Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Category Archives: Unemployment

Subscribe to Unemployment RSS Feed

Should You Ever Hang Up on the Texas Workforce Commission?

Posted in Discrimination, Harassment, Human Resources, Retaliation, Unemployment
In Texas, employees and employers are entitled to a telephone hearing before a hearing officer if either party disagrees with an initial determination issued by the Commission in unemployment benefit and Texas Pay Day Act claims.  There are some occasions, however, where an employer may consider foregoing these telephone conferences –even if it means losing the unemployment … Continue Reading

Handling Texas Unemployment Compensation Claims

Posted in Unemployment
Most Texas employers handle claims for unemployment compensation in-house (i.e., they don’t use an outside lawyer).  A good resource to consult when handling these claims (and for answers to many Texas specific employment-related legal issues generally) is published by the Texas Workforce Commission titled "Especially for Texas Employers".  According to its introduction,    Especially for Texas Employers has been written … Continue Reading

Texas Employee Violating Attendance Policy Denied Unemployment Benefits

Posted in Unemployment
Texas employees are ineligible for unemployment benefits if the are terminated from employment for "misconduct connected with the work."  Misconduct connected with the work includes "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy … Continue Reading

BREAKING NEWS: Texas Supreme Court Issues Opinion Enforcing Non-Compete Supported by Stock Options and Goodwill

Posted in Case Summaries, Human Resources, Noncompetes and Restrictive Covenants, Trade Secrets, Unemployment
The Texas Supreme Court has issued an opinion this morning holding that noncompetition agreements supported by stock options and good will are not unenforceable as a matter of law.  I previewed this case here.  As I have time to digest the majority, concurring and dissenting opinions, I’ll provide more thoughts on this case. You can … Continue Reading

S.B. 314 Prohibiting Chargebacks to Employer Unemployment Benefit Accounts for Benefits Paid to Victims of Sexual Assault

Posted in Legislation, Unemployment
Senate Bill 314 was enrolled in the Texas Legislature and would exclude, from an employer’s unemployment tax account (i.e., no chargeback), unemployment benefits paid to an employee who left employment because he or she (or their immediate family member) is a victim of sexual assault.  Bill text here.  … Continue Reading

Calculating the 2011 Texas Unemployment Tax Rate

Posted in Unemployment
There continues to be a substantial increase in the number of unemployment claims filed by Texas employees. This increase has the potential to raise the unemployment tax rate for employers that do not take proactive steps to manage their Texas unemployment tax rates.  The state unemployment tax rate is the only business tax an employer can control. To understand how to … Continue Reading

Texas Increases the Unemployment Tax Rate for 2011

Posted in Unemployment
The Texas Workforce Commission has published the unemployment tax rates for 2011.  The minimum tax rate increases from .72 percent to .78 percent.  The maximum tax rate; however, will drop from 8.60 percent to 8.25 percent.  The average unemployment tax rate will increase from 1.83 to 2.03 percent and the average experience tax rate will be 1.96 … Continue Reading

El Paso Court Holds Employee Abandoned Job –Did Not Quit for Good Cause

Posted in Case Summaries, Unemployment
Last week, the El Paso Court of Appeals affirmed a judgment in favor of an employer on an unemployment benefit eligibility issue where the employee, abandoned his job.  The employee was a Nationwide Financed Agent from January 2003 until November 2005.  A Financed Agent is an employee-agent of Nationwide who starts an insurance agency and operates it to the … Continue Reading

Lower Your Texas Unemployment Taxes

Posted in Human Resources, Unemployment
In this post I want to outline a series of steps an employer can implement that may decrease its unemployment tax rate and taxes.  The state unemployment tax rate is the only tax rate that an employer can effectively control.  Because the tax rate is calculated over a three year rolling average, it may take a year or two to start … Continue Reading