Kalandra Wheeler
Kalandra Wheeler is a Board Certified Austin employment lawyer.

What Employees in Texas Need to Know About Unemployment Benefits

If you’re an employee in Texas impacted by the federal government shutdown (e.g., furloughed, working but unpaid, or facing reduced hours because of the lapse in federal pay), you’re not alone. This can be a very stressful financial moment for many. The good news is that you may qualify for unemployment benefits through the Texas Workforce Commission (TWC). You should visit: https://www.twc.texas.gov/programs/unemployment-benefits/applying-unemployment-benefits-after-federal-government-shutdown.

If you work in Texas and the shutdown has affected your federal employment, the TWC treats certain disruptions as a “layoff” or reduction in work that may qualify you for unemployment benefits. According to the TWC, if you are a federal employee who has been furloughed because of the shutdown, you are considered laid off. If you are still working but have not been paid or your hours have been reduced, you may consider contacting TWC so that they can review your situation and determine whether you meet eligibility requirements. 

When you apply, you’ll need basic information such as your Social Security number, date of birth, Texas driver’s license or state ID, and address, as well as details about your employment, including your employer’s name, location, and the dates you worked. You will also need to provide an estimate of the federal wages you earned in the past 18 months and proof of your federal employment. After you apply, TWC will send a form asking you to verify your wages and submit supporting documents. 

You can apply for benefits online through TWC’s Unemployment Benefits Services portal or by calling the TWC Tele-Center at 800-939-6631. After filing your initial application, you must continue requesting payment every two weeks and maintain your eligibility by being able to work, available for work, and actively seeking work unless exempted. Although your unemployment is caused by a government shutdown, eligibility rules still apply. Be sure to follow any and all instructions provided to you by TWC.

It’s also extremely important to understand what happens if you later receive back pay. If your federal employer eventually pays you retroactively for the shutdown period, and you have received unemployment benefits covering that same time, you will have to repay the benefits. The TWC makes this clear: “If you are paid retroactively for the period you were unemployed during the shutdown, you will have to repay the benefits you received.” In simple terms, you should treat any unemployment benefits you receive during the shutdown as a loan, because if you receive back pay later, you will owe that money back.

For your financial planning, it’s smart to apply for unemployment benefits promptly if you qualify, but also to budget as though you may need to repay that money. Try not to rely on it as permanent income. Keep detailed records of your claim, including

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Photo of Kalandra N. Wheeler Kalandra N. Wheeler

We asked Kalandra N. Wheeler, a Trial Attorney in the Houston office of Wiley Wheeler, P.C., to provide her sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Ms. Wheeler

…

We asked Kalandra N. Wheeler, a Trial Attorney in the Houston office of Wiley Wheeler, P.C., to provide her sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Ms. Wheeler brings.

1.Why did you start practicing labor and employment law?

I wanted to be able to help people that otherwise might not find help. Labor and employment laws affect most of society.  And – whether our results help one or many – our work and efforts as employment lawyers touch people in a real way in their every day lives.

2. Who is your favorite Supreme Court Justice?

Thurgood Marshall.

3. What do you think is the most important part of a good case?

The client. Good facts and evidence are definitely important. But good clients are a lawyers’ most valuable asset.  A good client: (1) is invested in their case; (2) works or worked hard for their employer; (3) can tell their story clearly and concisely; and (4) is someone that a jury will find sympathetic and relatable.

4. If you could write a new law, what would it do?

The Texas Workplace Anti-Bullying law.  I hear the stories, the ones told by employees looking for help. And in far too many of those stories the law offers no solution.  Every employee that goes to work and works hard to do the job they are hired to perform should be able to do so without abuse, harassment, and bullying. There is no justification for bullying, not in our schools, and not in our workplaces.

5. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

For a year before law school, I worked as a lube tech for Jiffy Lube.  I spent hot summer days, working on hot cars, changing oil or flushing transmissions or radiators.  I never had a customer come back with a complaint.

6. How do you market yourself differently than others?

I tell clients what they need to hear, not necessarily what they want to hear. Before a client begins down any path toward resolving an employment dispute, they need thoughtful, honest advice. I am a believer in justice and everyday people deserve competent representation in an arena that is difficult for non-lawyers to navigate.

7. What do you do when you’re not practicing law?

I spend time with family and friends.  I read true crime books.  I sew and draw.

8. How would you describe the color yellow to someone who could not see?

It’s not the intense heat of the sun during the month of August, but instead the softness of the sun on your skin just as the seasons change from Summer to Fall.  It’s warm. And soft to the touch.  It’s fresh squeezed lemonade with a hint of sugar.  Slightly cool, inviting, and happy.

9. What’s your favorite legal TV show?

Law & Order: SVU

10. If you could argue any case in history, what would it be?

The Karen Silkwood case. But really, I think that would be more about arguing and trying a case alongside Gerry Spence for the learning experience.

Kalandra N. Wheeler is a Trial Attorney in the Houston office of Wiley Wheeler, P.C.  She graduated from The University of Houston with a bachelor’s degree in political science.  Ms. Wheeler went on and received her law degree from The University of Arkansas.

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