Unemployment Eligibility

Have you been terminated from your job through no fault of your own? Have you been told you do not qualify for unemployment benefits? This may not necessarily be true. Your unemployment benefits should be determined by your wages, the length of time you were employed, and that your termination was in no way any fault of your own. Matt Scott Law is trained in unemployment law and will help you determine if you are truly eligible for unemployment benefits. Listed below are some things you need to consider when filing for unemployment benefits.

Determining eligibility:

Although, determining eligibility for unemployment differs from state to state, generally you will be eligible for unemployment benefits if, one, you have separated from your employer and are no longer being paid for doing any job, and that your termination was not due to something you did wrong. If you decided to quit your job, you have to prove that you quit for a good cause in connection with your job in order to be awarded any benefits. However, if you were terminated, the burden of proof of misconduct falls on your former employer.  If the employer can not prove that you were fired for misconduct connected to your work environment, you should be awarded benefits.

Incentive Packages:

Oftentimes, while trying to avoid layoffs or unemployment claims, companies will ask employers to resign or take early retirement.  However, if you were informed by a member of management that they were preparing to lay you off, you may be eligible for unemployment benefits even though you received a severance package. Before you sign your incentive package, have one of our unemployment benefit lawyers review your package.

Filing a Claim:

Upon filing a claim for unemployment, the Texas Workforce Commission will mail a notice of the initial claim to your former employer. In turn, the former employer then has an opportunity to file a written response that indicates their position as a party in this claim, which preserves the employers right to appeal an unfavorable decision. If the Texas Workforce Commission determines that the initial payment of benefits to you was a result of an employer’s inadequate or untimely response, and there is a pattern of this behavior, the employer can be denied the right to appeal. Sufficient responses are those that include enough information about any facts about a work specification that might disqualify you from getting benefits. This must be more than just an employer believing you do not deserve benefits.

Appealing denied unemployment claims:

There are many reasons why unemployment claims may be denied, such as failing to make a timely request for benefits, voluntarily leaving your job without just cause, misconduct on the job, and making false statements or allegations against the company or an individual in the company. If you feel your former employers have treated you unfairly or have been dishonest in their claim against you, then you could be in for a long battle. There are multiple levels to the appeal processes, each of them with their own challenges. You will need a qualified unemployment attorney on your side to help you through the tedious process.

Matt Scott Law realizes the importance of receiving unemployment benefits after the loss of your income. If you have filed for unemployment benefits and were denied, or if you need help filing a claim, visit our website or give us a call at (214) 965-9675 to speak to one of our qualified attorneys.

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