Updates from the Office of the Commissioner Representing Employers

Texas Employers,

In recognition of April as National Internship Awareness Month, I want to highlight the importance of work-based learning in creating career pathways for students and a talent pipeline for employers. As you know, many students just aren’t aware of career paths that they might be interested in, and real-world experiences – job shadowing, mentorships, apprenticeships, internships, career days – can be gateways to opportunity. They open doors to better jobs, workplace productivity, and future financial security.

Research shows interns are 25% more likely to start a full-time job within six months of graduation, and even more importantly, 44% of interns stay with the company they interned with for five years or more. Training an employee from the very start of their career is a great way to ensure you have a workforce with the technical and soft skills you need to grow your business.

Keeping Texas working is a core mission at the Texas Workforce Commission, and I’d like to highlight a few programs that you might not know about.

Shared Work Program:

The Shared Work voluntary program provides Texas employers with an alternative to layoffs. This program helps Texas employers and employees withstand a slowdown in business. Shared Work allows employers to supplement their employees’ wages lost because of reduced work hours with partial unemployment benefits.

Apprenticeship Initiatives:

In apprenticeship programs, individuals get paid while they work and learn on the job from experienced workers. Individuals also attend job-related classes to learn even more. We have many initiatives, from critical skills and healthcare to transitioning veterans. 

Please don’t hesitate to reach out to my office if we can be of assistance!

- Joe Esparza, Commissioner Representing Employers

Texas Business Minute

Click here to watch the video

2025 Texas Conference for Employers

April 11: Uvalde - SOLD OUT April 25: Denton - SOLD OUT May 9: Amarillo June 13: Victoria July 10-11: Houston/Woodlands August 8: Abilene August 22: Round Rock September 5: Dallas

Another Week of Available Work: A Podcast with Commissioner Joe Esparza

We asked Glenn Hamer from the Texas Association of Business to share exactly what employers need to know about the evolving business climate in Texas. We’re talking about partnerships, the upcoming Small Business Freedom Council report, and the state's strategy for solving workforce development challenges. Think: community colleges, skilled trades, and the role of state policy. Tune in to learn implications for Texas employers and the state's economic future.

Click here to listen on Spotify

Notice of Maximum Potential Chargeback: What is it? By: Mario Hernandez Legal Counsel to Commissioner Joe Esparza  Employers can receive vast amounts of correspondence from the Texas Workforce Commission (TWC). A Notice of Maximum Potential Chargeback is one such type of correspondence. Understanding a Notice of Maximum Potential Chargeback is important for taxed employers who want to contest chargebacks to their TWC tax accounts. Why Did I Receive a Notice of Maximum Potential Chargeback? An employer can experience confusion when it receives a Notice of Maximum Potential Chargeback because often the claimant listed on the notice has not worked with the employer for a long time. However, if a claimant receives unemployment benefits, any taxed employer who has reported base period wages for the claimant can be charged back for the benefits that are paid. Taxed employers who have reported base period wages, except for the last employer that the claimant worked for, will receive a Notice of Maximum Potential Chargeback if the claimant receives benefits. What Can I Do If I Receive a Notice of Maximum Potential Chargeback? If an employer wants to contest the potential chargeback to its account, the employer must respond to the Notice of Maximum Potential Chargeback. It is critical to respond to the notice in a timely manner. The deadline to respond will be stated on the notice itself. Per TWC’s website, “you must respond within 30 calendar days of the mail date listed on the notice.” It is also important to respond by a method that is listed on the notice. If an employer encounters difficulty using one method, the employer should use another. It is also advised that the employer keep proof of its timely response. Failure to respond to the notice or to submit a timely response will result in a chargeback to the employer.

The response to the Notice of Maximum Potential Chargeback is the employer’s opportunity to explain why the claimant stopped working for the employer. Based on the employer’s response, TWC will issue a Charge Liability Decision which states whether the employer’s account will be charged. What Can I Do If I Do Not Agree with the Charge Liability Decision? Employers should appeal the Charge Liability Decision, appeal it timely, and keep proof of the timely appeal. They should also be aware that the deadline to appeal a Charge Liability Decision is different than the deadline to respond to a Notice of Maximum Potential Chargeback. Per TWC’s website: “You have 14 calendar days after the mailing date listed on the decision to submit a timely appeal.” In addition, there are other steps of the appeal process that the employer should know. For more information on what to expect after the appeal, and the appeal process itself, please visit the following link: https://www.twc.texas.gov/programs/unemployment-benefits/appeals-process-employers. Conclusion When a taxed employer receives a Notice of Maximum Potential Chargeback and wants to contest it, it should immediately identify the deadline to respond and respond timely according to the instructions on the notice. The employer should keep a copy of its timely response. By being familiar with this notice, an employer will be better situated to contest a chargeback to its TWC tax account. For more information on the Notice of Maximum Potential Chargeback and other information discussed in this article, please visit the following link: https://www.twc.texas.gov/programs/unemployment-tax/employer-unemployment-benefit-chargebacks.

Texas Business Today is provided to employers free of charge

Texas Business Today is a monthly update devoted to a variety of topics of interest to Texas employers. The views and analyses presented herein do not necessarily represent the policies or the endorsement of the Texas Workforce Commission. Articles containing legal analyses or opinions are intended only as a discussion and overview of the topics presented. Such articles are not intended to be comprehensive legal analyses of every aspect of the topics discussed. Due to the general nature of the discussions provided, this information may not apply in each and every fact situation and should not be acted upon without specific legal advice based on the facts in a particular case.

Connect with the Office of the Commissioner Representing Employers

Email: [email protected]
Mail: Commissioner Representing Employers
101 E. 15th St., Rm 630
Austin, TX 78778