The Texas Workforce Commission (“TWC”) issued guidance to unemployment claimants regarding continued eligibility for unemployment benefits if a claimant refuses a rehire offer. TWC reviews unemployment benefit cases on an individual basis. But due to the COVID-19 pandemic, the following reasons for refusal do not disqualify a claimant from obtaining unemployment benefits if the claimant refuses suitable work:

1. The claimant is a high-risk individual. The Texas Department of State Health Services’ website notes that individuals that are 65 years or older are at a higher risk of contracting COVID-19;

2. The claimant resides with a household member that is a high-risk individual;

3. The claimant is diagnosed with COVID-19 – that is, the individual tested positive for COVID-19 by a source authorized by the State of Texas and has not yet recovered;

4. The claimant resides with an individual that has tested positive for COVID-19 by a source authorized by the State of Texas, the individual has not yet recovered, and 14 days have not passed since the positive COVID-19 test results;

5. The claimant is currently in a 14-day quarantine due to close contact exposure to COVID-19; and

6. The claimant’s child’s school or daycare closed and there are no alternatives available.

Notably, the TWC guidance does not include refusing to return to work because the claimant is earning more on unemployment benefits as a listed reason for refusal. As Texas re-opens today, employers should consider the intersect between these listed reasons and re-opening their businesses.

If you have any questions about the TWC guidance or unemployment benefits in light of the executive order re-opening Texas, please feel free to contact Kemp Smith’s Labor and Employment Department at 915-533-4424.