Human Resource Blog

Texas Unemployment

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	Termination
Employee Warning Notice Employee Final Warning Notice Employee Resignation Form Exit Interview Questionnaire Separation Checklist

If an employee quits voluntarily for personal reasons, can he or she file unemployment in Texas?

In some cases a person who quits a job in Texas can collect unemployment.

It’s probably always wise for an unemployed person to apply for unemployment. In most states, it’s relatively painless. In Texas, you can even apply for unemployment online.

If the worker wins, they are awarded unemployment benefits for up to 6 months. If they are denied benefits, they are no worse off than before.

An unemployed worker in Texas must meet 3 conditions to collect unemployment benefits. The first condition relates to the amount of income the worker earned while employed.

The second condition relates to the circumstances surrounding the termination from employment, which the Texas Workforce Commission (TWC) diplomatically calls “separation.”

In order to qualify for unemployment benefits, a worker must be unemployed through no fault of his or her own. If a worker quits, she should be prepared to present evidence that she tried to correct the problem before she quit.

In Texas, workers qualify for unemployment when they are laid off due to a lack of work, when they hours are reduced. However, if an employee has hours reduced due to disciplinary action, he or she does not qualify for unemployment benefits.

An employee who is fired in Texas may also qualify for unemployment compensation. This is true, as long as the employee was fired through no fault of his or her own. An employee who is fired for misconduct such as a violation of company policy, violation of the law, neglect or poor job performance, does not usually qualify for unemployment.

Employees who quit their job for a medical reason may qualify, if they have documentation of the medical condition. Employees can also collect unemployment after quitting to care for a terminally ill spouse, if no other caretaker is available.

In Texas, as in many states, workers qualify for unemployment benefits when they quit “for good cause.” The legal definition of “good cause” is a work situation that would cause even a person who truly wanted the job, to quit. Examples of “good cause” to quit a job include:

-          Unsafe working conditions

-          Not being paid

-          A significant change in the hiring agreement

-          No child care

-          Avoiding a stalker or domestic violence

In addition, workers in Texas who quit a job to move with a spouse may qualify for reduced benefits. Full benefits are available only to

Texas employees who quit to move with a military spouse who has been given a change of station for more than 120 days.

The third condition requires that the worker be able to work, and looking for employment.

The Texas Workforce Commission has a complete information on eligibility for unemployment on this site.