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Old 03-11-2021, 10:50 AM   #51
SaltwaterSlick
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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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Yea, I'd probably lose that one! That is if you have to keep your cool during the interview... But then again, I'd probably be in jail by now for it already because my cool would have been lost when I found her in the act in my home...
Good luck with it Curt!
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Old 03-11-2021, 11:03 AM   #52
Kelmat
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My wife's former employer called her in and said we're going to have to let you go. No negatives, no write ups, stellar employee just needing to cut costs (20 year employment). This was on a Friday. She asked when her last day would be- told her today or Monday. She says today no sense in waiting until Monday so she chose that day. Filed for unemployment and was denied. Employer said she quit so they wouldn't pay- TWC backed them up. Horrible system
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Old 03-11-2021, 12:13 PM   #53
Graysonhogs
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Originally Posted by Kelmat View Post
My wife's former employer called her in and said we're going to have to let you go. No negatives, no write ups, stellar employee just needing to cut costs (20 year employment). This was on a Friday. She asked when her last day would be- told her today or Monday. She says today no sense in waiting until Monday so she chose that day. Filed for unemployment and was denied. Employer said she quit so they wouldn't pay- TWC backed them up. Horrible system


And a sh**bag employer


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Old 03-11-2021, 12:14 PM   #54
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Some good advice in this thread and some crazy case stories.

If you guys think Texas is bad, try winning cases in New Mexico, New Jersey, or Pennsylvania. Nothing surprises me about results that come from those areas. I always joke you could set fire to a building in some of those places and still win. Kind of funny that exact thing came up in this thread.

As stated earlier, a handbook, documented write ups, and documented resignation letters or resignation forms are key. Acknowledgements in the handbooks/policies or write-ups are important as well. If it gets to the hearing stage, the result will be dictated by the mood hearing official more often than not. I lost an airtight harassment claim once, and a different case where an employee cussed out and threw things at someone else, but have won cases we shouldn't have based on lack of supporting documentation.

If you're getting dinged on claims from employees that haven't worked there for months, it's because you're the base period employer. Their next gig didn't work out and you have to fight the claim or foot the bill because of the timeline requirements of the process

I've done hundreds of claims with tons of hearings and we have a 95+% win rate. They are a huge time suck, but the hearings can be pretty interesting, especially when the hearing officials get annoyed with the claimants
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Old 03-11-2021, 03:12 PM   #55
Kelmat
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Originally Posted by Graysonhogs View Post
And a sh**bag employer


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Agreed. Turned out to be a blessing in disguise. Had been trying to get her to quite for years. All worked out in the end.
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Old 03-11-2021, 04:00 PM   #56
meltingfeather
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Quote:
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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Unbelievable!
I guess Iím not surprised from a heroin addict but in for the resolution.
Do you have a written policy against smoking heroin on the job?
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Old 03-11-2021, 04:13 PM   #57
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So happy I'm retired and don't have to deal with such stuff. All the lib-tards and snowflakes out there would eventually give me ulcers for sure.
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Old 03-11-2021, 04:52 PM   #58
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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.
This.

My dad used to be a doctor. He came into the office one day to find a bunch of his patients standing outside his office with the door locked and a "we'll be back soon" note on it. He wasn't supposed to be at work that day but he dropped in for some paperwork or something. The patients were there for therapy of some sort that the office staff could do and the whole day was booked for these therapies. He said the first person had waited over an hour outside in the hallway when he got there. So he opened up and started doing all the therapy himself and about an hour later strolls in the employee, of course he fired the them on the spot. They claimed for unemployment and it was awarded even though he objected and wrote up the reasoning. He found out later the worker's excuse for locking up and leaving was that they had a job interview somewhere else they had to go to and it ran long.
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Old 03-11-2021, 05:55 PM   #59
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Quote:
Originally Posted by meltingfeather View Post
Unbelievable!
I guess Iím not surprised from a heroin addict but in for the resolution.
Do you have a written policy against smoking heroin on the job?

Section 14, Paragraph 4, Line 3 of the Joslin code of taking care of my mother-in-law: Donít smoke heroin on my property while taking care of my mother-in-law.
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Old 03-11-2021, 06:04 PM   #60
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Originally Posted by curtintex View Post
Section 14, Paragraph 4, Line 3 of the Joslin code of taking care of my mother-in-law: Donít smoke heroin on my property while taking care of my mother-in-law.
Perfect^^^^^
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Old 07-26-2021, 08:48 PM   #61
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Bringing this back up.

