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Old 03-10-2021, 07:41 PM   #1
miket
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Default 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?
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Old 03-10-2021, 07:48 PM   #2
Ryan C
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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.
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Old 03-10-2021, 07:54 PM   #3
doghouse
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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.
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Old 03-10-2021, 08:01 PM   #4
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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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Old 03-10-2021, 08:05 PM   #5
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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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Old 03-10-2021, 08:10 PM   #6
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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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Old 03-10-2021, 08:19 PM   #7
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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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Old 03-10-2021, 08:20 PM   #8
SaltwaterSlick
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It absolutely can be won. I beat one very similar to that. I countered with insubordination and hostile employee...
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Old 03-10-2021, 08:23 PM   #9
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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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Old 03-10-2021, 08:24 PM   #10
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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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Old 03-10-2021, 08:31 PM   #11
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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.
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Old 03-10-2021, 08:32 PM   #12
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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!


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Old 03-10-2021, 08:33 PM   #13
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TWC is a parasite. I have fought some and won, usually not worth the hassle though.
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Old 03-10-2021, 09:42 PM   #14
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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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Old 03-10-2021, 09:55 PM   #15
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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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Old 03-10-2021, 10:01 PM   #16
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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.
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Old 03-10-2021, 10:01 PM   #17
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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.
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Old 03-10-2021, 10:04 PM   #18
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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.
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.
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Old 03-10-2021, 10:28 PM   #19
bdubb
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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.
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Old 03-10-2021, 10:35 PM   #20
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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.
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.
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Old 03-10-2021, 10:44 PM   #21
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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.
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Old 03-10-2021, 11:03 PM   #22
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Originally Posted by Take Dead Aim View Post
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.


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Old 03-11-2021, 12:34 AM   #23
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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
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Old 03-11-2021, 12:48 AM   #24
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In my line of work, I actually like paying unemployment bc my place is way better without them!
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Old 03-11-2021, 03:41 AM   #25
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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.
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Old 03-11-2021, 05:55 AM   #26
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You should have known...he is entitled to that money.....

I mean he actually showed up a few times didn't he?
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Old 03-11-2021, 06:01 AM   #27
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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
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Old 03-11-2021, 06:09 AM   #28
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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
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Old 03-11-2021, 06:13 AM   #29
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Quote:
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?
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.
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Old 03-11-2021, 06:31 AM   #30
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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
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Old 03-11-2021, 06:46 AM   #31
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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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Old 03-11-2021, 06:53 AM   #32
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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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Old 03-11-2021, 07:03 AM   #33
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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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Old 03-11-2021, 07:17 AM   #34
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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!


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Old 03-11-2021, 07:25 AM   #35
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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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Old 03-11-2021, 07:32 AM   #36
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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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Old 03-11-2021, 07:32 AM   #37
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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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Old 03-11-2021, 07:41 AM   #38
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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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Old 03-11-2021, 07:50 AM   #39
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sorry arse people nowadays! Looking for handouts.

Lazy
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Old 03-11-2021, 07:56 AM   #40
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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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Old 03-11-2021, 07:57 AM   #41
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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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Old 03-11-2021, 08:04 AM   #42
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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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Old 03-11-2021, 08:22 AM   #43
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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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Old 03-11-2021, 08:33 AM   #44
Hardware
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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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Old 03-11-2021, 08:41 AM   #45
zr2chevy22
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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.

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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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Old 03-11-2021, 08:51 AM   #46
kck
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Dang Mike, eerily similar to what happened at my shop. All they have to do is come up with some bull**** like hostile work environment or they got fired over the phone with no witnesses and they'll win their case. Hell, you can even prove that they were fudging hours and TWC's sorry asses will still pay em. I will say that it **** sure ended up being for the best, though.
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Old 03-11-2021, 08:57 AM   #47
stringmusic
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How long has he been working for you? Even if he were to win, it could fall back on his previous employer and you wouldn’t be responsible for any of the money. I cant remember off the top of my head what the timelines are, but it goes back a quarter and that may make his previous employer responsible for the unemployment. I have had that happen a few times.
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Old 03-11-2021, 09:04 AM   #48
curtintex
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Hold my beer.......

Got one pending. Caregiver for my dementia patient Mother-in-law. Caught smoking heroin while caring for said dementia patient. I had the pipe and cops came and picked it up. Got the letter from TWC on Tuesday. This might be my favorite hearing yet.


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Old 03-11-2021, 09:07 AM   #49
myway
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Originally Posted by curtintex View Post
Hold my beer.......

Got one pending. Caregiver for my dementia patient Mother-in-law. Caught smoking heroin while caring for said dementia patient. I had the pipe and cops came and picked it up. Got the letter from TWC on Tuesday. This might be my favorite hearing yet.


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Yeah ..you should probably record that conversation and share it.
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Old 03-11-2021, 10:49 AM   #50
SaltwaterSlick
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How long has he been working for you? Even if he were to win, it could fall back on his previous employer and you wouldn’t be responsible for any of the money. I cant remember off the top of my head what the timelines are, but it goes back a quarter and that may make his previous employer responsible for the unemployment. I have had that happen a few times.

Yep, I had one of those... Left me for higher pay... 4 months later got laid off... Filed... No Bueno... She quit denied... I happened to have a record of my counter offer before she left and they basically told her to pound sand...
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