Skip to comments.Hearing today over ONE unemployment check (Texas) the company refuses to pay. Any advice?
Posted on 09/24/2019 4:45:07 AM PDT by MeneMeneTekelUpharsin
Company let me go for no real reason early this summer. Prior to finding another job, had requested ONE unemployment check and the company doesn't want to pay it. This is in Texas. Have hearing this morning on the phone at 7:30 a.m. - any advice from knowledgeable Freepers? My brother, who is a manager, said to stay calm and just stick to the facts. So, will do at least that.
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.
Did have a job within 2 weeks. Was called by a competitor (did not apply) and asked to come to work. That company is treating me well and glad I am there doing the very same thing and using the very same software. Nice not to have to retrain. Applied for one unemployment check and was denied. Appealing.
I know from personal experience, companies will appeal it to the bitter end. They dont want to see their rate go up, so they drag it out, hoping you give up.
Keep your cool, stick to the facts.
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.
Probably more this than anything else. Am not a heavy smoker, don't use curse words for adjectives and go to work early and leave late. Yeah, didn't fit in, I guess. lol. Going to try for that one check as a matter of principle anyway.
Called me on the phone (was working from home) at 5:00 p.m. to tell me. Didn't want to discuss it over the phone. Just done, you're gone.
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.
Thank you very much. Just got a call from the state. The administrator called in sick. The state is trying to find a replacement or may reschedule the hearing.
Some times, denial of unemployment claims is an automatic. Companies do this to see if you are “really” going to file a claim.
Man, thanks. This company will not fold. Pretty hard core bunch. I worked for his brother at another place for five years. We go along fine. However, after 20 months at this new place, office politics got going and this brother wouldn’t put a stop to it. Hostile work environment. God will take care of us.... thanks.
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.
Forget principle. Effort better spent on new job.
If you have a write up and suspension in the file, they'll probably be able to make the 'fired for cause' stick. They'll argue that they tried progressive discipline. Take comfort in the fact that the contested hearing will probably cost them more than you getting one week's unemployment will.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.