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Unemployment Claims And Misclassification Tax Audits

When is a former employee entitled to unemployment benefits? What is considered misconduct under the law? Was an employee improperly categorized as a contractor? Why is a contractor filing an unemployment benefits claim? What is the appeals process when the Texas Workforce Commission (TWC) issues an unfavorable ruling?

These are the types of questions employers find themselves asking after an unemployment benefits claim has been filed by a former employee, or an employee tax audit has been initiated by TWC. At Mills Shirley LLP, with offices in Galveston and Houston, our employment law attorneys provide experienced legal counsel to employers across the region.

The TWC Administrative Process

Understanding TWC’s administrative process is imperative. Our attorneys have handled many TWC claims while protecting employer clients from frivolous unemployment benefits claims. We can assist in properly drafting an initial response and providing a company with the understanding of what information should be submitted in both unemployment benefit claims. Even if the TWC determined that unemployment benefits should be awarded, options exist to challenge this ruling.

The TWC also conducts employee tax audits related to the misinterpretation of employee versus contractor. Just because TWC initially finds that an employee was improperly categorized as a contractor and taxes are owed, it does not mean an employer is not entitled to the due process afforded to it by the Texas employment statute.

With our attorneys’ in-depth knowledge of the administrative process, our clients get the benefit of knowing that they will not be taken advantage of by a government agency and that they were allowed to exhaust all of their administrative remedies. The attorneys will ensure frivolous claims, fines and penalties are avoided.

Navigating An Administrative Maze

When faced with the TWC’s administrative maze, team up with Mills Shirley. Our lawyers are able to turn that maze into a comprehensible process and ensure the business rights are protected pursuant to governing laws.