How can I prove I was laid off and not fired in Texas? (lawyer, unemployment benefits)

[Saworker210]

I came across an email from one owner to the other owner explaining that he was going to sue because the other owner had took 300,000 from the company in one year. The other owner replies pleading that he and wife would come back to work and would fire 5 management positions to repay the money if the minority owner would not take it to court. I have these emails saved off site for my protection. I am really scared because the email explained the phases in how they would do it and as of date they have fired 4 MGRs in 4 different departments. I am the last one standing only because they need me right now for one last special project,my department is IT. If they do terminate me and when they do, what are my chances of proving my job loss was a cut back and not because of work performance. Am I eligible for unemployment? It's not a good thing knowing you are going to get fired but I don't want to quit because it's hard to find jobs right now. Anyone have advice or instructions or opinions or any feedback! Anything will help. Thanks in advance.

[Backliteyes]

I don't have any advice on proving you were laid off, but you should have started looking for another job as soon as they got rid of the first guy. Unemployment helps, but it's not going to get you very far for very long unless your necessary expenses are no more than half your income.

[mamatotex97]

well I would say at the very least you could get a lawyer with the letters that you have. No way of knowing how it will turn out.
Meanwhile, get the resume ready and get it out there.

also check with the texas workforce commission.

[wehotex]

Originally Posted by Saworker210

I came across an email from one owner to the other owner explaining that he was going to sue because the other owner had took 300,000 from the company in one year. The other owner replies pleading that he and wife would come back to work and would fire 5 management positions to repay the money if the minority owner would not take it to court. I have these emails saved off site for my protection. I am really scared because the email explained the phases in how they would do it and as of date they have fired 4 MGRs in 4 different departments. I am the last one standing only because they need me right now for one last special project,my department is IT. If they do terminate me and when they do, what are my chances of proving my job loss was a cut back and not because of work performance. Am I eligible for unemployment? It's not a good thing knowing you are going to get fired but I don't want to quit because it's hard to find jobs right now. Anyone have advice or instructions or opinions or any feedback! Anything will help. Thanks in advance.

When a person is termed, the employer has to respond to your unemployment request from TWC. The employer has 14 days to reply. If the employer does not reply, the employee wins by default and is eligible for UE benefits. If the employer says that it was poor performance other than gross misconduct or theft, the employer normally must pay UE benefits, or they could just say layoff. In either situation, you would be eligible for UE. Your letters would be good to prove that it was a layoff situation rather than firing. either way you qualify for UE.

[RoamingWolves]

Unfortuneatly for you, unless this is a union job, employers do not have to have a reason to terminate you in Texas. As long as it is not for reasons of discrimination they can fire you to save money all they want. Also as an owner he is not really stealing from his own company so much as he is taking profits that the other owner may have been entitled to a share of. He is trying to reduce overhead at the company to allow additional profit that he is probably not taking a share of in an effort to repay the owner that got that shaft before. If they are in agreement to the situation there is little to be done baring something illegal is happening. Cutting peoples jobs to save money is not illegal. It sucks but it is not illegal. You would have to prove you were terminated for a discriminatory reason to have a case.

USAA does similar crap. They fire a bunch of people before they qualify for higher benefit packages to keep costs down. They do it every couple of years. And in Texas it is perfectly fine to fire someone to save money. They can even hire someone to replace you for less money. As long as they didnt do it for a reason that is protected by law( ie race, sexual orientation, obesity, gender etc).

Sucks to be in your position. Check with a lawyer but unless they are engaged in a criminal act with the money thing I think you are out of luck.

[majormadmax]

Remember, Texas has a “Employment at Will” law, which means that unless a written contract is in place, an employer may terminate an employee at any time, for any reason, or without a reason. The employee has the same rights and can quit the job at any time for any reason, or without a reason.

That said, you can find more info on unemployment benefits on the Texas Workforce Commission - Unemployment Benefits Services web site.

Good luck! M2

[ChrissyHeart]

If Texas is a right-to-fire state just like Florida they do not have to give you a reason to fire you. As an employer myself I cannot see why your previous employer would not write a letter saying you were laid off vs fired. You have the right to request unemployment to send them a verification letter and they will usually give them 14 - 20 days (depending on the state) to reply. Unemployment will 90% of the time side with you... I hope this helps!

[RGJ]

Originally Posted by majormadmax

Remember, Texas has a “Employment at Will” law, which means that unless a written contract is in place, an employer may terminate an employee at any time, for any reason, or without a reason. The employee has the same rights and can quit the job at any time for any reason, or without a reason.

Unless of course it's an illegal firing, such as discrimination for age, sex, race, disability, etc. Or for being a "whistleblower".

[huckster]

If you are fired there has to be a reason for it as far as the unemployment people are concerned.. Theft, incompetence, fighting
etc. If you are fired unjustly you can contest the grounds for calling it- being fired. If the reason for termination was a reduction of workforce it will be called laid off. I would call the labor board to ask for certain ahead of time - to be prepared for this situation.
There is such a thing as unjust termination. One woman living in New York City, has a lawsuit against a company who terminated her for just being "too good looking" thereby causing a ruckus within the office setting where she worked. It was on the Times website about a month ago.

Originally Posted by Saworker210

I came across an email from one owner to the other owner explaining that he was going to sue because the other owner had took 300,000 from the company in one year. The other owner replies pleading that he and wife would come back to work and would fire 5 management positions to repay the money if the minority owner would not take it to court. I have these emails saved off site for my protection. I am really scared because the email explained the phases in how they would do it and as of date they have fired 4 MGRs in 4 different departments. I am the last one standing only because they need me right now for one last special project,my department is IT. If they do terminate me and when they do, what are my chances of proving my job loss was a cut back and not because of work performance. Am I eligible for unemployment? It's not a good thing knowing you are going to get fired but I don't want to quit because it's hard to find jobs right now. Anyone have advice or instructions or opinions or any feedback! Anything will help. Thanks in advance.

[RGJ]

Originally Posted by huckster

If you are fired there has to be a reason for it as far as the unemployment people are concerned.. Theft, incompetence, fighting
etc. If you are fired unjustly you can contest the grounds for calling it- being fired. If the reason for termination was a reduction of workforce it will be called laid off. I would call the labor board to ask for certain ahead of time - to be prepared for this situation.
There is such a thing as unjust termination. One woman living in New York City, has a lawsuit against a company who terminated her for just being "too good looking" thereby causing a ruckus within the office setting where she worked. It was on the Times website about a month ago.

I don't think it was because she was "too good looking". I think it was because she displayed "too much boobage" at work.