WHAT TO DO IF DENIED UNEMPLOYMENT IN TEXAS
Residents who have had unemployment benefits denied may file an appeal with the Texas Workforce Commission. For Texas residents who have been denied unemployment, an appeal process is available in a series of three levels. The unemployment denial appeal process first includes an appeal to the Appeal Tribunal. The second step in the appeal process is an Appeal to the Commission. The third step includes a motion for Rehearing or an Appeal to a Civil Court.
For applicants who have had unemployment compensation benefits denied, review the sections below:
- What happens if denied unemployment in Texas?
- What if I am a victim of wrongful termination in Texas?
- What can I do if unemployment denied in Texas?
- Three levels of unemployment denial appeals in Texas
- What to do if denied unemployment benefits in Texas
What Happens if Denied Unemployment in Texas?
For any applicant denied unemployment in the state of Texas, an appeal may be filed. An unemployment denial appeal is the applicant’s written notice stating that he or she disagrees with the decision of the Texas Workforce Commission. When an applicant is denied unemployment benefits, the claimant may request that his or her case goes through the Texas appeal process.
Unemployment denial appeals may be filed in several ways. Unemployment denial appeals can be submitted online using an Unemployment Benefits Appeal Form, through via mail by sending the completed form to the Appeal Tribunal Workforce Commission, submitting the completed form by fax, or by delivering the appeal in-person to the Workforce Solutions Office.
What if I am a Victim of Wrongful Termination in Texas?
Additionally, appeals are available to applicants who have been victims of wrongful termination in the state of Texas. Texas employees are work at-will employees; however, certain situations may qualify as exceptions to the rule. Certain at-will exceptions that may qualify as wrongful termination include the following:
- Discrimination of the employee’s race, religion, gender, sexual orientation, or age
- Wrongful termination due to retaliation
- Contractual employees may only be terminated for reasons included on his their employment contract
- Wrongful termination, which was the result of an employee refusing to perform illegal acts
- Employees participating in the Family and Medical Leave Act
- Employers who do not follow the company’s termination procedure
Applicants who have had TX unemployment compensation benefits denied do not need an attorney, but may choose to have an attorney or other witness available at his or her hearing if necessary.
What Can I Do if Unemployment Denied in Texas?
If denied unemployment benefits in Texas, claimants have the right to disagree with the Texas Workforce Commission, which takes places in the form of an appeal process. After an unemployment denial appeal has been submitted, applicants may check on the status of his or her application specific to that level of appeal.
During the appeal of having unemployment compensation benefits denied, applicants must continue to meet all unemployment eligibility requirements, including job searching activities, documentation of the job search, application of suitable work and interviewing for work. Even if denied unemployment benefits, claimants should continue to submit payment requests on time and on schedule.
Three Levels of Unemployment Denial Appeals in Texas
The unemployment denial appeal process takes place in a series of three steps. The applicant will first submit an appeal to the Appeal Tribunal and if denied, will move onto the second or third level. To file an unemployment denial appeal with the Appeal Tribunal, applicants must submit an appeal their request in writing within two weeks from the date of receiving his or her denial of benefits. In the written appeal, applicants denied unemployment should include his or her name, Social Security number, current address, date of receiving the Determination Notice, a copy of the Determination Notice and any dates that the applicant is not available to participate in a hearing.
Applicants may not hear anything for six to eight weeks after submitting an appeal to the Appeal Tribunal. If denied unemployment benefits again, the applicant may submit another appeal in writing to the Commission Appeals. The appeal must be submitted within two weeks of receiving the results of the Appeal Tribunal. If denied unemployment for a second time, the applicant has two more options to appeal his or her unemployment. This time, additional information to reinforce the applicant’s unemployment denial appeal may be submitted in writing in the form of a Motion for Rehearing. The written Motion for Rehearing must be submitted within two weeks of receiving the results of the Appeal to the Commission. Additionally, the applicant denied unemployment may also Appeal to a Civil Court within 15 to 28 days of receiving the result of the Commission Appeals.
What to Do if Denied Unemployment Benefits in Texas
If an applicant has unemployment compensation benefits denied, there are other Texas programs available to assist applicants denied unemployment. For instance, Texas Workforce Solutions offices assist job seekers with job searching activities and 211Texas is a service available to assist job seekers with utility costs, rent, food, child care and other various costs and obligations. Additionally, workers denied unemployment benefits can also benefit from mortgage assistance, health insurance and tax preparation assistance in the state of Texas.