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In Texas, what constitutes resigning with "good cause" in order to collect unemployment benefits? Also, can my employer, City of Houston, adjust my hours by 30 minutes with no due cause and also force me to work overtime against my will on a regular basis?
State/Country of Question: Texas Already Tried: nada
Dear nada,
Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:
1. Do you have a written contract of employment?
2. Are you in a union?
I look forward to getting to work on this for you. Hang in there!
Sincerely,
S. Joy, Legal Expert
Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.
A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
No, I don't have a contract. I work for HPD as a MRT officer, which is not a commissioned peace officer's position. Yes, I belong to the Union - its called HOPE - its for city employees.
DearCustomer
Here is your main question, as you have 2 very unrelated questions in 1 post, I will seek to address this one as your main question:
"In Texas, what constitutes resigning with "good cause" in order to collect unemployment benefits?"
Answer: You must be unemployed or partially unemployed through no fault of your own to receive benefits. You should be prepared to present evidence that you tried to correct the problem before you quit.
Examples of qualifying reasons are:
You quit your job for a good well-documented work-related or medical reason. The TWC may rule good cause if the work situation would cause a person who truly wants to keep the job to leave it. For example possible good cause may be unsafe working conditions or a significant change in hiring agreement, or not receiving payment for your work. In addition, medical reasons, such as 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. If 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, that has also been held to suffice. In addition if you quit to move with your husband or wife, you may be able to receive benefits after a disqualification period. If you quit to move with your military spouse, Texas lets you receive benefits without penalty if your spouse has a permanent change of station longer than 120 days, or a tour of duty longer than one year.
Now, although you have extra unrelated questions in here, I will touch on them as best I can under the circumstances here:
Also, can my employer, City of Houston, adjust my hours by 30 minutes with no due cause and also force me to work overtime against my will on a regular basis?
This will very much depend on your union contract. Without a contract to the contrary, Texas employers can adjust hours as it deems fit, even far greater than 30 minutes, and an required OT. However, depending on your Union contract, which you should review, you may have contractual rights given to you beyond what your rights are under the law (that is the reason for the Union bargaining, theoreticallly). Your contract is your strongest ally here, and if it has been violated, you would have a claim for breach of contract and or with the LRB, potentially.
Hope this helps to clarify.
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