and then later the Texas Workforce Commission decides you did not qualify you will have to pay back all the benefits you received. If you did qualify for some benefits but were given more benefits than you are eligible to receive, you will still have to pay back the extra benefits. The TWC cannot forgive or dismiss overpayment, and there are no exceptions for hardship. Make sure to be truthful and accurate. Inaccurate information, even if you were being honest, can still result in being made to pay back the money you received. Causes of overpayment that would require you to return some or all of your received benefits include:
If the TWC determines that you committed unemployment fraud, you must pay a 15% penalty on the benefits you incorrectly received as well as repay the benefits for which you were not eligible. I RECEIVED A NOTICE THAT I HAVE TO REPAY THE BENEFITS I RECEIVED. WHAT CAN I DO?It Is not uncommon for the TWC to say someone is qualified, pay them benefits, and then later decide the person never qualified and demand repayment. If you receive a notice that you were overpaid benefits and must repay them, you can appeal this decision. You have 14 days to appeal from the date it was sent. The notice you receive will tell you the date by which you must file your appeal. Just like with any other decision that you can appeal you will be given a telephone hearing to argue why you were not overpaid. No late appeals will be accepted. It is also likely that you received a decision saying you never qualified in the first place for benefits (reversing the initial notice you received that you did qualify) and that is why you were overpaid. You need to appeal BOTH the determination that you never qualified for benefits and the decision that you were overpaid. You can appeal online at https://login.apps.twc.state.tx.us/UBS/security/logon.do by logging on to your account. This is the same account you used to apply for benefits. You can also fax your appeal to 512-475-1135. You can find the TWC’s appeal form here: https://www.twc.texas.gov/files/jobseekers/unemployment-benefits-fax-appeal-form-twc.pdf. I STILL HAVE MORE QUESTIONS ABOUT HOW TO APPLY FOR UNEMPLOYMENT BENEFITS. WHERE CAN I FIND MORE ANSWERS?You can find more answers on the Texas Workforce Commission’s website,
Unemployment Benefits Handbook, or virtual assistant. The virtual assistant is available on any Texas Workforce Commission webpage at the bottom of the page under the “CHAT WITH US” tab. DO I HAVE TO SEARCH FOR A NEW JOB TO KEEP MY UNEMPLOYMENT BENEFITS?Yes. Beginning the week starting November 1, 2020, workers receiving unemployment benefits will have to be actively searching for work.There are specific work search activities you have to do to meet this requirement. You should receive a work search notification by mail or in your TWC online account inbox. You should immediately register on WorkInTexas.com. WHAT DO I HAVE TO DO TO MEET THE WORK SEARCH REQUIREMENTS?Most workers receiving unemployment benefits must complete 3 work search activities per week. (The number of work search activities you must complete is between one and three, depending on the county where you live. BUT aA majority of counties require three work search activities. You can find your county requirements here) The TWC has stated that acceptable work search activities include but are not limited to:
HOW DO I REPORT AND PROVE MY WORK SEARCH ACTIVITIES?When you request your payments every two weeks, you must report the number of work search contacts you made and if you turned down any job offers. The TWC will not ask you for documentation of your work search activities every time, but they may randomly ask you to provide documents to prove your work search activities, so keep detailed records. The TWC has a form you can use to document your work search activities here https://www.twc.texas.gov/files/jobseekers/work-search-log-TWC.pdf. You do not have to use this form, though, as long as you keep a record in some way of the required proof of your work search activities.. The TWC requires the following to prove your work search activities:
DO I HAVE TO TAKE APPLY FOR AND ACCEPT ANY JOB I’M OFFERED?No. You only have to apply for and accept “suitable work.” Generally, this means you don’t have to accept work that is significantly different from the type of work you did before. Generally, if you worked in a job that required a specific education or training, you do not have to accept jobs outside your field. Or if you have years of experience in your field, you do not necessarily have to accept an entry level job, even if it is in the same field. You also don’t have to accept a job that pays significantly less than you made before. If you have been unemployed for less than eight weeks, you do not have to take a job that would pay less than 90% of what you made before. But after you have been unemployed for eight weeks, you must accept jobs that pay at least 75% percent of what you made before. You also do not have to accept a job that would not be within a normal commuting distance from where you live—however, the TWC may determine what a reasonable commute is differently than you would. DO I HAVE TO SEARCH FOR WORK IF I WAS SELF-EMPLOYED?You do not have to search for traditional employment, but you have to take steps to reopen your business. If you do not intend to reopen your business or return to the type of work you previously did (such as gig-economy or contract work) you must search for traditional employment. You must report the number of hours a week you spend taking steps to reopen your business. The TWC has not said what the minimum number of hours is. These are steps to reopen your business that should qualify to meet the work search requirements:
You can find more information here. IS ANYONE EXEMPT FROM WORK SEARCH REQUIREMENTS?Yes. You are exempt:
IF I AM GIVEN MY SEVERANCE PACKAGE IN A LUMP SUM, WOULD THAT AFFECT MY UMEMPLOYMENT BENEFITS FOR ONE WEEK OR LONGER?Your eligibility for unemployment benefits and the amount of time it takes to become eligible varies on a case-by-case basis. You can see how money from different sources can affect your benefits on the TWC’s website. WHEN SHOULD I REQUEST PAYMENT?You can find your filing date by calling Tele-Serv at (800) 558-8321 and selecting Option 2. You can call between 7 am and 6 pm on weekdays. You can also log into Unemployment Benefits Services and view your Claim and Payment Status. You can find more information about requesting benefit payments on the TWC’s website. CAN I SUBMIT MY UNEMPLOYMENT DOCUMENTS ONLINE?Yes. You can submit documents to the TWC via an online portal in either English or Spanish. DOES WITHDRAWING MONEY FROM MY 401K IMPACT MY BENEFITS?If you withdraw money in one lump sum, your benefits won’t be impacted. However, monthly withdrawals for your 401k may impact your benefits. HOW DO I CANCEL MY UNEMPLOYMENT BENEFITS WHEN I START WORKING AGAIN?It is not necessary to cancel unemployment benefits. Recipients simply stop requesting payments. How long do I have to file for unemployment in Texas?To be eligible, you must have filed your initial claim no later than 24 months after the date that the illness, injury, disability, or pregnancy began.
How long do you have to file for unemployment after losing your job?File for unemployment in the first week that you lose your job or have your hours reduced. Your claim begins the Sunday of the week you applied for unemployment. You must serve a one-week unpaid waiting period on your claim before you are paid UI benefits.
What can disqualify you from unemployment benefits in Texas?After you have been unemployed for eight weeks, you must be willing to accept a suitable job that pays at least 75 percent of your normal wage. If you do not apply for suitable work, accept suitable work, or return to your regular self-employment work, TWC may disqualify you for benefits.
How long do you have to work to get unemployment?Typically, there is no set length of time an employee must work for a single employer to collect unemployment benefits. A few states have exceptions for workers who were employed for less than 30 days.
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How long after being laid off can i file for unemployment texas
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