Claimants who quit their last work voluntarily without good cause connected with the work are disqualified for benefits. Also, claimants who quit voluntarily rather than provide services to an individual with a communicable disease are disqualified. The disqualification remains in effect until the claimant returns to employment and either works for at least six weeks or earns wages equal to at least six times their weekly benefit amount. See If A Claimant is Disqualified from Receiving Benefits, Can They Requalify? for requalification requirements. A claimant may not be disqualified for voluntarily leaving due to medically verifiable illness, injury, disability or pregnancy of the claimant or the claimant's minor child. Neither will an individual be disqualified if the claimant quit rather than provide services to an individual with a communicable disease if the employer failed to make available the facilities, equipment, training and supplies necessary to preclude infection of the claimant with the disease. A partially unemployed individual who resigns that employment to accept other employment that the individual reasonably believes will increase the individual's weekly wages, will not be disqualified.
If an individual quits work to move with a spouse from the area in which the individual worked, the claimant will be disqualified for not less than six nor more than 25 benefit periods. The claimant's maximum benefit amount will also be reduced by the number of weeks of disqualification.
A voluntary separation is a separation from work in which a claimant terminates work through personal choice and action. When claimants are forced to leave their last work for reasons beyond their control, they are considered to have left ''involuntarily''.
A claimant whose work-related reason for separation from employment was urgent, compelling, and so necessary as to make separation involuntary has good cause connected with the work for quitting.
Claimants discharged from their last work for work connected misconduct are disqualified until they return to employment and either work for at least 6 weeks or earn wages at least equal to 6 times their weekly benefit amount. See If A Claimant is Disqualified from Receiving Benefits, Can They Requalify? for requalification requirements.
'Misconduct'' means mismanagement of a position of employment by action or inaction, neglect that places in jeopardy the lives or property of others, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to ensure orderly work and the safety of employees, but does not include an act of misconduct that is in response to an unconscionable act of an employer or superior
Claimants who fail, without good cause, to apply for available, suitable work when so directed by the Commission or to accept suitable work when offered will be disqualified until the claimant has returned to employment and either worked for six weeks or earned wages at least equal to six times the claimant's weekly benefit amount. See If A Claimant is Disqualified From Receiving Benefits, Can They Requalify? for requalification requirements.
In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to health, safety, and morals at the place of performance of work, physical fitness and prior training, experience and prior earnings, length of unemployment and prospects for securing local work in the claimant's customary occupation, and the distance of the available work from the claimant's residence.
In requalifying for benefits after a disqualification where the claimant must return to work for six weeks or earn wages at least equal to 6 times the weekly benefit amount, there are certain conditions that must be met. The claimant's employment must be in employment as defined in the Texas Unemployment Compensation Act or another states' unemployment compensation laws. The claimant must be separated from this new employment under nondisqualifying circumstances. For an individual to be considered to have worked for a week in satisfying the 6 weeks of work, it will be necessary for the individual to have worked a minimum of 30 hours during a seven consecutive day period, Sunday through Saturday.
It is the claimant's responsibility to present proof of the work and earnings necessary to requalify for benefits. The claimant must produce a document from the employer, or check stubs or other documentary evidence for the work and earnings.