December 10, 2021
On December 8, 2021, in a letter from the Texas Workforce Commission employers were reminded of Governor Abbott’s Executive Order GA-40. The executive order stated, “Employers cannot impose a COVID-19 vaccine mandate on an employee who qualifies for an exemption for religious, personal, or medical reasons”
The letter urges employees in organizations mandating the Covid vaccine mandate to notify TWC by calling (800) 939-6631 or emailing vaccine_job_loss@twc.texas.gov as their employer is in violation of GA-40. They closed with “TWC will refer verified tips to the appropriate authorities for prosecution”.
In a press release from the Governor’s office on December 8, 2021 they state, “Since day one, the State of Texas has taken a stand against the federal government’s unconstitutional COVID-19 vaccine mandates in the workplace, three of which have since been deemed illegal by federal courts,” said Governor Abbott. “My Executive Order clearly states that no employer can mandate the COVID-19 vaccine for an employee with a religious, personal, or medical exemption. We have now created a hotline for employees to report illegal vaccine mandates in Texas. While I encourage Texans to get the COVID-19 vaccine, it will always be voluntary, and never forced, in Texas, and we are committed to ensuring Texans’ livelihoods are not jeopardized by federal overreach.”
Access the Texas Workforce Commission Notification of Employers here
The Unemployment Benefits process requires:
- Initial Application for benefits resulting in a decision to pay/no pay benefits.
- This may be contested by the employee or employer resulting in a Tribunal Appeal requirement
- Tribunal Appeal for Contested Claims
- Recorded telephone appeal
- If payments have been made and a recipient is unsuccessful in this appeal, recipient’s are required to repay the employer/state.
- TWC Commission Review to Reverse a Tribunal Appeal
-
This is a written appeal requested within 14 calendar days from the date TWC mails the Appeal Tribunal decision. During this phase, the Tribunal Appeal recording is reviewed and the decision confirmed or reversed. If payments have been made and a recipient is unsuccessful in this appeal, recipient’s are required to repay the employer/state.
-
A Civil Court Filing is the last step in the process.
Personal Testimony from EX-Houston Methodist (HM) Employees Regarding Personal Unemployment Experiences
After the June 22, 2021, termination of hundreds of hospital employees from Houston Methodist refusing the Emergency Use Authorized (EUA) Covid 19 vaccine, many were forced to apply for Unemployment benefits through the state of Texas.
There was one known uncontested unemployment claim granted and Houston Methodist has chosen to dispute all others.
The one terminated HM employee that sailed through the process without protests from Houston Methodist was a Director at the Corporate level.
Most of the terminated employees were denied benefits early on or at some point in the process due to Houston Methodist’s choice to fight “tooth and nail” to prevent unemployment benefits being paid.
Some employee’s face the threat of repayments now. They were originally granted benefits with some nearing exhaustion of those payments that are now being threatened with repayment. Most of these employee’s are entering the Tribunal Appeal phase or scheduling TWC Commission Reviews. Some employee’s are already making their repayments.
We are hopeful the Executive Order by the Governor of Texas and the letter from TWC will assist these wrongfully terminated employee’s to be treated justly stopping the ongoing abusive reprisal’s by Houston Methodist.
