What Happens When I Fire Someone & They Claim Unemployment in Texas?
Unemployed Texans can apply for unemployment through the Texas Workforce Commission but not every claimant can collect benefits. As an employer, you pay more in payroll taxes for each former employee that collect benefits. Therefore, if you have an employee who was fired, it’s important that you protest his claim or appeal his determination so the state understands he doesn’t qualify.
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Fired and Disqualification
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Texas unemployment benefits are for those unemployed through no fault of their own. If you fire an employee for cause, he’s not eligible to collect benefits. However, the burden of proving the employee was fired for cause is on you. You must show some evidence to the TWC to back up your protest or appeal of that former employee’s claim.
Proving It
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The types of evidence you might present to the TWC to prove your former employer was fired can vary. You can bring a copy of the official dismissal slip you gave him, if applicable. If the problem you had with the employee was long term, consider showing a copy of the employee’s file, with the write-ups and disciplinary notes in it. If the reason you fired the employee was associated with a criminal offense, you can use a police report. You can also show notarized witness statements from other employees that witnessed the problem.
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Protesting an Application
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The first opportunity you get to talk to the TWC about your former employee’s job separation is during the initial application. You receive a notice that your former employee applied for benefits and you have 14 days from the date on the notice to protest it. You can protest by submitting your side of the story by mail, fax or phone. Protesting a claim makes you an interested party and the TWC will notify you of the claim determination.
Appealing a Claim
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If the claim is approved, the TWC notifies you. You have 14 days from the date of the determination to file a claim appeal requesting a hearing. At the hearing, you and your former employee can each provide evidence that supports your claim. An impartial administrative law judge oversees the hearing and makes a final decision regarding the claim.
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