Times are tough right now and with the financial crisis continuing being unemployed is an unfortunate part of it. With different state laws and procedures, it is however important to understand them so you know how to file an unemployment claim. If you live in the state of Texas then there are several important issues around making an unemployment claim that you need to understand.
Texas unemploymentIn Texas they have taken on board the doctrine of employment at will which applies to the hiring of employees as well as the firing of them. This is easy to understand as it means that the state of Texas accepts that companies can terminate a person’s employment for absolutely any reason whatsoever. By the same token it is recognized that employees can stop work or strike for any reason. Certain rules have to abided by though and these include allowing employees to partake in jury service when mandated to do so by the state and different forms of discrimination based upon the age of the employee, their gender or their race or original nationality. In addition to this, even though ‘at will’ states can hire and fire at will; the employers need to follow their own procedures and policies.
So how do you make sense of all this if you have lost your job? How can you file for a Texas unemployment claim? Let us quickly go through the qualifications first. You should have had some sort of consistent job wages before which means if you have never worked in your life, you are not eligible. The reason for the termination of your employment should not have been for any gross misconduct or criminal activity. If you quit because you needed medical attention or been caught up in a downsizing exercise then you will be able to make a claim.
All unemployment claims in the state of Texas are handled by the TWC (the Texas Work Force Commission). The commission will require that you provide specific details such as the wages you were earning, the date that you joined the company you were working for and the date that your employment ended. The commission will also require that you confirm the number of hours per week that you worked. The TWC then evaluates whether you deserve the claimed Texas unemployment benefits.
Claims can be followed up on the TWC web site or by calling the office as you will not get an instant decision on your claim. The main office of the TWC is in Austin, Texas with 5 offices across the state. It is possible to call them at 7 in the morning or in the early evening if you have been looking for a new job throughout the day for all particulars before you actually drive down to an office. This way you can save precious time and gas money before you even file your claim.
As you would imagine, Texas unemployment benefit payments are decided by what the average cost of living in the state currently is. You will probably receive about $390 every week in benefits as this is calculated on an annual cost of living of just under sixty thousand dollars and this is irrespective of what your previous salary was.
It is possible that you will not be in full agreement with your Texas unemployment determination agent or even the state level hearing, then you have the right to a court hearing on the subject. If you want to fight through the courts for your Texas unemployment benefits claim, it is advisable to hire the services of a competent lawyer.