Address the Situation: Keep Your Mailing Address Up-to-Date

By: Elsa Ramos

Legal Counsel to Commissioner Joe Esparza 

Employers frequently lose unemployment claims by not responding to notices or filing timely appeals. A common cause is outdated contact information. For example, if employers move and update their mailing address with USPS but fail to update their address with the Texas Workforce Commission (TWC), they may experience delayed mail delivery. Delays in receiving time-sensitive documents can negatively impact their claims. Therefore, it is crucial for employers to ensure TWC has their current mailing address.

Legal Requirements

Title 40, Part 20, Section 815.3 of the Texas Administrative Code states that each employer, “shall notify the Agency of its correct address and of any change in its correct address, and each employing unit shall promptly notify the Agency of any change of address.” Therefore, keeping TWC informed of the employer’s most current address is not only a good idea, but also required by statute. The section further adds that, with few exceptions, “In all transactions in which notice is required by the Act or this chapter, the Agency shall notify the parties at the last known address as reflected in the Agency records.” 

Employer Options

Employers often need different mailing addresses for different purposes. For instance, for tax and payroll purposes, employers may want TWC documents sent to their payroll company, CPA, or other designated representative. However, when it comes to managing unemployment claims, employers often prefer to have these documents sent directly to them. Employers have the option to designate a specific mailing address for claim-related correspondence. Instructions for designating a claims address can be found here. A designated mailing address for claims helps employers avoid delays in receiving important notices and documents.

For even quicker delivery of documents, electronic correspondence is an available option for employers who prefer to receive claim documents electronically. Please note, in order to access electronic correspondence, employers must sign up for an Employer Benefit Services (EBS) account. Once registered for EBS, the employer can elect to receive Electronic Correspondence. 

This next part is important. Although included in the materials and instructions for Electronic Correspondence, many employers miss this information: Appeals documents are NOT available via electronic correspondence and WILL still be mailed to the employer’s mailing address. 

Since Appeals materials will be sent via regular mail, employers must still ensure that TWC has their most updated mailing address to avoid missing an unemployment appeals hearing or filing a late appeal.    

Consequences

What’s the worst that could happen if an employer misses a claim deadline or fails to appear at a hearing? An employer’s failure to update its address with TWC can have serious consequences. Employers may lose otherwise winnable unemployment claims if they do not timely receive notices and documents from TWC. Losing a claim can result in financial liability. Taxed employers can face chargebacks and increases to their unemployment insurance tax rates for several years. Reimbursing employers can be billed for their share of benefits paid to claimants. 

Section 815.32  sets out the timeliness rules. Subsection (b) states that, “A document mailed to a party is presumed to be received if the document was mailed to the complete, correct address of record.” The rules state that the proper mailing address for an employer will be determined under Section 815.3 (noted above). 

Employers are legally obligated to keep their mailing address current with TWC. If failure to do so results in delayed notices and missed deadlines or hearings, the employer may be left without recourse.

Bottom Line

Employers should ensure that TWC has their most updated mailing address for claim purposes. Even if employers choose to receive electronic correspondence for handling unemployment claims, appeals documents will still be sent via mail. Taking this simple step now can prevent costly consequences later. For questions or more information, please call 800-832-9394 or email: [email protected].