Hours are being cut on a part-time job for awhile. Can a person collect for the hours lost?

not if you were part time

Unemployment Compensation

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Disclaimer: The information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own employment law problem, you should seek help from a licensed attorney.

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This pamphlet gives detailed information on the unemployment compensation system in Texas. If you were unfairly terminated you or forced to quit, you may have other rights besides the right to unemployment compensation. For more information, call the Employee Rights Project at Bexar County Legal Aid.

What is "unemployment compensation"?

Unemployment compensation is a government program that pays benefits to unemployed or part-time workers who are searching for work. The benefits are based on what you earned before you quit working, and usually last up to 26 weeks. The money comes from a tax paid by most employers. The Texas Workforce Commission runs this program.

Can I get unemployment compensation?

The best way to find out if you qualify is to check with the Workforce Commission. You can get unemployment compensation if you worked enough time in the year or so before you apply for benefits AND you are able to work, available for work, and actively looking for full-time work UNLESS (1) you were fired from your last job for misconduct OR (2) you voluntarily quit without "good cause." If you have a health condition that kept you from working in the last year and a half, but you are now able to work, give the Commission proof of this from your doctor. If you find part-time work, you can still get part of your unemployment check while you look for a full-time job.

What is "work-related misconduct"?

"Work-related misconduct" involves serious misbehavior that you knew or should have known could get you fired. Often, misconduct involves violations of an employer's policies about issues like absenteeism or work procedures.

Some examples of misconduct include: missing work without properly notifying your employer, using the employer's supplies or services without permission, lying to the employer, disobeying direct orders by a supervisor, and refusing to cooperate with co-workers.

Common reasons for termination -- such as inability to do the job, unsatisfactory performance, bad attitude, or personality conflicts -- are not necessarily "misconduct" and might not disqualify you from getting unemployment benefits. Some examples of behavior that is not misconduct include:

Missing work or coming in late for an unavoidable reason or with permission from the employer

Respectful disagreement with the supervisor

Looking for other work on your own time

Objecting to mistreatment by the employer

Filing for worker's comp or unpaid wages

Accidentally damaging property

Refusing to work on certain days or to perform certain duties due to religious practices known to the employer

Failing to work because of a medical problem

Refusing to do something illegal

Asking for clarification of conflicting orders

Being unpopular with co-workers

Participating in a union

Refusing to submit to a lie detector test

You can also defend yourself by showing that you could not prevent what happened, or that you acted in response to wrongful acts by your supervisor.

What is "good cause" for voluntary quitting?

Some reasons that can be "good cause" for quitting include: not getting paid wages or overtime, harassment by supervisors or coworkers, major changes in your job that make your job worse, unsafe working conditions, and unfair discipline. Before you quit, you must tell your employer about the problem (preferably in writing or with a witness present) and give the employer a chance to fix it. Also, if you can prove that you quit to avoid being fired, your employer will have to prove that you committed "work-related misconduct."

How do I apply for unemployment compensation?

Write out a statement explaining why you lost your job. Go to the nearest Texas Workforce Commission office, ask to file for unemployment compensation benefits, and give them your written statement. Be cooperative, and be sure to give truthful, complete, and consistent information about your situation. Give the Commission copies of any documents that back up your story. Always keep copies of your statement and the other documents you give the Commission, in case the Commission loses your papers or claims you said something different. NOTE: You will have to reapply for benefits every two weeks while you're out of work.

Carefully read over the booklet that you get when you apply. Make sure to look through the sections on "special circumstances" and "special programs." These t