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Unemployment

Dallas Unemployment Benefits Lawyers

In Texas, you may be eligible for unemployment benefits if you are out of work through no fault of your own. The benefits may hinge on how long you were employed and your wages. Unfortunately, sometimes people who should be eligible for benefits are told that they are not. This can happen when an employer does not properly report what led to the separation or misclassifies an employee as an independent contractor.

If you make a claim with the Texas Workforce Commission for unemployment benefits but are denied, you will have an opportunity to appeal. The deadline to appeal a denial of benefits is very short. You should consult the Dallas unemployment benefits lawyers at Rob Wiley, P.C. right away if your benefits have been denied.

Eligibility for Unemployment Benefits  

If you have separated from your employer and you are no longer doing any job for pay, you can file a claim for unemployment benefits. You are supposed to be paid benefits if you left work through no fault of your own and are eligible for benefits. If you quit, you will have to prove that you quit for good cause connected with the work in order to be awarded benefits. However, if you were fired, the burden of proof is on your former employer. Unless the employer can prove that you were fired for misconduct connected with the work, you should be awarded benefits.

After you file the claim, the Texas Workforce Commission will mail a notice of initial claim to your last employer. Your former employer then has an opportunity to file a written response that indicates that it is a party of interest. This response preserves the employers right to appeal a decision that is not in its favor.

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 sufficient information about any facts about a work specification that might disqualify you from getting benefits. This must be something more than an employer believing that you should not get benefits.

Appeals of Decisions  

A decision denying you unemployment benefits may be appealed. An unemployment benefits attorney in the Dallas area can help you with your appeal.

There are different levels of appeal. The first appeal is to the Appeal Tribunal. If the Appeal Tribunal decision is not in your favor, you will have a very short deadline to appeal further to a three-person Commission. Keep in mind, if the decision is in your favor, your former employer will have the right to appeal. When there is a timely appeal, the Commission can affirm, modify, or reverse the Appeal Tribunal decision. A motion for rehearing is the final step of administrative appeals. Again the deadline to file a motion for rehearing is very short. The motion needs to provide new evidence and a compelling reason why it could not be provided earlier. If the Commission denies this motion for rehearing, a written decision that can be appealed to a court will be sent.

Incentive Packages

Sometimes employers downsize by offering incentive packages to employees to get them to resign or retire early. They may be trying to reduce layoffs and thereby also limit unemployment claims. However, if you were told by a manager or another authority figure in the workplace that you were set to be laid off, you may be able to get unemployment benefits even though you took the incentive package.

Seek Guidance From an Unemployment Benefits Lawyer in Dallas

Our firm understands just how important it is to employees who have lost a job to receive unemployment benefits. If you have been denied unemployment benefits, you may be able to appeal the denial. You should consult an experienced employment attorney about your situation. Call us at (214) 528-6500 or complete our online form to set up an appointment.

Client Reviews
★★★★★
I would recommend the Law Office of Rob WIley, P.C. to anybody needing assistance with employment rights. They did an incredible job of handling my case professionally and in a very resonable time frame. In my initial consultation with Rob Wiley I was given a very straight forward analysis of my claims after which Fadi Yousef was the attorney assigned to my case. Working with Fadi was the best. He showed care and a true concern for the direction and result of my lawsuit. Fadi was always available and was in constant communication with me throughout. I thank Fadi Yousef, Rob Wiley and his team for doing a phenomenal job, they were an absolute pleasure to work with. R.G.
★★★★★
Rasha, Eric and Rob did it again a Second time around! I'll admit, they are truly the BEST employment lawyers out here in the Metroplex! Not only they won a case against my previous employer, they also won my unemployment insurance (UI) case as well! It is such a relief and a huge burden off my shoulders about not worrying how I'm going to pay my bills now and provide food for my family. I can't say enough how awesome they are and how far they go to make sure you are taken well care of. Thank you so much Rasha, Eric and Rob for all that you did for me! J.T.
★★★★★
Rasha Zeyadeh and Rob Wiley provided a very professional and comfortable experience. My case was tough being in Texas, but, Rasha worked very closely with me to get the best result possible. She was extremely open to listening to my concerns and suggestions, while using her expertise to guide me to the best result in my case. I would definitely recommend Rasha and Rob Wiley if you are in need of their type of service. I will use them again if needed! K.G.