Texas Unemployment advice for employers...?

[Unemployed and Curious]

I think it is a conspiracy on the part of the TEXSUCKS Government. Not wanting to relinquish any funds because; I had worked for another employer prior to quitting this job and was granted days off due to the fact that they did not have any loads for me. I was told to call in on the third day and check on loads which I would have done anyway...only to find when I called in the dispatcher told me I was being let go. I told all of this to the UI case worker when I filed and she told me that the employer told her that I had abandoned a load...I told her how could this be when I was on days off and didn't have a load to abandon...The case worker still sided with the company and denied my claim.?????

[gea12345]

You need to appeal!! Don't they have legal aid in your city!!

I didn't understand the chronology of events totally, but I am sure your paralegal/lawyer at the free legal aid will...

go for it..


"had worked for another employer prior to quitting this job and was granted days off due to the fact that they did not have any loads for me"Unemployed and Curious

[gea12345]

Well, I read your link...and I see why you have your opinion that it favors employers.

However, Pennsyvania's says basically the same thing, but it is in the booklet they send to you, but not online. Online, the wording is more general.

What it says is basically true...the only thing that I would add, is that the burden on the employee is initially low. It increases if their intial determination is rejected. And because the burden on the employee is low, the employer must meet a high burden to prove that the employee committed act or acts that interfered with the employers business. And they have to give a warning, preferably repeated warnings. So, it really is not as unfair as you seem to think...!

To get unemployment, The employee must be fired or laid off. If they quit, it is an uphill battle.
The employee, must make sure that there is no confusiion as to whether they are fired, even to the point of asking the employer, "Am I fired". or Do I still have a job?
If you are fired, your chances of getting unemployment are very high!
if you did not use your work time to do personal things and if you did, your employer has no proof.
Pretty simple tenets, despite all the legalese on your Texas site.

good luck!

Originally Posted by fierce_flawless

Maybe I'm way off base here, but in doing a search for info on "good cause to quit", I came across the following, from a state of Texas official gov't website:

Unemployment Insurance Law: The Claim and Appeal Process

I realize it's a long and boring read, but if you look over it you will see that while some of it is just the facts (i.e what happens if there is an appeal, what to expect, etc) some other parts of it are very obviously "how to avoid having to pay out UI, how to word things, how to strengthen your case" and this doesn't seem appropriate, to me, from a government agency.

So I am wondering what the state of Texas is doing in basically advising employers on how to 'win' their case.

Shouldn't the TWC be an impartial entity who simply hears the facts and makes a decision? Shouldn't they be only providing facts on their website, vs. what appears to be ADVICE? If they are going to offer this huge section that is basically on "how to win" a UI claim as an employer, shouldn't they have a similar section on how to win if you are an employee?

Thoughts?

[gea12345]

I CHANGE MY MIND, YOU ARE RIGHT, I HAVE READ SOME MORE! AND YOU ARE RIGHT, THAT TEXAS SITE IS BENDING OVER BACKWARDS AND TOUCHING THEIR NOSE TO THEIR HEELS TO PROVIDE LEGAL ADVICE TO EMPLOYERS.!! HOLY MACKERAL!!

AND NO, PENNSYLVANIA DOES NOT DO THAT!


"Well, here's an example from the site.. and while I realize that an employee can USE this information, that's not the point. I'm wondernig why it's being specifically addressed to employers. Anyone else think this is simply criteria?Fierce Flawless"


p.s. regarding your other question, as to whether you can quit because of hazardous unsafe conditions. The answer is of course yes, but your battle will be uphill. Since, if you quit, it must be due to racisim, sexism, handicapism, and two or three more. There are very few legal exceptions that allow you to quit, and safety hazards are not one of them. However, if she reported them to the appropriate organization and documented the health and safety issues, your friend might win, if they hired a lawyer, but not very likely on their own.

good luck