What is Unemployment Insurance (UI)?

Unemployment Insurance (UI) is an employer-paid program that pays benefits to qualified workers unemployed through no fault of their own. The Texas Workforce Commission (TWC) pays temporary financial help based on workers' previous earnings, while they are looking for other work. Employer taxes and reimbursements support the Unemployment Trust Fund. Employers cannot deduct any money from employees' paychecks to pay for this program. Apply for UI benefits anytime online or call the TWC Tele-Center nearest you.

The Texas Unemployment Compensation Act, Title 4, Subtitle A of the Texas Labor Code, governs UI benefits in Texas. From here on, we refer to that law as the Act.

How Do I Apply for UI Benefits?

Apply for UI benefits anytime at ui.texasworkforce.org or call the TWC Tele-Center nearest you.

How Do I Qualify?

The Act sets qualifying requirements in three main areas: your past wages, your last job separation, and ongoing availability and work search. You must meet all of the requirements in the three areas to receive benefits.

1. Your past wages

To receive benefits you must have a payable claim. A payable claim means you earned a specific amount of wages during a recent 12-month period called the base period. The base period is the first four of the last five completed calendar quarters before you applied for benefits. (Calendar quarters are three-month periods beginning the first day of January, April, July, or October.) This means that when we calculate benefits we cannot use wages in the calendar quarter in which you filed your claim, or the quarter just before that. We calculate your weekly benefit amount on the highest quarter earnings in your base period. We divide that high quarter's total earnings by 25 to get your weekly benefit amount. We may have to adjust this amount to be inside the allowed range of benefit amounts in Texas. Your weekly benefit amount will be between $61 and $426 depending upon the wages you earned. Your maximum or total benefit amount is the lesser of 26 times the weekly amount, or 27 percent of all your wages in the base period. To estimate possible UI benefits, use our Benefits Estimator. After you apply for benefits, we send you a Statement of Benefits with your potential benefit amounts. We can pay benefits only to individuals who have payable claims.

To have a payable claim you must:

  1. Have wages in at least two of your four base-period calendar quarters; and
  2. Have total base period wages that are at least 37 times your weekly benefit amount; and
  3. Have earned 6 times your new weekly benefit amount since the time you qualified for benefits on a prior claim.

If you were out of work for a prolonged time during the base period because of a medically verifiable illness, injury, disability, or pregnancy, you may be able to use an alternate base period. If you meet the requirements, TWC could use wages you earned before your illness or injury. If you qualify under both a regular and an alternate base period, you decide which base period to use.

2. Your separation from your last work

You must be unemployed or partially unemployed (reduced hours) through no fault of your own to receive benefits.

Examples of qualifying reasons are:

  • You were laid off due to lack of work.
  • You are still working but the employer reduced your hours. (Your reduction in hours must not be because of a disciplinary action.)
  • You were fired without work-related misconduct. Examples of misconduct are a violation of company policy; violation of law; neglect or mismanagement of your position; or failure to perform your work acceptably if you are capable of doing so.
  • You quit your job for a good well-documented work-related or medical reason. You should be prepared to present evidence that you tried to correct the problem before you quit.
    TWC may rule good cause if the work situation would cause a person who truly wants to keep the job to leave it.
    • Examples of possible good cause are unsafe working conditions or a significant change in hiring agreement, or not receiving payment for your work.
    • Examples of medical reasons are quitting on your doctor's advice, or quitting to care for a minor child, or quitting to care for a terminally ill spouse if there is no alternative care provider.
  • You quit to protect yourself from family violence or stalking, evidenced by an active or recently issued protective order, a police record documenting family violence or stalking directed against you, or medical documentation of family violence against you.

In addition:

  • If you quit to move with your husband or wife, you may be able to receive benefits after a disqualification of 6 to 25 weeks. This is a disqualification of both time and money, because we must subtract the number of weeks from your total benefits.
  • If you quit to move with your military spouse, Texas lets you receive benefits without a disqualification if your spouse has a permanent change of station longer than 120 days, or a tour of duty longer than one year.

3. Ongoing availability and work search requirements

During each week you claim benefits, you must:

  • Make an active search for full-time work, unless TWC exempts you from this requirement
  • Be physically able to work
  • Be available for full-time work
  • Apply for and accept suitable work
  • Be registered for work search online at WorkInTexas.com, (select logon as job seeker) or with the nearest Workforce Solutions office. Find a list of public workforce offices (PDF) in your state where you can register for work search. Many states allow you to register online.
  • Call TWC, or call or report to a Workforce Solutions office, as instructed

Is My Claim Confidential?

Yes.  However, we share some information with certain government agencies, when the law allows it. The law allows TWC to release information if necessary. These agencies use the information for programs like Medicaid, food stamps, and child support. In addition, if you receive payment by debit card, we share your information with Chase Bank because it manages your debit-card account. Government agencies and Chase Bank must keep your claim information private. TWC mails a written notice of your claim to your last employer and may communicate with your former employers about your claim.

When Will I Know My Benefit Amounts?

We will mail you a Statement of Benefits the next business day after you applied for benefits. The Statement of Benefits tells you:

  • The base period used for your claim;
  • The wages your employers reported paying you during each quarter of the base period; and
  • Whether you earned enough money to qualify for benefits based on those wages

If you earned enough money to qualify, it tells you the 12-month period your claim will be in effect, which is your benefit year. Your benefit year stays in effect for those dates even if you are disqualified or you receive all of your benefits. In other words, the money may run out before the year is over. The statement also gives your potential benefit amounts. The weekly benefit amount is the amount we can pay you for one full week of unemployment. Your maximum benefit amount is the total amount we can pay during your benefit year. Your weekly benefit amount will be between $61 and $426 depending upon the wages you earned.

Check to make sure the Social Security number (SSN) matches the number on your Social Security card. Look at the employer(s) and the wages listed, and check to see if all your wages are included. As you check the wages, keep the following tips in mind:

  • The wages are listed in the quarter they were paid to you, regardless of when you earned the money.
  • The law does not allow us to use some types of wages to establish claims. Some examples are:
    • work as an elected official
    • work for a foreign government
    • work for a church
    • work for your son, daughter, husband, or wife
    • most work as an insurance agent or real estate broker
  • The first Statement of Benefits usually does not include wages received from work for the federal government, military service, or work in other states. We will send you an adjusted Statement of Benefits when we receive those wage records.

What if Wages Are Missing or Wrong?

Call us if you believe there are any mistakes on the wages. The phone number is on the Statement of Benefits. Mistakes might include missing wages, the wrong amount of wages, or wages that are not yours. Contact us quickly so we pay you the right amount of benefits-no less and no more than due. If you receive benefits based on incorrect wages or wages that aren't yours, you must
repay any overpayments. You may request that we correct your wages at any time during your benefit year.

After we determine your correct wages, we send you a new Statement of Benefits. If you disagree with the new determination of your wages, you can appeal. There are instructions for appealing a determination later in this information.

Who Pays for UI Benefits?

Employers' UI taxes and reimbursements pay for your benefits. Unlike income tax or Social Security taxes, employers cannot deduct money from workers' wages to pay UI taxes. The Texas Workforce Commission (TWC) administers the UI program in Texas.



Last Verified: October 18, 2011

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Last Revision: October 18, 2011