Table of Contents Index Previous Page Next Page    Top Ten Tips    Disclaimer

 

UI Claim Filing Process

  1. a claimant must list his or her last employment on the initial claim form

  2. the filing of the initial claim generates a claim notice to the last employer, which then has an opportunity to protest payment and/or chargeback of benefits by mail, fax, phone, or over the Internet

  3. the response deadline for the employer is short, only two weeks in Texas; on or before the last day, the employer must file a timely written response to the notice of initial claim in order to become a party of interest with appeal rights (response may be filed via mail, fax, hand-delivery, phone, or the TWC Web site at http://www.texasworkforce.org/ui/er.html)

  4. the employer should be as specific as possible in the claim protest

  5. employers have a qualified privilege to respond truthfully to a claim notice, ruling, or appeal in an unemployment case - that means that the employer may not be successfully sued for defamation based on information supplied to TWC regarding an unemployment claim (see § 301.074 of the Texas Labor Code)

  6. the claim examiner will usually contact the employer by phone for more details - it is best to let the claim examiner speak with firsthand witnesses (those witnesses who have direct, personal knowledge of the situation)

  7. the claim examiner will issue a written decision on whether the claimant is qualified for benefits based upon his work separation

  8. the initial determination will also have a chargeback ruling if the employer is a base period employer and filed a timely written response to the claim notice

 

Return to Businesses & Employers
Return to TWC Home