Unemployment Appeals Questions... (Houston: lawyer, unemployment benefits, income)

[ATXviaRR]

Hello All,

I Unfortunately lost my position at a company in the beginning of October of 08'. I was fired for comments of which I did not know what they were or to whom.

After 2 months or so, I was granted unemployment benefits from the TX Workforce Commission back to the date of being fired. They were never able to get ahold of my old company.

The company which I was fired from appealed on the last day they had the opportunity to appeal through a third party. They again did not disclose the comment or to whom the comment was said in the paper work.

The questions I have are:

1. If this appeal is found in their favor, do I lose my current\future benefits?
2. If this appeal is found in their favor, do I have to pay back my benefits?

I wouldnt be as nervous but I have not found a new position. I am very worried.

If anyone knows the answers, I would appreciate them to be posted.

On a modified note, if anyone is going through the same issues as me or is just unemployed, I hope the best for you and that you find a new position as soon as possible.

[ChristieP]

Originally Posted by ATXviaRR

1. If this appeal is found in their favor, do I lose my current\future benefits?
2. If this appeal is found in their favor, do I have to pay back my benefits?

Yes and yes. Ouch. Hearings are hard to predict. But the good thing is that Texas works in the former employee's favor, so your former employer would have to have VERY thorough documentation of the reasons they let you go. I've won on both my own side and the employer's side before.

Good luck!

[wehotex]

Originally Posted by ATXviaRR

Hello All,

I Unfortunately lost my position at a company in the beginning of October of 08'. I was fired for comments of which I did not know what they were or to whom.

After 2 months or so, I was granted unemployment benefits from the TX Workforce Commission back to the date of being fired. They were never able to get ahold of my old company.

The company which I was fired from appealed on the last day they had the opportunity to appeal through a third party. They again did not disclose the comment or to whom the comment was said in the paper work.

The questions I have are:

1. If this appeal is found in their favor, do I lose my current\future benefits?
2. If this appeal is found in their favor, do I have to pay back my benefits?

I wouldnt be as nervous but I have not found a new position. I am very worried.

If anyone knows the answers, I would appreciate them to be posted.

On a modified note, if anyone is going through the same issues as me or is just unemployed, I hope the best for you and that you find a new position as soon as possible.

I went through this when I lived in California. Same situation as you. I was collecting benefits and then wham, i get the letter stating that the employer wanted to appeal. Be prepared that your former employer might outright LIE to the admin judge about what actually happened. In my case, I had a doctor's note as proof, but it was faxed in wrongly and lacked the doc's signature page! The judge had an attitude and dissed me during our phone interview. I tried to remember as best I could, but my facts were fuzzy. The HR rep from the Co (along with her well paid lawyer) simply got by with a bunch of "I can't recall" statements. The judge ruled that I was "not a credible source" and ruled in the employer's favor. I would have been much better off with "I can't recall" statements. Yes, I was told that I would have to pay back the $$, but I got out of paying b/c I demonstrated that I had limited resources (not working and no assets) for a 2-3 mo period. Keep in mind that it was CA, not TX. Please just be prepared that the other side may play dirty like they did in my case and lie through their teeth.

[Houston3]

Like someone else said, your ex employer WILL LIE. I know because they always tried to get me to write people up using lies so they could get rid of them and not have to pay unemployment. I refused to do it.

Get all of your apples in a row before any meetings.

Be prepared to say your ex employer is lying. Don't be afraid , but tell the truth.

I'd think you have a right to know what was said and to whom it was said to if that was the reason you were fired. How can you defend yourself if you don't know what you are defending against?

Tell the TX Workforce Commission You need a copy of the paper work from your ex employer showing why you were fired and time to look at it with an attorney. Do it right before the meeting.

[ATXviaRR]

Originally Posted by Houston3

I'd think you have a right to know what was said and to whom it was said to if that was the reason you were fired. How can you defend yourself if you don't know what you are defending against?

Tell the TX Workforce Commission You need a copy of the paper work from your ex employer showing why you were fired and time to look at it with an attorney. Do it right before the meeting.

Well this is the second time I have had to go through this on this request for unemployment. My ex company didnt even respond to the TX Unemployment Commission with any of the information in the state formal requests for @ MONTHS!

They have this outsourced to a third party which I suspect is a bunch of lawyers who do this for a living.

The sad thing is that the phone for the TX Workforce is constantly busy so it is impossible (seemingly) to get this information you pointed out.

Thanks to everyone that posted!

[jessy7140]

how can u win appeal when ur ex employers lie and its ur word against theirs

[mskima]

I was approved for unemployement after getting fired from my second job of four years. In my first interview I stated I work partime for a company for 9yrs and was still employeed, for what ever reason this information was not documented now after receiving benefits for 8 months I have been told I fruadulently received benefits..WHAT??? I am at a lost for words my rep never told me I had to report my current benefits but to report the one's from my new job. On each occasion Ive spoken with TWC I stated info about my second job so clearly I had no idea of any wrong doing. I dont have enough income to pay this money all back at once as Ive submitted documentation stating so. I have be stressing over this for a almost a year now they have told me that I could go to jail for 180 days to 2 yrs in prison, I have a young daughter that I cant imagine leaving for any amount of time. This threat of jail time has taken a toll on my life and body I really need help on what are some options for me. All of my appeals have fallen on deaf ears after sumbmitting all the documenttation they have asked of me.

[CptnRn]

Originally Posted by mskima

I was approved for unemployement after getting fired from my second job of four years. In my first interview I stated I work partime for a company for 9yrs and was still employeed, for what ever reason this information was not documented now after receiving benefits for 8 months I have been told I fruadulently received benefits..WHAT??? I am at a lost for words my rep never told me I had to report my current benefits but to report the one's from my new job. On each occasion Ive spoken with TWC I stated info about my second job so clearly I had no idea of any wrong doing. I dont have enough income to pay this money all back at once as Ive submitted documentation stating so. I have be stressing over this for a almost a year now they have told me that I could go to jail for 180 days to 2 yrs in prison, I have a young daughter that I cant imagine leaving for any amount of time. This threat of jail time has taken a toll on my life and body I really need help on what are some options for me. All of my appeals have fallen on deaf ears after sumbmitting all the documenttation they have asked of me.

Sounds like you need to consult with a lawyer or the pubic defender's office if you cannot afford a lawyer.