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In Texas, what constitutes resigning with good cause in order

 
 
 

Customer Question

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?

Submitted: 1013 days and 22 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country of Question: Texas

Already Tried:
nada

 
 
 
 
 
 
Posted by AlexiaEsq. 1013 days and 22 hours ago.

Response From Expert

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.

 
 
 
 
 
 
1013 days and 22 hours ago.

Customer Reply

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.

 
 
 
 
 
 

Accepted Answer

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.


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Doing so ensures I will be willing to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind 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 it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

 

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

Picture
Expert: AlexiaEsq.
Pos. Feedback: 99.2 %
Accepts: 3076
Answered: 8/13/2009

Managing Attorney/Lawyer

17 Years of Legal Practice Experience including Litigation, Trial work, Negotiation, Settlement

 
 
 

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