Denied UI in Texas

[mnguyen]

I was fired by my recently appointed (eff. Jan' 11) direct supervisor on 4/25/11 due to "failing to meet performance expectation" even though I was not given any prior written warning or placed on any progressive disciplinary plan. It should be noted that in the previous 6 years of employment with the same company, my performance has always been annually evaluated as having met, if not exceed, job expectations with my all previous direct supervisors. I have submitted a charge to the EEOC on suspected discriminiatory actions by my newest direct supervisor since I was not given the proper notification of job under performance nor given the opportunity to improve my performance via Performance Improvement Plan (PIP), both of which are outlined within company HR policies. In the meantime, I have filed for UI benefits which was subsequently denied due to I was terminated for "failure to perform work acceptably when capable of doing so". I plan on appealing denial but am wondering what are my chances that appeal is accepted. Is it contigent on the ruling from the EEOC?

[Betty3]

The UI folks will make their own decision based on their information. All you can
do is appeal & tell the truth. There's no way we can know whether you will win
the appeal or not. It's the state's decision.

Good luck.

[RRPayroll]

I have submitted a charge to the EEOC on suspected discriminiatory actions by my newest direct supervisor since I was not given the proper notification of job under performance nor given the opportunity to improve my performance via Performance Improvement Plan (PIP), both of which are outlined within company HR policies.

What basis do you have to call it "discriminatory"? And against what was he discriminating (race/age/gender/etc. or that he didn't like your work)?

Beyond that, I might be wrong but I think the key is not so much the company policies as it is the precdent they have set and how they have acted before. Have employees been terminated without having a PIP or been given notification.

The burden is on you to prove that the actions were discriminatory and thereby illegal based on a protected characteristic.

In the meantime, I have filed for UI benefits which was subsequently denied due to I was terminated for "failure to perform work acceptably when capable of doing so". I plan on appealing denial but am wondering what are my chances that appeal is accepted. Is it contigent on the ruling from the EEOC?

Texas is not my state, but that strikes me as an odd reason for UI to be denied. If terminated, the only reason if gross misconduct/being terminated with cause. In this case, it sounds like they just did not find the quality of your work to be sufficient.

[HRinMA]

Texas is not my state, but that strikes me as an odd reason for UI to be denied. If terminated, the only reason if gross misconduct/being terminated with cause. In this case, it sounds like they just did not find the quality of your work to be sufficient.

I do have employees in TX. When you term for poor performance you are asked if you feel the employee was capable of doing the work.

[RRPayroll]

Very interesting. I'm sure that makes the UI requests even more contentious lol.

[HRinMA]

Sometimes it is like a game of tennis. You get called and questioned then the employee gets called and asked to explain what I said. Then the ball is back in my court for more questions.

[cbg]

The EEOC and unemployment benefits have nothing to do with each other.

I have submitted a charge to the EEOC on suspected discriminiatory actions by my newest direct supervisor since I was not given the proper notification of job under performance nor given the opportunity to improve my performance via Performance Improvement Plan (PIP), both of which are outlined within company HR policies.

To prevail with the EEOC, you will need to provide satisfactory evidence not just that company policies were violated (it is not illegal for a company to violate its own policies and neither performance appraisals nor PIPs are required by law) but that they were violated in your case SPECIFICALLY because of your race, religion, national origin, or other characteristic protected by Federal law.

To prevail in the UI claim, you will need to provide satisfactory evidence that you did your job to the best of your abilities and did not deliberately do poor work (since that is what the employer seems to have believed and provided enough evidence of to have benefits denied).

The two are not dependent on each other and in fact will never touch.

[Betty3]

Agree UI has nothing to do with the EEOC - as I said in my first post, the UI
decision is based on their own information. (not an EEOC decision)