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Originally posted by Dusty Britches View PostYou cannot fire someone without cause, which means you have to build a case against them. If you have a written policy that describes immediate termination cases (arrest/ conviction for felonies, fabricating application or any work documents or tests, willful destruction of company property, etc.) and policy that describes the steps for termination for minor infractions - late for work - get written up, two or three write ups is termination. This is where HR experts are worth their weight in gold.
So you can fire or lay off for any reason, but you need to build the case first. Lay offs are a little different because these are due to downturns in business economy. These do pay unemployment but may or may not end when the person is rehired. A lot of times it is easier to cut a person's pay to pay them to stay home than to lay them off. Or only pay them for 4 hours.
Keep in mind - Labor Laws always favor the employee.
This is TEXAS
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Originally posted by tdwinklr View Postthe process is that you do not get UE when you're fired. I guess Tx Workforce knuckled under this time.
Be careful what you read on internet chat forums (including this information). Always do you due diligence.
Types of Job Separation
To be eligible for benefits based on the job separation, the person must be either unemployed or working reduced hours through no fault of their own. Examples include layoff, reduction in hours or wages not related to misconduct, being fired for reasons other than misconduct, or quitting with good cause related to work. If you paid wages to the individual during the base period, you would be charged if they received benefits.Fired
If you ended the individual's employment but he or she was not laid off as defined above, then the individual was fired. If you demanded their resignation, then we consider the individual fired.
A person may be eligible for benefits if they were fired for reasons other than misconduct. Examples of misconduct that could make them ineligible for benefits include violation of company policy, violation of law, neglect or mismanagement of a position, or failure to perform work adequately if capable of doing so.Quit
If the individual chose to end their employment, then he or she quit. Most people who quit their jobs do not receive unemployment benefits. For example, if the person quit the job for personal reasons, such as to return to school full time or stay home with their children, we cannot pay benefits.
The individual may be eligible for benefits if they quit for one of the reasons listed below:
Quit for good cause connected with the work, which means a work-related reason that would make a person who wants to remain employed leave employment. The individual should be able to present evidence that they tried to correct work-related problems before quitting.
Examples of quitting for a good work-related reason are well-documented instances of:
Unsafe working conditions
Significant changes in hiring agreement
Not getting paid or difficulty getting paid
Quit for a good reason not related to work, under limited circumstances. TWC may be able to protect your account from charge if the claimant quit for one of the reasons listed below. Examples include leaving work because of:
A personal medical illness or injury that prevented the person from working
Caring for a minor child who has a medical illness
Caring for a terminally ill spouse
Documented cases of family violence or stalking
Moving with the person's military spouse
Quit to move with the individual's spouse when the move is not part of a qualifying military permanent change of station (PCS). The person may be eligible for benefits but will be disqualified for 6 to 25 weeks, depending on the situation. The maximum benefit amount the person could be paid is also reduced by the number of disqualified weeks. TWC may be able to protect your account from charge if the claimant left work due to a PCS.
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Originally posted by tdwinklr View Postthe process is that you do not get UE when you're fired. I guess Tx Workforce knuckled under this time.
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Originally posted by stevieray54 View PostWas in California last week and heard on the news. That due to the shortage of nurses out there the hospitals are wanting to rehire the medical people that quit for not taking the Covid shot. Pay back is helz
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