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    Employee quit and now claiming unemployment

    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?

    #2
    We had to let a guy go several years ago. He called to ask if he could file unemployment. I said sure that’s what we’ve been paying for for years and had never used. The accountant mentioned one day about how high our unemployment insurance was. I called them on it. They told me I had to pay back what he had collected in benefits from them. I asked where the money we sent them for the last 30 years went. She said it went to pay other claims. I lost my cool with the poor girl. Asked if I was the only business paying in to this scam.

    I’ve only heard stories otherwise but apparently the system is not set up for the benefit of employers. Any arguments you may have will fall on deaf ears, according to stories I’ve heard.

    Good luck.

    Comment


      #3
      Originally posted by Ryan C View Post
      We had to let a guy go several years ago. He called to ask if he could file unemployment. I said sure that’s what we’ve been paying for for years and had never used. The accountant mentioned one day about how high our unemployment insurance was. I called them on it. They told me I had to pay back what he had collected in benefits from them. I asked where the money we sent them for the last 30 years went. She said it went to pay other claims. I lost my cool with the poor girl. Asked if I was the only business paying in to this scam.

      I’ve only heard stories otherwise but apparently the system is not set up for the benefit of employers. Any arguments you may have will fall on deaf ears, according to stories I’ve heard.

      Good luck.
      This^^^^ Had an employee years ago claim hostile environment. He won and I lost. Had a disagreement with another employee and quit on his own.

      Comment


        #4
        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.

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          #5
          Do you have a letter of resignation or anything of that sort. If not, have other employees write up what they observed as far as the guy quitting. It can be won.

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            #6
            Originally posted by ACbob View Post
            Do you have a letter of resignation or anything of that sort. If not, have other employees write up what they observed as far as the guy quitting. It can be won.
            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

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              #7
              Including myself, I have never known the Texas Workforce Commission to find in favor of an employer. Never.

              You have my condolences.

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                #8
                It absolutely can be won. I beat one very similar to that. I countered with insubordination and hostile employee...

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                  #9
                  Had one file workers comp after two days from working too hard in a doctors office and developed bursitis in her hip

                  We never gave out our workers comp number

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                    #10
                    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


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

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                      #11
                      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.

                      Comment


                        #12
                        Originally posted by bboswell View Post
                        Wait for the phone hearing, you should be golden based on what you have posted.

                        This is what I did. I won both cases. Neither had a leg to stand on and it was obvious once both sides were presented. Good luck!


                        Sent from my iPhone using Tapatalk

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                          #13
                          TWC is a parasite. I have fought some and won, usually not worth the hassle though.

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                            #14
                            Had one guy file unemployment and workmans comp staying he had gotten a back injury, the day he quit he willingly signed a witness statement saying he was quitting due to other employment and on his own put I am not injured or feel uncomfortable just got offered another job with more pay. TWC denied his claim.

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                              #15
                              A friend of my wife’s husband was laid off, I had some contract work that was not difficult but was some money and work while he was looking for another job. I quickly found out why he was unemployed (slooooow) but kept him on. After about 6 months he got upset (I don’t talk to or treat people with kid gloves) and informed me he did not want to continue working. So after quitting on his accord a contract job he quickly filed for unemployment. Denied.

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