employer trying to fire me and not pay unemployment (collect, file, receive)

[jd433]

I think my employer is trying to fire me and not pay unemployment. Recently I was written up 2 times and both times they indicated Insubordination??? i believe this is an attempt to avoid paying my unemployment. I have been there for 3 years and have had difficulty lately getting results. This is in the state of Texas. Anybody had an experience with this kind of situation? It is mostly from
things like not bringing a report to a meeting that my boss requested or not being prepared for a meeting. Once one of my managers ordered something that I was told was not allowed. I forgot to communicate this to my manager.

[bobtn]

Not getting results, or bringing needed reports. Not being prepared. What's your question? Seriously, if those are the facts, you will lose any appeals.

[zaj2]

Originally Posted by jd433

I think my employer is trying to fire me and not pay unemployment. Recently I was written up 2 times and both times they indicated Insubordination??? i believe this is an attempt to avoid paying my unemployment. I have been there for 3 years and have had difficulty lately getting results. This is in the state of Texas. Anybody had an experience with this kind of situation? It is mostly from
things like not bringing a report to a meeting that my boss requested or not being prepared for a meeting. Once one of my managers ordered something that I was told was not allowed. I forgot to communicate this to my manager.

Make sure that you write a response to those charges of insubordination, rebutting each one of them and have them added to your personnel file, then request a copy of your personnel file. Also make a written request to meet with HR to discuss the matter.

[zaj2]

Originally Posted by bobtn

Not getting results, or bringing needed reports. Not being prepared. What's your question? Seriously, if those are the facts, you will lose any appeals.

That would be indicative of poor performance and not misconduct. Insubordination is misconduct which are grounds for termination wherein you probably not receive UE.

[Scal2010]

I would do as suggested and write a letter in response to each situation. Ask for a meeting with the HR person. Write a letter to your boss listing all the things you've done right too and how you want to exceed expectations. Show that you are making an effort. Most at-will states can always find a way to fire you, but at least you'll have paperwork in your file. Also, save copies for yourself. It's surprising how things get "lost" when dealing with legal issues.

[bobtn]

"That would be indicative of poor performance and not misconduct. Insubordination is misconduct which are grounds for termination wherein you probably not receive UE."

Poor performance also equals no UE.

[jd433]

I have contacted HR and set up an appointment to talk to them. I have made rebuddle letters for every charge that was made in the writeup and have emailed my supervisor to clarify and document that I did give him what he requested. On tuesday I have an appointment wih HR to discuss the writeup. I will also request to add my rebuddle letters to my file and will also request a copy of my file. My supervisor and HR are in cohoots on this. They will both get brownie points if I get fired and can not collect unemployment.

I also told HR that I have a "Hostile Work Environment" complaint against my supervisor and peers. Because I am being proded and harassed at our weekly meetings about shortcomings with my results. They are antagonizing me interrogations about what I am doing to fix the ongoing problems.

I can tell you that both the HR person and my supervisor are now very suspicious that I am trying to collect unemployment. They are covering their bases and being careful.

Your advice was great, now I have them on the defensive. They seem to know that what they do will will affect the outcome of my APPEAL.

DO YOU HAVE ANY OTHER ADVICE? ANYONE? remember this is Texas

[bobtn]

Have someone check your letters, for grammar and spelling. Not trying to be mean, but anything one puts in writing can be presented to DOL. The word is rebuttal.

[jd433]

Yes I guess I should checlk the spelling. Oops! Not a word I use often. Thanks for the correction though :-)

[zaj2]

Originally Posted by bobtn

"That would be indicative of poor performance and not misconduct. Insubordination is misconduct which are grounds for termination wherein you probably not receive UE."

Poor performance also equals no UE.

Show me where poor performance is a ground for denial of unemployment benefits. Once again, misconduct is a ground for denial of benefits but not poor performance.