Legal Question in Employment Law in Texas

Unemployment benefits -- Uncle Joe's exception

I was terminated by an employer in TX (unlawfully, subject to an initiated federal lawsuit now) and Texas Work force comission denied unemployment benefits (subject to a petition filed for a judicial review with TX district court) that did not bother to check the facts.

In the meantime I moved to another state and took a temporary job that expires on May 1. Does the ''Uncle Joe's Exception'' applies here, and do I reaply for unemployment benefits and where -- TX or my new state where the last temporary job is?

What is the significance of pursuing the unemployment benefits claim, in view of the fact that a federal case has been filed (with the EEOC commission giving right to sue notice, etc.)?

I would appreciate answers from those knowledgeable about the subject. Thanks.


Asked on 4/20/06, 4:50 pm

1 Answer from Attorneys
Blair Brininger Blair Brininger

Re: Unemployment benefits -- Uncle Joe's exception

I have been practicing labor law since 1990 and I have never heard of the Uncle Joe's exception. Since you have filed a Federal lawsuit I presume you have a lawyer. Direct your question to your lawyer. Also make sure you tell him/her of your move and change of address.

If you have not sued and have the right to sue you have 90 days to sue from your receipt of the notice. If you have not hired a lawyer contact one in person immediately.

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Answered on 4/21/06, 10:28 am


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