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Former employer is appealing decision to pay benefits Texas

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  • Former employer is appealing decision to pay benefits Texas

    From 1/13/17 through 1/23/17 I did not work. I was told there wasn't work available. I wasn't given a date to return until 1/23. I filed an unemployment benefits claim with the Texas Workforce Commission on 1/15/17. I returned to work on 1/24/17. On 1/25/17 I arrived late to work and was immediately fired. I have continued to make payment requests with TWC. TWC is treating the two separations as one claim, filed 1/15/17(my account only shows the one claim) After a few weeks I received a notification that my claim had been approved. In the notice, the claim investigator made a note that a single incident of tardiness was not misconduct. On 2/14/17 my former employer filed an appeal with TWC. Yesterday, 03/01/17 I received two packets about their decision. In both packets are records of phone interviews that TWC conducted with me and my former employer separately. My former employer made several false statements about me being habitually late and verbal warnings being issued. They also falsely claimed that in the past I had always called in to notify them if I was running late. I must clarify that I had one supervisor, and he is the one that made the false statements.
    Jan.25,2017 was the first and only time I had been late so the warnings and the claim that I would notify him if running late are not true. I searched my phone records and found two days where I spoke with my supervisor before 7:00am. On one of those days he called me. On the other day I called him to receive work location orders. I worked for this company from 07/12/16 through 01/25/17. My appeal hearing is scheduled for 03/13/17. The only documents I can think of that might help my case are my phone records and maybe some daily invoices. I believe my former employer will be better prepared for the hearing than myself alone. That is why I am seriously considering hiring an attorney to assist me. If I lose the appeal I will have to payback the money I have received so far. I'm also angry and frustrated by the fact that false accusations are being made against me. In my line of work, reputation very important. It takes years to develop work relationships. I can't afford to be smeared by lies. That's true for anyone. I know this description is long. Thank you for taking the time to read it.

  • #2
    You seem to have a pretty good grasp of the case at hand.

    I would request that a subpoena be issued by TWC for all of your time records from the employer. I would print out your phone records and provide them the the TWC as well.

    When the time for the hearing rolls around anger will not help you. Facts and written proof will.

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    • #3
      Originally posted by Payroll Guy View Post
      You seem to have a pretty good grasp of the case at hand.

      I would request that a subpoena be issued by TWC for all of your time records from the employer. I would print out your phone records and provide them the the TWC as well.

      When the time for the hearing rolls around anger will not help you. Facts and written proof will.
      Thank you for the suggestion about the time records. I agree about anger not helping at the hearing.

      Comment

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