Your Employment Rights During Disaster

Can I leave work or not report to work if there’s a disaster? Don’t assume that you can leave work or not report to work during a disaster unless there’s an official evacuation order. Texas law says your employer may not fire or discriminate against you for leaving work as part of an Emergency Evacuation Order. This is an official statement by the government recommending evacuation because of a disaster or potential disaster. If there is no officially declared evacuation, your absence may be considered personal leave, unauthorized leave, or possibly grounds for termination, depending on your employer’s policies
​
How do I get my final paycheck? Contact your employer immediately to let them know where to send your final paycheck. If you quit, you are entitled to be paid your wages in full by the next regular payday. If you were fired, you are entitled to your full paycheck within six days. "Final pay" includes regular wages, fringe benefits payable under a written policy, and any other component of your pay. Read your employment manual or contract. For wage complaints, call the Texas Workforce Commission at 800-832-9243.

Can I get unemployment compensation? Unemployment compensation provides temporary financial assistance to workers who are unemployed through no fault of their own. If you were fired (terminated “for cause”) you are not eligible for unemployment. If you were fired but not “for cause”, like participation in evacuation or layoff related to the disaster, you have the right to challenge your employer’s version in order to get unemployment compensation. If approved, your benefits are based on income from your past employment, not on need. To keep getting benefits, you must able to work and actively seeking employment. In disaster situations, these requirements may be suspended. If you are temporarily laid off and have a definite return-to-work date, work search requirements may be waived. File for unemployment benefits at www.twc.state.tx.us/jobseekers/unemployment-benefits-services. 

Continue Reading