Denied Unemployment Benefits.

[Chyvan]

You only have to live with what you actually wrote to them. The stuff the deputy put not so much. If the employer doesn't attend the hearing, I hope you can tell from what the decision said versus what the deputy wrote what parts you said that hurt you so that you don't say it that way again.

If the employer does show, the employer will be going first to describe your misconduct. If they don't describe misconduct, you don't have to try to defend yourself.

Some things to consider:

Warning is important in UI matters. The system recognizes that you don't always know that you are doing something wrong until you are told. So when you try to link the two separate incidents on the same machine, you are not doing yourself any favors. If you can say, "I was never told not to do that," that is to your advantage.

As for performance, I hope you've gathered that consistently doing a bad job is a good thing in the UI world so you should never try to say, "I never did a bad job," but rather, "I never met expectations in spite of the fact that I did the best job I could."

If they start asking questions about a rule, you can twist things. I'm getting the idea from reading this that you thought you were trained to perform this step. So if the rule was you were to call maintenance, you help yourself by saying, "I was trained to perform this maintenance." Also, you mention this "procedure," be sure that if it comes up that you somehow get the exact wording for it. If the wording is ambiguous, make that work for you. An employer can say things and attach a meaning to it, but when it's read as written, others might take it to mean something different.

[Tony0783]

If you still have time to help me i would appreciate it. My hearing is Monday morning. This is what what i am planning to say so far. Just going through everything in my head because i know things can be misinterpreted.

- I never met expectations in spite of the fact that I did the best job I could.
Should I elaborate?
- I don't remember ever having been told I had done a good job on this specific machine.
- I was trained to perform the maintenance. I had performed the same maintenance on this machine with little help in the past. I have personally replaced the damaged part in the past with no help.
- Procedure wasn't clear whether for safety or technical reasons that maintenance should be called.

There are some questions they may ask based on the Deputy's line of questioning. Keep in mind that the reason I was fired was for not calling maintenance which was considered a safety violation. Damaging the machine is what led up to that.

- The reason you were fired? Job Performance.
- Final incident that caused the discharge? Yes. Didn't call maintenance and damaged machine when I performed maintenance I had been trained to do.
- Had they ever been satisfied with you job performance? Not sure about this. They told me I had done a good job on other machines, but I don't think they ever made it clear they were satisfied with my performance on this specific machine.
- Ever warned or suspended for job performance? Yes. 1 1/2 years ago for 1 day on a different violation.
Elaborate? If they ask to elaborate it was because I forgot to follow a step in a procedure.
- Working to best of ability? Yes I was.

Also maintenance personnel worked on machine alone despite having less training than me. Not sure that would even matter in the hearing though.


These are the items I have to live by as you said since it was written.

- Did something specific happen that caused you to be fired? Yes.
- Explain: I misunderstood intent and failed to follow a step in a procedure involving machinery.
- Fired? Yes.
- Did you have a warning or suspension on the past? Yes.
- I forgot and failed to follow safety protocol involving the same piece of machinery.
- Did you do what you were warned about? No
- Explain: They were different violations involving the same machinery.

Like I said I am not really good at this but its worth a shot. Either way thanks for all your help earlier and I will let you know how it goes for better or worse.

[Chyvan]

This isn't how it works. The hearing is from scratch. If you employer doesn't show up, then you did nothing wrong, and you can end things without saying anything.

You can't preplan what you're going to say. You can't until the employer goes first which means you'll be thinking on your feet. They have to allege something, then prove it, and what they prove needs to be misconduct. When you're fired, saying nothing (depending on what the employer says) can be the way to win.

In your hearing packet, were there instructions to submit documentary evidence? Did you go view the file? What's in there? That will tell you just how hard your employer is out to get you if at all.

[Tony0783]

Well the employer didn't show up as expected. They asked me a few questions and let me go then sent a letter in the mail telling me they reversed the decision. They have already processed my back pay through direct deposit.

Now I just have to wait and see if my company tries to fight the decision. I am hoping not as I am quite tired of this. Thanks for the help Chyvan I will give you an update in about a month I guess that's about how long they have to fight it.

[Chyvan]

Yet another example of claimants that win and how the claimant is their own worst enemy in the early stages. I'm happy for you.

[Tony0783]

Just got my letter in the mail today so I have a quick question.

Under the claimant section it says the attached decision of the Appeal Tribunal will become final unless, within 14 days after the date mailed, further action is taken in accordance with the instructions contianed in this decision.

Under employer section it says "employer has no appeal rights".

Does this mean I am in the clear or do I need to wait and see before writing this off?

[Ariadne22]

Originally Posted by Tony0783

Under employer section it says "employer has no appeal rights".

Does this mean I am in the clear or do I need to wait and see before writing this off?

You're done. Most states let employers drag out appeals. TX may be hard on claimants, but clearly it puts an end to employer games, as well. The language means what it says.

[Tony0783]

Thank you sir. You and Chyvan have helped me more than you know and I wish the best for you both.

EDIT: Sorry I meant mam!