Mass Layoff & Other Info from Texas Workforce Commission

MASS LAYOFF & SHARED WORK PROGRAMS AT TEXAS WORKFORCE COMMISSION

  • Hello all,
  • I hope this is everyone that was able to make it and of course, please share this info with your channels as we are all in this together.
  • Here is a link to this morning's conference call - https://fccdl.in/9ugNCJ8LxQ?st=475
  • Also below you will see the info sent to my from Mr. Simmons at the Texas Workforce Commission.
  • For Genuine Article Clients, your service manager is already working on the necessary next steps for your companies and employees. Email us directly or give me a call to discuss.
  • For those of you that are not clients but have further questions, please email me in this thread as we are starting to create a FAQ with the help of Workforce Solutions Capital Area.
  • Thanks to Mayor and the other speakers on the call today for taking the time to keep us informed.
  • I am confident that Austin can meet the challenge ahead, let's keep sharing information, working together (at a distance) and washing our hands.
  • Cheers,
  • BRIAN STUBBS
  • GENUINE ARTICLE // HOSPITALITY BOOKKEEPING AND CONSULTING
  • Disclaimer: The information below does not constitute either legal advice or an official pronouncement or position of the Texas Workforce Commission, but rather is only the personal opinion of the sender. The attorneys in the Commissioner's office do not give legal advice or make official rulings on agency matters, should not be cited as authorities in any matter before the agency or when dealing with agency staff about a case, and must minimize their involvement with administrative processes. They also do not give legal advice on any other matter, and any information they give should not be used as a basis for taking any employment-related action. Before taking any employment action that could adversely affect an employee, or before using any sample form or policy you may obtain from this office, you should consult a licensed private-sector employment law attorney of your choice.
  • Brian,
  • Here are the TWC links that were requested:
  • Shared Work Plan: https://twc.texas.gov/businesses/shared-work
  • Rapid Response Unit at TWC: https://twc.texas.gov/businesses/rapid-response
  • If a business shuts down due to a closure order from a governmental entity, Section 204.022(a)(1-2) of the Texas Labor Code may allow an employer to ask for chargeback protection – here is the relevant text from that statute:
  • Sec. 204.022. EXCLUSIONS FROM CHARGEBACKS.
  • (a) Benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if the employee's last separation from the employer's employment before the employee's benefit year:
  • (1) was required by a federal statute;
  • (2) was required by a statute of this state or an ordinance of a municipality of this state;
  • Link: https://statutes.capitol.texas.gov/Docs/LA/htm/LA.204.htm#204.022
  • I say “may allow” because TWC has no precedent cases on that exact situation, i.e., a business forced by government edict to shut its doors as part of a coordinated effort to deal with a pandemic. However, I see no reason why that argument would not be persuasive. That being said, each claim is different, and the outcome is dependent upon the facts of each individual case.
  • Regarding wage payment requirements, basic information about the Texas Payday Law and how it interacts with the Fair Labor Standards Act is found in the following article in our book Especially for Texas Employers: https://twc.texas.gov/news/efte/tpl_basic_issues.html.
  • Check the index of that book to find links to topics dealing with severance pay, wages in lieu of notice, unemployment claim eligibility, and paid leave benefits, among many other subjects.
  • I hope this information is helpful. Please let me know if you have additional questions.
  • The one and only next steps for the employees is to set up electronic correspondence as outlined on the site and below, and then wait for the paper correspondence from the TWC?
  • View Electronic Correspondence
  • If you have an unemployment benefits claim, you can sign up for Electronic Correspondence for online access to your unemployment benefits correspondence.
  • Electronic Correspondence allows you to receive most, but not all, of your unemployment notices and forms electronically in a secure, online mailbox. You are responsible for regularly checking your online inbox, regardless of whether you receive an email notifying you of new mail. All Electronic Correspondence documents are also available as accessible versions for visually impaired customers.
  • Once you sign up, you will continue to receive most of your TWC correspondence electronically until you opt out. You must opt out to stop receiving documents by Electronic Correspondence and return to paper mail. For more information, see the tutorial below.
  • Need Help?