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Disputing Unemployment Claims??

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    Disputing Unemployment Claims??

    So, long story short, we had an employee that had been with us about 30 days that we decided to terminate for several violations of company policy. Said employee then filed for unemployment, which we disputed. Now, Texas Workforce Commission has called back and somehow sounds like they will rule in favor of the employee. We will continue to dispute this. Has anyone had any luck or experience fighting and winning against TWC? Seems as if they always rule in favor of the employee, not the employer.

    #2
    Do you have documentation of his violations?

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      #3
      Have you had a telephonic hearing with the TWC? Following that they usually send a Decision. I have never received a phone call from the TWC after a hearing. You can appeal their decision to district court.

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        #4
        I’m going after the home builder I use to work for. I gave my two weeks and they didn’t pay me for my last day.

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          #5
          they are always going to lean towards employee bit they will rule in your favor if you can show they broke policy. There needs to be a paper trail and clear procedures. I went through this a few years ago and we "won". the arbitrator will mediate and get bothbsodes back of the story
          Last edited by BuckRage; 08-16-2019, 12:44 AM.

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            #6
            From what I’ve seen they will always rule for the employee unless you prove otherwise. Have your documentation in order and you can prevail.


            Sent from my iPhone using Tapatalk

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              #7
              As long as you have documentation of policy violations and a signed letter by employee of termination and in the letter it says why you fired the dumbazz you should be fine.


              Sent from my iPhone using Tapatalk

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                #8
                Yes. I have been in an arbitration case with a fired employee. The ruling was in our favor and the ex employee had to pay back 6k to the state. Make sure you have all your ducks in a row and its easy.

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                  #9
                  We just went through this as well with a terminated employee. Good documentation is the key. Try to provide as much detail as possible, dates, infractions, witness statements and such. Good luck!

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                    #10
                    Like others said, all depends if the Employer has their ducks in a row. Documentation of everything. Clear policies, Clear violations, Write-ups, Security footage, etc.
                    We fired a night shift guy for being on his phone all the time. He denied it, but we have hours of footage..... LOL

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                      #11
                      I've seen it all. It's a complete pile of BS.

                      We had a guy show up on his first day on a motorcycle. This is way out in West Texas and he traveled in the night before. The next day (1st day of work) he just got on his motorcycle and drove off without saying a word. "Worked" maybe 3 hours. He filed and it was a PITA to win. I wanted to scream at the agency lady taking his side.

                      After 3 or 4 more guys filing on us I got smart. I had a guy call our office manager and said he wanted to quit so he could be in San Antonio full time with his family. I told the OM to ask him to e-mail his resignation which he did. He then worked another week or so and left as per his letter. Unemployment fought so freaking hard for that guy I couldn't take it. We must have spent 12+ hours on the phone fighting that. They even called me (an owner) and drilled me over and over. I assume trying to catch me saying something/anything. All I said over and over was.. He quit on us, we actually need him really bad right now!


                      So OP - Good luck! Don't back down.

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                        #12
                        company I worked for (large company) for the most part did not even dispute the claims because it wa so hard for employer to win, even with just cause

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                          #13
                          Originally posted by Rick View Post
                          company I worked for (large company) for the most part did not even dispute the claims because it wa so hard for employer to win, even with just cause
                          Same here, I fought a few and would get tired of the phone calls with TWC. Sometimes it was worth paying unemployment just to get the cancer out of the shop. It only takes one or two sorry azzes to create drama and cause problems, then it typically starts spreading through out the shop. Grown azz men worrying about what the other guy does. Wait .... that could be TBH too

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                            #14
                            Cut your losses and move on. Been there, done that. They are the equivalent of the child support dept of the Attorney General, and you're "the man".

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                              #15
                              Do you not have unemployment insurance? Or do I not understand how to works?

                              Seems to me if you have ins it wouldn’t be worth fighting.


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