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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am working a temp job that I was told would be 40 hours a

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I am working a temp job that I was told would be 40 hours a week for 1 to 2 months. I am not getting the hours promised....and cannot leave on what I do make. Am I eligible to file for unemployment if I do not stay at this job with reduced hours, and subsequently reduced pay?

Cindy - Texas

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation, at this point since you only have been there a few months quitting would make it difficult for you to obtain unemployment benefits,

wallstreetfighter :

you can stay on the job and apply for partial unemployment benefits, as the employer cut your hours,

wallstreetfighter :

that may be the better option,

Customer:

If they tell me they no longer need my services, would I be able to collect then?

wallstreetfighter : Section 207.003:


Benefits for Partial Unemployment

(a) An eligible individual who is partially unemployed in a benefit period is entitled to partial benefits for that benefit period.


(b)


The amount of a partial benefit is computed by:


(1)


adding the individual's benefit amount and the greater of $5 or 25 percent of the benefit amount; and


(2)


subtracting the amount of the wages earned by the individual during the benefit period from the amount computed under Subdivision (1).


(c)


In this section, "wages" has the meaning assigned in Subchapter F, Chapter 201, except that the limitation of wages provided in Section 201.082(1) does not apply.



wallstreetfighter :

If they terminate you would be able to collect benefits, if you have worked the required the base year as required by the state,

wallstreetfighter :

To be monetarily eligible to file a UI claim, a claimant must have on record with the Texas Workforce Commission (TWC) a minimum level of earnings during the "base period" established by the claim; the base period is defined by each state, but is generally a year-long period of time lagging behind the time that the initial UI claim is filed.


 


In Texas, the base period is defined as the "first four of the last five completed calendar quarters" prior to the date the initial claim is filed. An easier way to think of it is to take the calendar quarter in which the initial claim is filed (the "quarter in progress"), as well as the quarter immediately preceding that (the "lag quarter"), and disregard those quarters.

Customer:

I left my last job after 17 months in May. Would they consider that as my base year?

wallstreetfighter :

yes they would go back

Customer:

So I would/should receive my full benefit amount/

Customer:

?

wallstreetfighter :

if you did not have much of a gap, you should be able to qualify under TX law

wallstreetfighter :

If terminate you would be able to obtain benefits,

Customer:

Thank you, XXXXX XXXXX been very helpful.

wallstreetfighter and 4 other Employment Law Specialists are ready to help you

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