Former Employer Appealing My TX UI Decision (letters, employment, interviewed)

[gomer123]

I worked for an agency for almost a yr. & just 2 wks. prior to the end of my 1 yr. probationary period I was given termination papers for all kinds of crazy allegations. Just 2 months prior I was given a cash bonus & time off for having an outstanding yearly eval! I always gave 100% or asked for guidance/training if I didn't understand anything. I never missed a deadline & all the "customers" I supported wrote support letters on my behalf & did not understand my termination. I lost my internal appeal as it went right back to the people that wrote the termination letter & NOT a 3rd party like I feel it should have gone to.

I resigned the day before my last day of termination to protect my long-term reputation as I did nothing wrong. I filed for Unemployment Insurance (UI) & the employer appealed it right away. I had a telephone investigation from TX Workforce Commission (TWC) & won based on "...found that your employer fired you for a reason that was not misconduct connected with the work." My UI began flowing and now today I received a packet in the mail from TWC stating the former employer has appealed the decision once again! To date, I have not been interviewed for any jobs (I am qualified for & applied for) connected with this agency. It's as if I am black balled, but that's another issue.

I was hired under a disabled vet program & I some mornings I cannot make it into work at a specified time due to medical issues I cannot predict or control. We are only talking 5-15 minutes max! I was counseled about being late & I had requested reasonable schedule flexibility (30-60 minutes - enough to cover any medical issue) but was denied for no tangible reason while other work sections gave all their vets any flexibility they asked for. There was no good reason for my denial. The stress from this ordeal has pushed my marriage to the very limits & if I loose this appeal, I will be in financial ruin & my wife will probably leave me because of all the stress.

The employer's appeal package states I was not "...given an ultimatum to resign or be fired. It's true he was going to be removed prior to the expiration of his probationary period for conduct & performance issues. However, he chose to resign before any removal action was completed." Correct me if I'm wrong, but if a written document says your last day will be X & it is final, what the crap does "removal" mean? Is that a lesser version of fired? This decision to be terminated by a certain date is black & white to me. Am I missing something here? Why has it become all the buzz now for employers to let people go while on probation for no reason at all in a Right to Work state?

How can I win this? I have never lied about anything but the employer says I did. Among a host of ridiculous accusations They say I jumped my chain of command, but I talked to all my superiors, just not in numerical order due to the fact my supervisor was working in another office & was unavailable. I always reported to work or called in as required & I was well liked by all my peers. Nobody could believe what they did to me & thought I had done something really terrible! How can I make this right without loosing my home & everything I have worked hard for?

[tex1901]

[quote=gomer123;20926878]I worked for an agency for almost a yr. & just 2 wks. prior to the end of my 1 yr. probationary period

Per TWC, probationary periods do not exist.


The stress from this ordeal has pushed my marriage to the very limits & if I loose this appeal, I will be in financial ruin & my wife will probably leave me because of all the stress.

Sorry to hear that. Does she remember "For Richer or Poorer, in sickness or in health, till death do us part".

The employer's appeal package states I was not "...given an ultimatum to resign or be fired. It's true he was going to be removed prior to the expiration of his probationary period for conduct & performance issues.

It is up to them to prove you had conduct and performance issues and I am sure they have been documented and you recieved copies or they will lose their case.

Good Luck My Friend

[gomer123]

"Per TWC, probationary periods do not exist."
- Is this a good thing or a bad thing? How will it effect my case?

"It is up to them to prove you had conduct and performance issues and I am sure they have been documented and you received copies or they will lose their case."
- There is very little "documentation" that I did anything wrong and zero documentation that says I was warned of any consequence or given a chance to correct any faults! How could I have received such a high eval & have such crazy allegations against me? Nothing makes any sense!

"Good Luck My Friend"
- I'm going to need more than luck, I need some concrete guidance!

[STT Resident]

Your employer will have to prove to the TWC beyond reasonable doubt and with documented evidence to support their claim/appeal that you're not entitled to continuation of benefits. Since one ruling has already gone in your favor it would seem likely that, unless the former employer has suddenly produced something new to offer in support of their assertion, you have little to worry about. The only "concrete guidance" anyone can offer you right now is to sit back and let the TWC do what has to be done. All the best.