Employee quit and now claiming unemployment

[RR 314]

Wait for the phone hearing, you should be golden based on what you have posted.

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.

[Take Dead Aim]

Including myself, I have never known the Texas Workforce Commission to find in favor of an employer. Never.

You have my condolences.

I'm 17 and 0. All wins. Document, document and document more. If you have backup you will win everytime.

[SmTx]

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.

Company I work for did business in California for about 1 year.

Every time we had to let someone go the judge responded in the same manner. Was it explicitly outlined that they cannot do what they did?

Every time we lost the case and the screw up got 50k for a year to not work.

[bdubb]

Employee side... My approved TWC claim for $16k in unpaid wages confirmed by the employer wasn’t worth the paper it was printed on after Chapter 11 court.

It’s not all unicorns and rainbows for employees either.

[hpdrifter]

Including myself, I have never known the Texas Workforce Commission to find in favor of an employer. Never.

You have my condolences.

That's strange, everyone I ever talked to that had quit or even got fired said they were denied benefits by the company I used to work for. Seems they fought every case and won.

[Arrow-Tek]

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?

Wouldn’t even worry about fighting it unless you have documentation on him like a write up sheet. The TWC sees it as long as he was employed he will get it.

[TX CHICKEN]

I'm 17 and 0. All wins. Document, document and document more. If you have backup you will win everytime.

Seriously? I wish ...I am the king of documentation and I am barely 50%. I lost a case with a drunk employee at work.


Sent from my iPhone using Tapatalk

[S-3 Ranch]

Only way we’ve found to beat these claims is documentation. It’s a headache and sometimes it feels extreme, but you’ve just got to write people up anytime they screw up and document it. If you can’t prove you’ve given multiple warnings and chances beyond chances, you’ll never win. I understand this is a different circumstance, but employers just have to be loaded with ammunition so to speak on these things.


We had one guy we hired and he never showed up. Ended up terminating him and without an hour clocked in, he somehow got unemployment. The system is flawed.

We had a guy that was caught mixing drinks and stealing alcohol , smoking weed
On security camera multiple times and TWC still ruled against us , I have no clue how we got jacked on that , or some of the other guys that would just not clock in for a couple of days, then expected to keep the job on unpaid leave

[Mexdeer19]

In my line of work, I actually like paying unemployment bc my place is way better without them!

[Stan R]

Years ago we could not legally employ a guy because he never got the new license required by federal and state law. It was in LA. We lost. Attorney saithd at was normal for LA.

[MacDaddy67]

You should have known...he is entitled to that money.....

I mean he actually showed up a few times didn't he?

[miket]

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

[miket]

He told me he is getting out of machining and sold me his tool box and tools last Friday!

Said he is getting out of machining. How is that my fault?

Yes, got a receipt for the tools and box

[sotx]

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?

If they quit, they more than likely will not get unemployment benefits. I have over the last 40 years ever paid benefits to an employee that quit.

[Farmdog]

I won my disputes, Ive had to defend myself in person but it was a lifetime ago. Probably apples and oranges, be polite and explain how much work there has to be done and that he wants to sit on his ssss