Unemployment Process
Employers must pay unemployment taxes so that an eligible employee can temporarily collect monetary benefits while looking for work. An applicant must file a claim for unemployment with the Texas Workforce Commission (“TWC”) to receive payment. The TWC requires the individual to supply information, such as, the dates of his employment, the number of hours worked, and wage details. Then, the TWC determines whether the applicant has met the eligibility requirements. Some of the conditions are that the applicant earned a minimum amount of wages during a twelve month span or base period, he is actively seeking work and has been fully or partially unemployed for at least seven days straight.
Employer’s Notice of Unemployment
The TWC sends a notice of the claim for unemployment to the employer. The business or company may read the letter, and do nothing or it may provide the TWC with information that may adversely affect the claimant’s entitlement to unemployment. For example, the employer may indicate that the former employee failed to work for the required amount of time or it terminated the individual due to misconduct.
Right to Appeal
The TWC will send both parties a Determination Notice. If it decides that the claimant has no right to unemployment benefits, the claimant will have fourteen calendar days from the date of the letter to request a redetermination or an appeal. There are various reasons for denying a request for unemployment payments. The TWC may disallow it when the employer discharged the claimant from employment due to misconduct in relation to his last work or the former employee voluntarily left employment without good cause.
Appeal
If the claimant decides to file an appeal, the TWC will mail the Notice of Telephone Hearing Packet to the individual and the employer with the hearing date and time, issues for discussion, relevant information received regarding the claim, important statements found and other details.
During the appeal, the TWC hearing officer will review the issues that he will cover during the recorded proceeding. Also, he will explain the process, and inform the claimant and employer that he will ask questions. Both parties can make inquiries of the opposing party. The claimant and employer may submit evidence and call witnesses as well. During the end of the proceeding, the hearing officer will explain that he will provide a written determination to the appeal in around ten days. The claimant or the employer may also appeal that decision.
Conclusion
Although a former employee may request unemployment benefits, the employer may provide information that may adversely affect the claimant’s right to payment. The TWC may rely on the employer’s report, and deny unemployment benefits. The former employee may appeal the determination. If you need assistance handling an unemployment matter, please contact me.
