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Fired - need recourse help to get IU? Texas

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  • Fired - need recourse help to get IU? Texas

    I was fired from my job today due to "inefficient and careless performance of duties". I worked as a dispatcher for a local delivery company and screwed up a couple of deliveries, altho they were quickly fixed and the customer was fine with it.

    I feel as if my boss made a mountain of a molehill and as if he was looking for a reason to get rid of me.

    I was written up twice for this in February of this year, but I don't think I was able to perform my job duties properly and he knew this, but just let me stay in the position. This wasn't the original position I was hired on as - they "promoted" me to it. I was just doing office work when hired.

    I had worked for the company for 2 years. The first 7 months was office work, the rest of the time was in the dispatch office.

    I was wondering about these things I dealt with at my job and if any of it would help me in any way if I had to fight to get my UI benefits:

    1. Working 50 hours a week on salary and also every two weekends as "on-call" - having to work an extra 4 hours. Not getting any "comp" time or over-time pay for it.

    I was hourly when I first started there, and then moved into the dispatch office and then they switched me to salary - and I never signed any paperwork or got anything explaining any "exempt" or "non-exempt" type of status for it.

    2. Not getting any lunch breaks since we were short-handed in the dispatch office.

    3. I ended up getting Grave's Disease while I worked there (Hyperthyroidism), which I felt was due to stress of the job. I am still going thru treatment and not 100%. Most of the time I felt run-down and tired, unable to really concentrate at times. My boss knew I was sick for the last year and how I was feeling, but still kept me working all those extra hours. At least he was nice enough to let me go to all my doctor appointments! And no, I never called off sick because of it.

    4. Non-professional manner of my boss - yelling and berating me when I'd make mistakes. I don't think he ever had any proper supervisory training on how to deal with employees.

    5. No reviews or evaluations for the last year and a half I had worked there.

    I filed for my UI tonight after I got home. So I guess we'll what happens.

    Thanks in advance for any advice or comments...
    Last edited by mickey65; 06-12-2009, 08:58 PM.

  • #2
    1. If you were incorrectly categorized as exempt, your recourse is to file a claim with your state departmet of labor's wage and hour division. If you were accurately classified as exempt, the employer does not have to pay overtime, does not have to offer comp time, and can require you to work as many hours as needed.

    2. Texas has no law requiring employers to offer meal breaks.

    3. The Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities. Whether your employer should have provided one for you is very fact specific, depending on the nature of the illness, the type of work, and the accommodation requested. If you're asking whether they should have given you time off/less overtime, it's possible. ADA does not, however, require employers to accept less-than-standard work. If your employer was subject to FMLA, that could have covered some of the time off you needed. If you're asking if you could get workers comp because you feel that your job caused Grave's Disease, that's not going to fly.

    4. No law requires an employer to behave in a professional manner, and no law says that employers cannot yell or be rude. What the law says is that an employee cannot be singled out for negative treatment on the basis of a protected characteristic (race, age, gender, disability status, etc.). Nothing in your post indicates that you were singled out on the basis of a protected characteristic.

    5. No law requires to provide reviews for evaluations.

    All we can suggest is that you file for UI and see what happens.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Wow, thanks for that.

      It doesn't look good for me. But I guess I can only try and see what happens.

      Comment


      • #4
        I had some time during this week and half to think things over before the UI folks called me to get my side of things, and realized a few things...

        I was fired from my job on June 12th due to inefficient and careless performances of duties - basically making too many mistakes on the job. I had been written up for it, but felt I never got the proper training for the position.

        I was initially hired as a Billing Clerk and worked that position for 9 months with NO problems whatsoever, then they transferred me to the dispatcher position and I never really got proper any training.

        The problems initially started happening in the last 4 months when we became shorthanded in the office and I was left alone to handle everything in the office and got a bit flustered you can say. My boss knew what was going on, but didn’t do anything about it.

        Does this look more like a “job performance” issue? And what are my chances of getting UI now? I had the UI people call me today and get my side of things and I mentioned what I’ve said here plus a few more things, including proof that one of the things my boss said in my termination paperwork wasn’t true (an email from a customer that COMPLIMENTED me on a job - rather than COMPLAINED - as he said on my termination paperwork). Of course all the UI lady could do was type that up in her notes! I do have a copy of the email also.

        I know it looks 50/50, but I was a good employee and had no attendance issues or anything like that. I just tried my hardest and was just over-whelmed and made some mistakes.

