I never believe anyone when they say they were let go for no reason Theres always a reason even if you dont like it.
There is a one week waiting period before unemployment can kick in. If you have a job during that time you get zero
Also, if you are an independant contractor rather than a true employee you are not eligible. Also, some companies refute every claim as a matter of course to keep their Unemployment Insurance costs down.
Certain industries attract people who would rather draw un-employment.
If you were fired for cause, I think you are not eligible. Also, if you resigned I believe you are not eligible.
If Texas is an at will work state they dont need any reason
Usually people are let go because they dont fit in, theyre not producing enough, the company is down sizing. Less often people are let go for theft, harassment, disobeying the boss
The government is on your side. They want you to collect. If there is any way they will make it happen.
Have the company and the state of Texas refused to give you a written explanation as to why your claim was denied?
Sounds very strange.
Post their written decision here at Free Republic when you get one.
I always learn new things when issues like this come up.
Ive been through this so maybe I can help.
If you dont have one ask the representative of the company if they have a copy of the Employee handbook available. If they do ask them to run down the process for termination of an employee. If they didnt follow it to the letter you will win.
Specifically ask for copies of any warnings given whether they were verbal or in writing. Ask for dates, who issued the warnings, why they were issued, and how they documented it. If the warnings were written ask for certified copies submitted under penalty of perjury.
If they dont have one ask the hearing officer to delay the proceeding until they produce one for you to review. If the company rep balks ask the hearing officer to issue a subpoena for it. They have that power.
Trust me, theyll fold like a cheap lawn chair.
Your BIL gives excellent advice. Do NOT speak unless spoken to by the administrator. Good luck.
Some times, denial of unemployment claims is an automatic. Companies do this to see if you are “really” going to file a claim.
Its been decades since I was a Union Vice President so my memory isnt all that good on this stuff but I seem to recall in situations like this there is a government appointed person whose title I cannot recall that one can contact in these situations. They dont automatically get involved you have to contact them. I wish I could remember the tittle of the office but I cant. IIRC if you get them involved the company usually folds because bringing them in gets the government on your side. Maybe some other freeper can help.
It was a bad relationship. How much is the stress of dragging things out worth?
I would move on and not look back.
I’ve advised many companies in similar hearings. Facts and circumstances are key.
If you focus and holding on to your anger at them, and play victim, in the long run you will lose far more than one check. It will destroy you.
Your brother’s advice is probably the best advice.
I was never more frustrated about an employee getting unemployment.
There’s no way I’d bother with hearings, etc., for one week’s pay. You will be far better off letting it go and just focusing on your new job.
“Going to try for that one check as a matter of principle anyway.”
Good. As a life long business owner, employer, and manager for a couple very large corporations I think you should. If not just for yourself, but for the next employee they try to mess over.
Personally I never messed anyone over like this. It is self defeating. The last thing I would want is “never go to work for that guy!” floating around out there in the workforce preventing me from having the very best applicants available come apply.
Employers who mess over their employees like this end up with the table scrap applicants, and in the end it costs them much much more in turn overs and productivity. Contrary to popular belief, It is OK to treat employees with respect and appreciation. You will get back 10 fold what you invest in them if you treat them as “human beings”.
My wife had a friend, who worked for a local rural school system for 30 years. A school board member wanted to hire a young (and cute) girl to replace her, and they did. They were stupid enough to put in writing that my wife’s friend had stolen school supplies, which wasn’t true, she is someone who is as honest as the day is long. They fought paying Unemployment.
Got to the Unemployment hearing and the school rep was asked for a list of stolen supplies, inventory records, etc. The school rep said the information was confidential, the FBI might be investigating, it might be a statewide ring, it might be a nationwide ring. Everything was top secret!
The examiner about went ballistic. After scheduling the hearing, the school rep couldn’t cite a single item that was supposedly stolen and had the gall to refuse to even discuss the matter. Needless to say they were ordered to pay unemployment. Nothing more was heard about any investigation.
So yeah, most employers will fight to the bitter end, even if they don’t have a case.
Are you in IT? In our industry, unless you are a contractor, I’ve found that professional courtesy has most companies routinely approve UI requests, even for borderline-case firings.
I know someone who was told they were let go with cause who told the Unemployment office that was said, yet the Unemployment office requested proof from the company, and the lawyers never responded, so the person got unemployment.
You need to find out why they let you go. The unfortunately reality is that the vagaries of human nature is that most people, usually unknowingly, constant give predatory employers cause to let them go. This is not an accusation to you, but reality.
I don’t know the laws in Texas, but there should be a way for you to find out the cause that is giving them the ability to prevent you from receiving your unemployment.