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.
How do you get time off from the new job to talk about the old job?
Going to try for that one check as a matter of principle anyway.
I figured that was the case.
If it was me, and the ball was already rolling, I’d go through the motions, on principle, just to show them that they can’t just get away with a denial so easily.
But it sounds to me like you benefited from being let go. You’re doing the same thing in a place that you like and fit into better. They did you a favor.
That’s the beauty of this economy. If you have a working brain, or body, or both, you can get a job, because there are a lot of employers who need stuff to get done. There are a lot of people out there who really don’t want to work at all. I feel like these people need to be so easily embraced and integrated into our society and civil structure (disabled, retirees and independently wealthy excluded, of course).
Sorry for the tangent.
Fight them on principle. It’s the best reason to.
don’t need to be embraced*
Thanks for info. Yes, they had progressive write ups as I tried to defend myself. One write up was for stepping on quotes. I was learning the system and previous quotes were hard to see on the software. It wasn't on purpose. Other new hires do the same thing. None were written up or suspended. Another software program created some kind of glitch which the company claims kept others from quoting. Was never clearly shown to me. Others made the same mistakes, but were not written up nor suspended.
The reason they gave you has to be consistent with the reason that they placed in your file....they can’t tell you one thing to spare your feelings while officially documenting a policy violation, for instance. In that case, the hearing official will go with the reason that most benefits you. In my 13 years in Human Resources I found that most HR problems were, if not caused, were certainly allowed to get worse, because of the company’s failure to follow its own policies.
You are correct. They offered a free apartment for three weeks to get me going, have fed me, the owner gave me $100 cash out of his pocket for doing well already, etc. -- Was never treated as well at previous company. You're correct.
It was a bad relationship. How much is the stress of dragging things out worth?
I would move on and not look back.
The company went "belly up" when his wife found out he replaced me with his new girlfriend.
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.
Generally, in order to deny unemployment, they need to give cause.
It may be EEOC. On second thought they probably wont do much for a white male.
My appeal was easy...the owner kept me on to train my replacement. When I told the hearing officer that, she did a double take.
He did me a favor, too. It prompted our move to North Texas, where we've lived the past 22 years. Still, those benefits were owed to me, and I wasn't going to let him off the hook.
My pleasure. Remember to be very specific when you ask for any and all documentation they may have. You have a legal right to every scrap.
Ask for copies of performance reviews if you got any. If they balk ask the hearing officer to compel them AND ask for a delay until they produce them.
Try to catch them being hesitant or uncooperative in any way. If you happen to catch them in any deception or falsehood ask the hearing officer to remind them that they are under oath and subject to charges of perjury. If its obvious ask the hearing officer to find in your favor right then and there.
Chances are he or she will. I caught a previous employer in a blatant lie once. I requested that a transcript be sent to the States Attoney office with a recommendation for prosecution. That got a chuckle out of the hearing officer. He gave them a choice. Approve the UC payments or deal with a prosecution.
Relax. Be confident but not cocky. Politely ask the hearing officer to explain your rights to you. He or she will. Politely ask for subpoenas to be issued if they dont want to produce documents. Its rarely done but they have the power to do so.
Most of all have a bit of fun. I know I did.
Best of luck to you. Please ping me if I can be of any further assistance.
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.
I was about to ask about matter of principle.
If there is no financial gain in fighting I will not fight.
If the matter of principle is higher then just me, meaning it will help others against something evil (company in this case), I would fight.
If fighting just makes me feel better it is not worth the fight resources. I can use the fight resources on something more rewarding.
“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”.
Years ago, I was fired for no good reason. They wanted my position free to hire an “ex girlfriend”.
I was denied initially - I appealed. He stuttered through the entire appeal. Won, collected 1 wk as I was back to work elsewhere. I only fought it to prove a point.
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.
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