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Cronstructive Discharge Texas

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  • Cronstructive Discharge Texas

    I started to work for this nutriention company two years ago I started in Dallas then transferred to Tyler where I am now. Everything was going fine with the new manager for this store, I told her I moved over here to go to school both me and my husband she understood that curtain time I would be able to work and others not so much. There came a time where I told her my husband got a new job and would be working from 2:30 to midnight she was fine with it since I could work weekends. Afterwards my hours were cut which is what I expected and understood, then out of nowhere I get a call from her asking if she could have my store key bc her manager had hers and she need to close. I said that was fine I would be there later to give it to her. When I got there she gave me the same story he boss had her key which I thought was kind of funny bc her boss didnt need it. So I continued to work my schedule then on one of my days off I get a text message from her saying if I could go in on a Tue (a day she is suppose to work) bc she cant make it in I told her in my reply my husband had a meeting to go to closeing would be easier I got no reply back. I called the following sunday to get the new schedule come to find out Im not on it this continues for about a month so I finally called the Head person which is our RSD for our region I tell i I havent worked for about almost a month whats going on am I fired or what he says he willl contact her and see what's going on bc according to him I still on his role sheet as a employee. Next day my phone gets cut so I email her on FB sayn whats going on am I fired bc I havent worked serveral days later she emails me back sayn I wasnt fored she just can't work with my schedule and the store is doing well. I said ok But im availbe to work anydays I recieved no reply back. Resently I applied for unemployment and was denied bc according to there investigation I quit bc I wasnt getting 40 hours. I didnt quit I wasnt being put on the schedule does that count as contrustive discharge bc I still have the email from her sayn I wasnt fired. I called for my hours let alone for almost two months just to see if I was gona be on it(even though I wouldn't be able to open or close bc I had no key) .
    Last edited by AliPad; 01-19-2011, 03:01 PM.

  • #2
    Your post is really difficult to understand due to a lack of punctuation, misspellings, and run-on sentences but if I understand correctly, you informed your manager that you would be working a different/lesser schedule, your hours were slowly reduced and ultimately you weren't put on the schedule at all.

    From a UC standpoint, I don't know whether the relevant issue is whether you were unavailable for work for the times they needed you or whether you were in effect discharged by not being put on the schedule. I think you're going to have to wait and see what happens with the State regarding your eligibility for unemployment benefits.

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    • #3
      I was denied unemployment according to them in there investigation they found I quit-Not getting full-time work I didnt quit i called to see if i would be on it for at least two months nothing why would I quit if at first she was working with me.. Its just alot easier to short cut the words to get to the point alot quicker...

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      • #4
        You can appeal the UI denial.
        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.

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        • #5
          It may be easier for you to "short cut" the words but we weren't there. We don't know what happened. We don't know anything you don't tell us. If you short cut your words, it's going to short cut our understanding and it may end up with the advice you get being affected.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            I am going to try to appeal the UI just to see if it does any good. Im not quite sure what I need to appeal it but I still have that email from her do I send them that too? I understand that ya'll were not there and It would of been better to format it better.

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            • #7
              Here is a link that includes how to appeal an UI decision Tx.

              http://www.twc.state.tx.us/customers...jsempsub2.html
              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


              • #8
                Thanks for the help Betty3

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                • #9
                  You're certainly welcome.
                  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
                    1. What is nutriention?
                    2. I didn't think it was possible to have the phrases/words "constructive discharge" and Texas" in the same sentence.

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                    • #11
                      As Beth originally said, the post was difficult to understand for the reasons she
                      noted. -- Just not a good post "reading wise" that's for sure.
                      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


                      • #12
                        Only in fictional works

                        Originally posted by eerelations View Post
                        1. I didn't think it was possible to have the phrases/words "constructive discharge" and Texas" in the same sentence.
                        The phrase constructive discharge is recognized in Texas as a fictional term only. The concept may exist in areas under federal control, or heavily influenced by Northerners.
                        Last edited by Texas709; 01-20-2011, 12:41 PM.

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                        • #13
                          Originally posted by Texas709 View Post
                          The phrase constructive discharge is recognized in Texas as a fictional term only. The concept may exist in areas under federal control, or heavily influenced by Northerners.
                          Tell that to my former employee in TX who is using that term in her unemployment claim

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                          • #14
                            Would it be wrong to contact our RSD (Region Store Director) to let him know what she did?

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                            • #15
                              That's your decision but I would let it go. You are already terminated.
                              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

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