Employee quit and now claiming unemployment

[miket]

Bringing this back up.

Got a notice that the same employee filed again, this time claiming reduced work hours.

Pure scam, fraudulent claim.

[rtp]

Bringing this back up.

Got a notice that the same employee filed again, this time claiming reduced work hours.

Pure scam, fraudulent claim.

What happened to the first claim? Did I miss the result?

[sharkhunter]

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?

They’ll call you and do a telephone interview and he’ll get denied. I’ve done it several times.

[miket]

What happened to the first claim? Did I miss the result?

I thought I posted it but dont see it here so I guess not. Previous claim was denied.

[miket]

Im going to state that this is the second claim for same employee and different "reason". Then state previous worked week hours and weekly average over last 3 months. The only week he had less than 40 hrs was the week of the freeze for obvious reasons.

[rvd]

Be sure you reference his first claim being denied in your response to second, that has worked out well for me over the years. Don’t assume they know his first claim was denied.

[mikeyb_23]

Gotta get you a hearing, that's the easiest way to beat them.

[RascalArms]

Document, document and document more. If you have backup you will win everytime.

This^^^
My old employer fought every claim and I can’t recall them ever losing even one. Documentation was instilled in us as managers from Day 1.

[rtp]

I thought I posted it but dont see it here so I guess not. Previous claim was denied.

Good deal. I love it when the good guy wins.


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[Man]

Just curious....how did you find this employee and what did you learn from all this with regards to new hires going forward?

[hpdrifter]

I just don't see how anybody gets it. My wife was laid off in February and all they say is "you're not eligible".

[miket]

Just curious....how did you find this employee and what did you learn from all this with regards to new hires going forward?

This is the brother of one of my part time guys. I talked to my part time guy a few weeks ago ( I dont call him much anymore, he works a lot at his full time job and I have hired more here full-time) and he said he hasnt talked to him in months and he was surprised he ( former employee) lasted 2yrs....and that he is not eligible for rehire at his previous 2 employers.....yeah, I thought it was funny he didnt mention that when he recommended him for hire but that is his brother...

[miket]

Not sure what I have learned other than you just never know who is a crook. I have laid off and fired before ( as an employee at another company ) and almost universally it has gone well and we have parted on good terms. Even guys I have fired have seemed to understand and dont seem vindictive. Have even had them tell me they know Im just doing what I have to do and that Im a good guy etc.

I took this one personally because of the supposed reason for the initial claim. I probably shouldnt have, he just a crook and probably has nothing to do with me personally.

[PoppinPiggies]

Working for a staffing agency we deal with this a lot and win almost all the time. Have a lawyer look over your employee handbook you get them to sign when hired to make sure it will cover most your bases. Then like others said any documentation that can go along with your employee signed policies makes the cases all that easier to win. If it looks like it may be a sticky situation we will typically consult our lawyer on the best way to proceed.

[CastAndBlast]

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

You got him there