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

Pure scam, fraudulent claim.
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Old 07-26-2021, 08:53 PM   #62
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Originally Posted by miket View Post
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?
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Old 07-26-2021, 09:11 PM   #63
sharkhunter
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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?
They’ll call you and do a telephone interview and he’ll get denied. I’ve done it several times.
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Old 07-26-2021, 09:15 PM   #64
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Originally Posted by rtp View Post
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.
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Old 07-26-2021, 09:19 PM   #65
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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.
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Old 07-26-2021, 09:32 PM   #66
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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.
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Old 07-26-2021, 09:34 PM   #67
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Gotta get you a hearing, that's the easiest way to beat them.
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Old 07-26-2021, 09:38 PM   #68
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Originally Posted by Take Dead Aim View Post
Document, document and document more. If you have backup you will win everytime.
This^^^
My old employer fought every claim and I canít recall them ever losing even one. Documentation was instilled in us as managers from Day 1.
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Old 07-26-2021, 09:46 PM   #69
rtp
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Originally Posted by miket View Post
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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Old 07-26-2021, 10:02 PM   #70
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Just curious....how did you find this employee and what did you learn from all this with regards to new hires going forward?
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Old 07-26-2021, 10:03 PM   #71
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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".
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Old 07-27-2021, 05:38 AM   #72
miket
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Originally Posted by Man View Post
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...
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Old 07-27-2021, 05:49 AM   #73
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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.
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Old 07-27-2021, 08:28 AM   #74
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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.
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Old 07-27-2021, 08:32 AM   #75
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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
You got him there
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Old 07-27-2021, 08:33 AM   #76
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Originally Posted by sharkhunter View Post
Theyíll call you and do a telephone interview and heíll get denied. Iíve done it several times.
This...I have never had one go past the phone call
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Old 08-30-2021, 07:01 AM   #77
miket
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Originally Posted by miket View Post
Bringing this back up.

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

Pure scam, fraudulent claim.
Just wanted to update: second claim was denied
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Old 08-30-2021, 07:14 AM   #78
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They All try it. You just have to keep appealing.
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Old 08-30-2021, 07:16 AM   #79
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Originally Posted by miket View Post
Just wanted to update: second claim was denied
Is there a limit to how many times he can file?
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Old 08-30-2021, 07:19 AM   #80
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I’ve never had one go beyond one appeal.
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Old 08-30-2021, 08:04 AM   #81
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You can appeal if they decide against you. We have fought them all the way up when they quit.
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Old 08-30-2021, 08:06 AM   #82
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welcome to the new america. Sad!

Everyone wants something for nothing. Even moreso the left
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Old 08-30-2021, 08:07 AM   #83
rtp
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Originally Posted by miket View Post
Just wanted to update: second claim was denied
Congrats Mike.....good guy wins again.
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Old 08-30-2021, 08:12 AM   #84
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An employee can come in and point a gun at you and get terminated and I can ASSURE you that they will file for unemployment. It’s just the way of the west now. They will always put reason for termination as “ permanent layoff or wrongful termination. With all of the free money floating around these days they feel more intitled than ever. But the appeal process has been very fair to us. Documentation documentation documentation is your best friend.
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Old 08-30-2021, 08:27 AM   #85
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Just wanted to update: second claim was denied
Good deal Mike! Keep hanging in there.
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Old 08-30-2021, 09:42 AM   #86
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Originally Posted by miket View Post
Just wanted to update: second claim was denied

Happy to see this.


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Old 08-30-2021, 10:44 AM   #87
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Originally Posted by miket View Post
Just wanted to update: second claim was denied
Sweet! Glad to hear that!

I can say this - The US Department of Labor is the federalized version of a union. They essentially replaced unions and their sole purpose is to protect the employee, which means employers are guilty until proven innocent.

Keep this principal in mind when you have employees. Termination without cause is about the only reason an employee can justifiably claim unemployment. Employers should be ready, willing, and quickly able to prove terminations were with cause. Ie, employee poor performance - better have that documented and show you tried to help them succeed. (late for work falls under this.)
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Old 08-30-2021, 06:13 PM   #88
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Just wanted to update: second claim was denied

Good deal!
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