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Old 09-18-2012, 08:04 PM
 
27 posts, read 59,760 times
Reputation: 10

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In TX.
I was awarded unemployment benefits after my employer emailed that I was being let go due to a lack of revenue. They then appealed and claimed that the email was fraudulent and I just stopped communicating with work on a specific day. (I worked from home). I produced phone records to show that I did in fact speak to the office on several occasions on the day they claim I went MIA. I have not received the paperwork as to why TWC reversed the initial approval of my benefits but I am wondering, What now? Anybody have any luck appealing to the tribunal after the 1st appeal hearing?
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Old 09-18-2012, 08:22 PM
 
Location: Wisconsin
14,382 posts, read 19,160,414 times
Reputation: 6878
Texas is NOT claimant friendly. Default position for the state UE offices when employer contests is usually a denial. More so in states like TX and AZ.

You need to appeal, submitting the "fraudulent" (that's a first) email, your phone records. If you know a computer guru who can trace that email to prove it is not fraudulent, so much the better. Chances are it originated from the same IP address all the others you received from these people. Also, document the sequence of events carefully, and be prepared to appeal more than once. Persistence is key.

Good luck.
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Old 09-18-2012, 08:42 PM
 
4,170 posts, read 4,773,880 times
Reputation: 850
Type in the decision when you get it. I can't be sure that you already had a hearing or if your benefits got reversed on a redetermination.

If you know for sure that you had an official hearing, then don't delay and request the transcript tomorrow. You're going to need it when preparing an appeal to the board of review. This particular fact pattern would never result in a denial of benefits unless the ALJ used some crazy theory in concluding that you quit.
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Old 09-19-2012, 06:17 PM
 
27 posts, read 59,760 times
Reputation: 10
Received the letter today it cites. Credible witnesses testified that I could not be reached on July 3 2012 . It goes on to say. Employer attempted to contact the claimant several times but was unable to reach claimant, as claimant did not return to work or respond to their attempts to contact employer assumed claimant resigned.
The "credible witnesses" were the two owners who are also spouses and this is a company of 4 i(the two owners, myself and a part time receptionist).
It did not give any mention of the phone records I supplied showing that I did in fact communicate with the office and the owner on several occasions during the date in question. After I received the termination email at 9pm on the 3rd there was no reason for me to contact them or show back up to work.
I am speechless and dumbfounded that my AT&T phone log was not taken into account. Not sure what to state in my request to the commission. I did supply the termination email to the 1st phase contact back in July which was what allowed my claim to be accepted and for me to receive benefits from the start of July until now. Any suggestions?
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Old 09-20-2012, 01:01 AM
 
4,170 posts, read 4,773,880 times
Reputation: 850
Did you supply this same email at your hearing? Was this email part of your hearing packet?

It may not have been spelled out in the instructions, but what you submit when you first apply quite often is disregarded in an appeal because the appeal is supposed to be a full fact finding from the beginning. Therefore, you should have submitted the email as evidence.

You probably need the transcripts so you can try to find inconsistencies is the employer's testimony.

Please type in more of the decision. Were you discharged for misconduct, did you quit, were you unavailable for work because you didn't answer the phone. What were all the findings of fact?
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Old 09-20-2012, 06:20 AM
 
27 posts, read 59,760 times
Reputation: 10
The finding of fact was "The claimant resigned when she did not return to work, the employer was unable to reach the employee after July 2 2012. employer attempted to call claimant several times but was unable to contact the claimant. The claiment did not respond to calls or return to work after July 2 2012 as established by the evidence, the separation was initiated by the claimant.

At the hearing my employer stated they did not receive my evidence, phone records to be specific, although I sent the fax receipt to the hearing officer once I sent to my employer which was a week prior to me receiving any of their evidence. The hearing proceeded anyway but could it be that the hearing officer dismissed my phone logs because of the claim they did not receive them? If so, will they be considered by the commission in my request for a review? I also re-sent the records along with the termination email to the Commission but based on the letter it seems the issue is the no contact claim on the day of July 3rd which validates the email sent on the night of July 3rd as far as the hearing officer is concerned.
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Old 09-20-2012, 09:04 AM
 
4,170 posts, read 4,773,880 times
Reputation: 850
Having your evidence excluded by the ALJ because the employer claims not to have received it is a legitimate reason to list in your appeal to the commission.

I'm starting to understand what happened. The ALJ is saying that since you couldn't be reached on July 2, that the employer then sent you the email on July 3, and that your separation was more of a constructive quit rather than that you were discharged.

Now, you know what you're up against. If your excluded phone logs show calls on July 2, and July 3, then it's something worth putting in your commission review. Also, the transcripts of the hearing might have the employer slipping up. When your phone logs were excluded, did you make any complaints on the record? This is where many claimants make a mistake because you only get one chance to object, but so many claimants get the advice to not **** off the judge, so they make nice. It's ok to tell the ALJ that you object to having your evidence excluded.
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Old 09-20-2012, 01:22 PM
 
420 posts, read 787,057 times
Reputation: 114
I think there is judicial error in this specific case.

The referee should have offered you a 'continuance' because the employer refused to admit receiving information vital to your case.

In your appeal, make sure you note the fact the referee did not offer you a continuance of the trial so that your employer could be fed exed the information and be forced to sign for the package.

Note that you did not get due process of law because of this. Im sure there are other things you can bring up but this one I would certainly bring up.
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Old 09-23-2012, 11:59 AM
 
27 posts, read 59,760 times
Reputation: 10
It was strange. The hearing officer never said anything about the evidence being excluded. He said we would move forward with the hearing and if it became and issue he would stop the hearing. My employer didnt object to the phone records being submitted but it was unclear as to what evidence was submitted or excluded, no other mention of any of the evidence was commented on. I did bring up the phone records in my appeal to the Commission and that no notice of them not being admitted was said by the hearing officer. I had also faxed the fax receipt of my evidence to my employer to the hearing officer, because I had a feeling they would claim they never received it since it directly refuted their claim from the beginning that I was MIA on Jly 3rd, no mention of if that was admitted into evidence either. My next question is, i received my repayment demand today so do I have to start repaying now or wait until the Commission decides?
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Old 09-23-2012, 12:37 PM
 
4,170 posts, read 4,773,880 times
Reputation: 850
Texas doesn't allow for hardship waivers, but depending on your circumstances and wheather you value your credit rating, tax refunds being withheld, etc. You may opt to just not pay them. It's not a crime. You can't go to jail for it. It's just a regular collection account, and if you think you'll be filing bankruptcy in the end, you can clean up the mess later.
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