Common Issues in Unemployment Benefits Appeals

Aug 4

3 min read

People have mixed experiences applying for unemployment benefits through the Texas Workforce Commission (TWC). For some, the process is simple and straightforward. They apply and receive the benefits. For others, the process is complicated. Many times, the TWC denies benefits because it doesn’t have enough information to justify the claims or because the applicant’s employer decided to fight the claim. This post has been written to provide general information about common situations that arise during the appeals process.

Misclassification of the Employee

To receive unemployment benefits, an applicant must be an employee. Independent contractors are not entitled to unemployment benefits. The easiest way to check your status is to check your tax forms. If you’re a W2, you’re an employee. You meet the requirements. If you’re a 1099, you’re an independent contractor. But that doesn’t mean that you’re not entitled to benefits.

Some employers misclassify employees as independent contractors. This misclassification may be unintentional but it’s sometimes a way for the employer to avoid paying additional taxes. If the TWC denies your claim because you’re classified as an independent contractor, you’ll need to show that you’re really an employee.

There are multiple factors that come into play.

· Who gave the instructions on how to perform work?

· Who determined job duties?

· Did the employer provide specific training?

· Did the employer supervise work?

· Did the employer set specific hours?

· Did the employer determine where you worked?

This list does not include all the factors. The more control your employer had over your work and how you performed it, the more likely you were really an employee.

Insufficient Information Regarding Wages

Determining wages is usually straightforward. Employers provide payroll records and the TWC uses this information to determine your benefits. However, some people are in situations where the TWC doesn’t have enough information about previous wages. This situation typically arises when the employer did not maintain proper records or misclassified employees. When the TWC doesn’t have sufficient information, it’s important to accurately determine your wages and provide evidence to support the amount. The TWC uses a specific time period to determine which wages qualify. Accuracy is important because if the TWC overpays benefits, it can come back and demand that you repay excess benefits with interest.

Voluntarily Leaving Work

If you voluntarily quit your job, you’re not entitled to unemployment benefits. However, if you voluntarily left for what the law calls “good cause”, you may still be entitled to benefits.

If an applicant voluntarily quit, they may still be entitled to unemployment benefits if they can show that they left because of:

· A medically verified illness for them or their minor child;

· Injury;

· Disability;

· Pregnancy;

· An urgent, compelling, and necessary reason;

· Family violence or stalking;

· Leaving to care for a terminally ill spouse;

· Being called for military service;

· Or certain moves related to a spouse’s military service

These factors show that the separation was in fact involuntary. Each of these reasons require different types of proof and depend on various factors.

In some cases, employers make departing employees sign paperwork saying that they resigned when in reality they were fired. If you signed something similar, you may still be entitled to benefits.

Discharge for Misconduct

The most common reason for a discharge is misconduct. The Labor Code defines misconduct. The definition includes mismanagement of a position, neglect that jeopardizes the life or property of another, intentional wrongdoing, intentionally violating the law, or violating a policy or rule that ensures orderly work and safety of employees. Although this definition is broad, it is nuanced. Not every claim of misconduct is valid. You may have violated a company but that violation may not be enough to justify denying unemployment benefits if you were fired. Your employer might claim you mismanaged a position when you have the evidence to show that you were performing well. Performance reviews, praise, evidence of promotions, and other types of evidence can be relevant to showing that misconduct was not an issue.

Waiver of Right to Benefits

Some employers try to make employees waive their rights to receive unemployment agreements. These types of agreements are rarely enforceable. If you’ve signed something similar, don’t let it hold you back from applying for benefits.

Seek Help from an Attorney

If you need help navigating the appeals process, I’m here to help. I handle certain unemployment appeals for a simple flat fee. It’s important to reach out as soon as possible so that all evidence can be gathered and timely submitted to the TWC and adverse party before the appeals hearing. Submit the contact form or call 713.257.8357 to learn your options.