Seasonal and temporary employment are quite common. Once the season or the assignment ends, however, a seasonal or temporary employee might wonder: am I eligible for unemployment until I can find my next job?
In Texas, like in many other states, the rules governing unemployment benefits for seasonal and temporary employees can be complex and may vary based on several factors. This warrants a closer look into the specifics to understand whether such employees might qualify for Texas unemployment benefits.
What is Seasonal Employment?
Seasonal employment typically involves work that occurs during specific times of the year due to factors like weather, holidays, or industry demand. Examples include lifeguards during the summer, retail workers during the holiday season, and agricultural farm workers during harvest times.
What is Temporary Employment?
The Texas Workforce Commission defines “temporary firm” as a firm that offers client companies the services of its employees who possess certain skills sought after by the client company.
Client companies may seek “temp” workers for when they have peak demand seasons, staffing shortages, or personnel who are on extended leave for vacations, pregnancies, or illnesses, etc. Client companies are able to get coverage without needing to hire a temp worker indefinitely.
The temporary firm itself manages things like the worker’s hiring, firing, paychecks, payroll taxes, unemployment insurance contributions, and social security.
Eligibility Criteria in Texas
In Texas, eligibility for unemployment benefits, including for seasonal and temporary employees, is determined based on multiple factors, including work history, earnings, and the reason for job separation.
To qualify for unemployment benefits, an individual should meet at least the following criteria:
· One should have earned a certain amount of past wages in what is known as the “base period,” which is typically the first four of the last five completed calendar quarters before the claim is filed.
· One should also be unemployed through no fault of their own or working fewer hours through no fault of their own.
o Examples may include layoffs, company closures, reductions in hours or workforce, or resigning with good cause related to work (though this last one may pose difficulty for workers).
· One must actively search for new employment and able to work.
· For temporary workers specifically, workers must contact the temp agency no later than the next business day after one has completed an assignment.
· Temporary workers must then allow the temp agency three business days after the last assignment has ended to offer a new temp assignment before the temp worker can apply for benefits.
Obstacles for Seasonal or Temporary Workers
Seasonal employees in Texas may face difficulty in meeting the eligibility criteria for unemployment benefits due to the nature of their employment. Since this kind of work is inherently temporary, they may not have sufficient wages in their base period to qualify for benefits.
The Texas Workforce Commission has a Benefits Estimator to envision what your benefits may look like. However, this calculator does not definitively provide information on eligibility. The TWC also has a Benefits Tutorial for when you are ready to apply.
Conclusion
Navigating unemployment benefits as a seasonal or temporary employee in Texas can pose some unique challenges. However, being a temporary worker does not, in itself, disqualify someone from obtaining unemployment. As long as one is able to fulfill the normal eligibility requirements, one should be able to obtain unemployment benefits as well.
Staying informed about changes in unemployment laws and other benefits may provide alternate or additional avenues for relief. The Covid-19 pandemic, for example, engendered previously unprecedented relief for workers. Keeping abreast of updates may allow for added support when you need it most.
Finally, if you need a legal professional’s help for further questions, please contact an Austin employment lawyer today.