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    #31
    Originally posted by miket View Post
    I didn't document anything because he quit, wasn't fired. Should have got him to sign a statement about why he was quitting, but I know he wouldn't be required to sign it.

    I am trying to look at it positively. A new start with someone not so temperamental and more flexible.

    I knew from conversations and other situations that he was very greedy, but didn't expect this.

    Thinking back....I have bought stuff from him to help him out, let him use my tractor along with my truck and trailer to get it to his house! Loans, pay advances, flexible hours to help him etc
    Too late now but next time ask them to e-mail you a resignation. Ask them to write why they're quitting. Tell them it's just procedure so you can remain a good job reference in the future.

    We had a guy quit AND did it through an e-mail. We spent countless hours fighting TWC after he filed. I think we won but geez it was a pain.

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      #32
      Originally posted by bboswell View Post
      Wait for the phone hearing, you should be golden based on what you have posted.
      This. Keep your cool and stick to the facts. Had a similar situation a few years ago and the former employee lost their cool when questioned. We won the decision.

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        #33
        I think right now the TWC is trying to get all the money they can from employers because of all the money they're paying out due to COVID. I lost a dispute with them a couple of months ago that I should have been in no way responsible for. They also called me at 6AM on a Sunday for my "interview". Luckily I was up and answered the phone but why the heck are they calling that early on a sunday morning? I'm guessing so they can say they reached out but couldnt reach the employer.

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          #34
          I had one quit, and go to work for door dash and brag all about it online. Worked for them for two months and then tried to claim on me. Had plenty of documentation provided it and lost. She is still getting paid to sit at the house almost a year later!


          Sent from my iPhone using Tapatalk

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            #35
            Originally posted by RR 314 View Post
            Man, it all depends on who the judge is. Even before COVID they all work from home and some of the worst experiences I have had in the legal profession.

            I used to be general counsel for a huge bar company. Had an employee get fired for dumping a bunch of zippo lighter fluid on brand new flame resistant carpet in a club and lit it on fire just to see if it would burn. Completely destroyed the woman only to have the judge/hearing officer ask, "Well, do you have a written policy prohibiting the action taken by Ms. ________?" I asked the judge/hearing officer, "Are you asking if we have a written policy prohibiting arson?" She said, "That is exactly what I am asking." I said of course we don't. We don't have a policy against murder either, but we would fire someone if they killed a customer. . The judge/hearing officer FOUND FOR THE EMPLOYEE because we didn't have a policy against arson!!!

            I appealed the case to district court and the judge actually stated in open court, "This is the dumbest s___ I have ever read." We prevailed but what a waste of time.
            We must've had the same 'judge'.

            Caught a couple employees stealing ON CAMERA. I gave them a chance to come clean, they didn't, so I fired them.

            In the phone hearing they asked me the same thing about if I had a written policy prohibiting theft? I mean, is that even a question? Theft isn't allowed anywhere, its flat against the law

            I also brought up the same murder policy deal, she didn't find it humorous and found for the employee as well.

            Honestly, I could've fought harder, but the employee in question was the son of one of my great longtime employees so I was trying to minimize the bad blood.

            Chris

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              #36
              Originally posted by miket View Post
              Is that a catchall? Hostile work environment, claim approved? I admit I may be taking this too personally, but this may or may not be the same person I have paid for 40hrs despite working less than full weeks and many occasions. Thousands of dollars out of my pocket to avoid hardship.

              Several people told me not to,, and they were right.
              Yes it's a catch all. It's set up in favor of the employee 99% of the time. Doesn't take much to be "hostile" these days.

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                #37
                Crazy.
                We’ve been successful in fighting unjustified claims. Never had one get approved where the employee terminated. We always ask for written notice... knock on wood.

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                  #38
                  Originally posted by ThisLadyHunts View Post
                  Including myself, I have never known the Texas Workforce Commission to find in favor of an employer. Never.

                  You have my condolences.

                  as an employer my success rate is near 100%, its all about documentation and proper procedures.

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                    #39
                    sorry arse people nowadays! Looking for handouts.

                    Lazy

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                      #40
                      You need to talk to someone on the phone over there, or you could get screwed. My wife deals with this all the time. They have people quit, then go file for unemployment, in some very crazy situations. One just recently applied for unemployment, and is still working for the company. She claims she knows nothing about a unemployment claim. But the way she responds to questions, it's pretty obvious she did file a claim, and does not want to admit it, now that she has been confronted about it.

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                        #41
                        I had an employee quit, move 3 hours away for another job. And a year later tried to file unemployment. It was quickly denied

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                          #42
                          Originally posted by miket View Post
                          Only full time employee....he stated that he quit on the TWC form.

                          Interesting thing is the date on TWC form is 2/28/21 but he didn't quit till 3/1, and got several hours on his last paycheck from 3/1

                          It appears as it was premeditated, despite his words/actions on 3/1
                          Document as much as you can, such as what you just posted and have it ready, when you talk to them. Such as paying the full 40 hours, when he did not work those hours. Was the part he screwed up done on the 28th. It may have been intentional, hoping you would get made and create grounds to quit or get fired.

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                            #43
                            I used to do our TWC phone hearings for our company. It is such a crapshoot!!! I won some that I thought i had no chance in heck that I could win. I lost a few and those were ones that I thought we were golden and had no chance of losing. It depends so much on the hearing officer and you have to be prepared for the hearing. I also took a lot of notes for each case prior to the hearing and spent time going over all notes and facts of the case so I was well prepared to speak on the case. I would not have to search through notes or documents during the hearing call and could speak to the case factually and quickly while on the call. Just my thoughts, preparation was the key for me and keep your fingers crossed for a good hearing officer.

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                              #44
                              Setting guidelines at hire with employee handbook (for smaller companies you can get template off internet and modify to your needs) and what's expected is very important. Before hire they must sign document stating they have read and understand handbook material. This also gives you reference when employee is written up and really helps with TWC trial. Document everything even when they tell you they quit and have witness with you for verification. Have never lost case with TWC.

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                                #45
                                If you can show he violated a company policy and quit inlew of termination TWC will normally side with employer. But with him quitting, normally you don't qualify for unemployment if you leave on your own. Also he's only leaving cause they extended the federal unemployment of 300 extra dollars a week now so he figures he can live off doing nothing should he get unemployment.

                                Originally posted by miket View Post
                                Dont want to say too much and get in trouble or anything. But admit I pretty agitated. Employee quit and claiming unemployment. Stated significant changes in hiring agreement and hostile work environment as reasons.

                                We did have a disagreement about vacation, that I thought we had solved. But hostile work environment is full-on BS. I have never raised my voice, called a name, implied he was dumb or ugly or tall or whatever else he could claim.

                                In fact he had scrapped a part the day before ( costing me several hundred dollars ) and I flatly stated " well, we gotta make another one, I will cut more material in a bit". Thats it.

                                I have just filed my response on TWC site, but it sure didn't give much space to respond.

                                Any experiences, advice?

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