Sometimes the Status Section is notified that
an entity is in noncompliance with the Texas Unemployment
Compensation Act (TUCA). These complaints, commonly
referred to in Status as "tattletales" can
come from an employee, employer or the general
public. Notification of noncompliance can be by
telephone or by written correspondence. No matter
who tells us about the violation or by what means
we are notified, the complaint should always be
taken seriously.
Employee concerns include a multitude of issues.
Some of these issues are: overtime, unreported
wages, contract labor and employee rights. Many
issues are within the realm of Commission authority,
others are not. When an employee's concern is outside
Commission authority, refer them to the proper
agency. When an employee's concern is within Commission
authority, but not a Tax issue, refer them to the
proper Commission program area. If you do not know
the correct department, take the caller's name
and telephone number, find out and call them back
with the information.
Concerned party complaints can come from an employer
or the general public. They can be in writing or
by telephone.
The most common way the Commission is notified
about noncompliance is by telephone calls.
If a caller's name is made part of Commission
records, the Open Records Act makes it necessary
to release the name to the entity under investigation.
Advise the caller of this and if requested do not
make the name or telephone number part of the file.
When in receipt of a call reporting noncompliance:
- Ask the caller for the name and address of
the subject.
- Ask the caller to explain the nature of the
complaint.
- Perform an alpha search to determine if an
EID already exists for the subject.
- If an EID does not exist, assign one to the
subject.
- Send an assignment by e-mail to Field Tax to investigate.
When in receipt of a written correspondence or e-mail of noncompliance:
Forward the written correspondence or e-mail to Field Tax Operations Section Manager.
Complaints of noncompliance against entities with
out-of-state addresses are rare. These type of
complaints can be via telephone or written correspondence.
When in receipt of a complaint against an out-of-state
entity:
- Ask the caller for the name and address of
the subject.
- Ask the caller to explain the nature of the
complaint.
- Perform an alpha search to determine if an
EID already exists for the subject.
- If an EID does not exist, assign one to the
subject.
- Send FL-25 letter with a new Employer Packet to obtain C-1. Must put a note on the letter to
Status Operations Unit (SOU) to send the New Employer Packet with FL-25.
