Understanding Texas Unemployment Denial: Reasons & Requirements
The Texas Unemployment Compensation Act dictates the rules and regulations of unemployment benefits in Texas. In order to receive benefits, a worker -- who is experiencing unemployment through no fault of his own -- must meet qualifications and requirements in three areas: past wages, date of last job termination and ongoing availability for work and search progress. If the worker fails to meet any of these, denial of unemployment insurance can occur.
Absences and Tardiness
If you violated the tardy or absence policies of your former employer and you were warned of the violations and the consequences of your actions before you were fired, unemployment may be denied to you. As long as an employer can prove, through documentation, that you violated workplace procedures for these issues, you are ineligible for benefits.
Disruptive Behavior
If an employer can prove through documentation that you harassed him, other employees or customers, unemployment can be denied. Also, if you engaged in name-calling or other disruptive behavior and your employer can prove it, you can be denied unemployment insurance.
Other Misconduct
Intentionally violating workplace rules, damaging property or jeopardizing the safety of others can result in a denial of unemployment benefits. Refusing to perform your job to the best of your ability also can result in denial. In some instances, violating the law and some criminal convictions can affect your eligibility. Again, the employer must prove that these incidences occurred.
Voluntarily Quitting
Under most circumstances, if you voluntarily quit your job, you won't be eligible for unemployment unless you provide proof that your decision was based on work-related medical or personal reasons that you could not resolve. For example, if your physician tells you that you must quit working due to a health condition, a doctor's note can help you qualify for benefits. If you can prove that you were working in an unsafe environment, you can qualify. If you had to move to another area due to your spouse's work, benefits may be granted, although they may be reduced. Or, if you were being stalked or abused and you can prove it via police or medical reports, you may meet eligibility requirements.
Searching for Work
If you don't actively seek full-time work, you can be denied. In some instances, the Texas Workforce Commission can give you an exemption from this requirement. If you aren't physically able to work, no benefits will be issued. If you fail to register with the Texas Workforce Commission "Work in Texas" job-search site and look for jobs, benefits won't be provided. If you don't make yourself available for work and accept work, unemployment benefits can be denied.
Proof of Wages
You won't meet eligibility requirements ff you don't have proof of wages for two of the last four quarters of the last 12 months upon applying for unemployment benefits. In addition, total wages in the last 12 months must be equal to at least 37 times the weekly benefit amount to be eligible. Also, you must have earned at least six times your new weekly benefit amount since the most recent prior employment claim.
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