        Any hope for me now?

        Comment


        • #5
          You'll have to wait & see what the UI folks decide. They make the decision. It's their decision/opinion that counts. We really don't know what they will decide & our opinion doesn't matter.

          Good luck.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            [QUOTE=Betty3;1055749]our opinion doesn't matter.

            QUOTE]

            Too bad, isn't it Betty3?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Okay, so if UI DOES grant me the UI, but my former job turns around and appeals it, do I still get my money coming in until the hearing date and all - or is all that go on "hold" until the outcome of the appeal?

              Comment


              • #8
                Could be either, I'm not sure about Texas. You might want to see if that is addressed anywhere here:
                http://www.twc.state.tx.us/customers...jsempsub2.html
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  [QUOTE=Pattymd;1055789]
                  Originally posted by Betty3 View Post
                  our opinion doesn't matter.

                  QUOTE]

                  Too bad, isn't it Betty3?
                  Yes, we have no "power" at all.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Be careful what you ask for. Someone could put you in charge of everything, you could make a bunch of changes, and things could still be a mess. However then it would be YOUR fault.

                    I am a believer in entropy. Everything falls apart because that is the natural state of things. We can fight against entropy for a while, and even appear to suceed, for a while, but that just creates a backlog of chaotic pressure that will overwhelm any temporary system. If you do a great job a work, you will either get promoted until you end up doing a bad job, or your boss will get rid of you before you make him/her look bad. The "system" rewards failure, not sucess.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Well, I got denied. It just seemed whatever I had to say to the UI person to plead my case, even tho I had proof that my boss lied on my termination paperwork, just didn't matter. I think she hit the "deny" button as soon as she hung up the phone with me.

                      I had talked to her Wednesday morning and found out Friday morning what the decision was.

                      Yeah, Texas seems to be more for the employer, rather than the employee it seems.

                      I'll be filing an appeal - just because I can. And also seeing if my statements I put together and the proof I have will help any to get it turned over.

                      I just don't like the fact tho that I'll have to send over all my documents to my former company also when I file the appeal - it's almost like it gives them a chance to figure out a way to screw me with whatever I have to present and possibly lie their way out of it all.

                      But I do have a job interview set up for Monday afternoon, so there's some hope me for me there!

                      Comment


                      • #12
                        If you're required to provide your documents to the employer, they should have to provide theirs to you. Ask the TWC about that.

                        Good luck with the interview.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Actually the TX UI dept should send a copy of both sets of documents to both sides once they receive it. I once had an appeal rescheduled because the other side had documents that I hadn't been provided (the ex-employee didn't send them in by the deadline for the appeal). But I haven't heard where you ever send your documentation directly to your former employer. So they won't see yours until after they provide theirs generally.

                          Comment


                          • #14
                            Originally posted by hr for me View Post
                            Actually the TX UI dept should send a copy of both sets of documents to both sides once they receive it. I once had an appeal rescheduled because the other side had documents that I hadn't been provided (the ex-employee didn't send them in by the deadline for the appeal). But I haven't heard where you ever send your documentation directly to your former employer. So they won't see yours until after they provide theirs generally.
                            This is what is says in regards to the document thing on the Texas UI website:

                            IMPORTANT: If you are using written materials as evidence, you must mail the materials to your hearing officer and the employer so everyone has copies before the hearing begins. TWC mails copies of the information we have to all hearing participants.


                            So does this mean I have to fax/mail my copies of my written statement and the proof I have, or does TWC do this??

                            Like I said, I'm just worried that if I do have to do that, it will give them time to make up some BS to try and shoot my stuff down and make me look bad at the hearing.

                            And BTW - the interview went pretty good yesterday. They are hiring two people for the position, but still have about 12-14 people left to interview and they'll make their decision by the end of the week.

                            It's a better paying job than the last place I worked at, so I have my fingers crossed!

                            Comment


                            • #15
                              you must mail the materials to your hearing officer and the employer so everyone has copies before the hearing begins.
                              Better to err on the side of YOU sending them to the employer rather than counting on the TWC to do it. It's possible that second statement means the TWC will foward the information to participants OTHER than the employer (although I'm not clear about who those might be).

                              Theoretically, it also means that the employer needs to send YOU any documents on which they will rely in the hearing, meaning YOU have a chance to review them and prepare your rebuttal.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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