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Mar28

Texas Unemployment

If an employee quits voluntarily for personal reasons, can he or she file unemployment in Texas?

In some cases a person who quits a job in Texas can collect unemployment.

It’s probably always wise for an unemployed person to apply for unemployment. In most states, it’s relatively painless. In Texas, you can even apply for unemployment online.

If the worker wins, they are awarded unemployment benefits for up to 6 months. If they are denied benefits, they are no worse off than before.

An unemployed worker in Texas must meet 3 conditions to collect unemployment benefits. The first condition relates to the amount of income the worker earned while employed.

The second condition relates to the circumstances surrounding the termination from employment, which the Texas Workforce Commission (TWC) diplomatically calls “separation.”

In order to qualify for unemployment benefits, a worker must be unemployed through no fault of his or her own. If a worker quits, she should be prepared to present evidence that she tried to correct the problem before she quit.

In Texas, workers qualify for unemployment when they are laid off due to a lack of work, when they hours are reduced. However, if an employee has hours reduced due to disciplinary action, he or she does not qualify for unemployment benefits.

An employee who is fired in Texas may also qualify for unemployment compensation. This is true, as long as the employee was fired through no fault of his or her own. An employee who is fired for misconduct such as a violation of company policy, violation of the law, neglect or poor job performance, does not usually qualify for unemployment.

Employees who quit their job for a medical reason may qualify, if they have documentation of the medical condition. Employees can also collect unemployment after quitting to care for a terminally ill spouse, if no other caretaker is available.

In Texas, as in many states, workers qualify for unemployment benefits when they quit “for good cause.” The legal definition of “good cause” is a work situation that would cause even a person who truly wanted the job, to quit. Examples of “good cause” to quit a job include:

-          Unsafe working conditions

-          Not being paid

-          A significant change in the hiring agreement

-          No child care

-          Avoiding a stalker or domestic violence

In addition, workers in Texas who quit a job to move with a spouse may qualify for reduced benefits. Full benefits are available only to

Texas employees who quit to move with a military spouse who has been given a change of station for more than 120 days.

The third condition requires that the worker be able to work, and looking for employment.

The Texas Workforce Commission has a complete information on eligibility for unemployment on this site.

This entry was posted on Friday, March 28th, 2008 at 12:44 pm and is filed under
Benefits, Compensation, Termination.
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144 Responses to “Texas Unemployment”

  1. kathy maniscalco Says:

    My son has been unemployed for two months and Monday he had a seizure due to his medicine and now he can’t drive for six months. Can he qualify for any benefits since he can’t drive and can’t even look for a job with no one able to take him.

  2. Caitlin Says:

    Hi Kathy!

    This is a tough question. I’m going to suggest that you post it on the forums on our sister site, at http://www.laborlawtalk.com. I’m sure the folks over there will have some good suggestions. And, thanks for reading! ~ Caitlin

  3. Selina-Marie Serrano Says:

    My job went through restructuring, I was an admin asst to a director and through her job being done away with so was mine. they put me in a job that was nothing that I would ever apply for (technical position). I applied for many jobs of my kind but all people were prepicked for the positions so I was stuck in what I was in. I am bi-polar manic and changes of this sort are very difficult for me. The new position was everchanging in times and days(shiftbids)and procedures as well. I started having anxiety and then the anxiety became panic until I had full blown panic attacks which were ignored and even marked as disruptive while I was hyperventilating. I was told a mental disorder was not a legitimate disability by my spvsr and went to HR. They corrected that but asked for a doctors note. To my surprise the doctor found that from the constant state of panic I was in I developed a permanent heart condition(tacchacardia). I gave HR the papers and they never got back to me(this was in July I believe). At the end of September I had a nervous breakdown and was in partial hospitalization for over a month then out patient for more than a month after then after approx 4 months I tried to go back to work on a p/t basis while still on disability. My doctor was putting in requests in increments of 2 weeks to see how I did. I worked for 2 wks p/t then she put in the 2nd request for 2 more wks and after 1 1/2 wks I was told that HR told MetLife they do not care what the doctor said, I had to come back f/t on Fri 2/27. I came in full of anxiety and had a full blown panic attack which I at first thought was a heart attack coming on. I left and have not been back since and just put in my resignation today. I break out into sweats just considering going back there. There are too many details to list here as to why this anxiety came on with this change. Please contact to let me know if I have any chance of receiving unemployment benefits even though I resigned. P.S. I have also reported this to the EEOC.

  4. Caitlin Says:

    Hi Selina-Marie! We think that you have a better case against the employer for discrimination based on disability. (And as you have pointed out, a mental illness like bipolar is definitely a disability.) However, be aware that the ADA requires employers to make reasonable accommodations for disabled employees only if they are not an undue hardship to the employer. In some circumstances, having an employee work part-time rather than full-time may be an undue hardship. (You may also have a workers comp claim for your tacchacardia, since it appears to be work related.)
    In hindsight, it probably would have been better to let them lay you off, rather than to accept a position you are entirely unsuited for.
    Frankly, in terms of your unemployment claim, you would have been better off continuing to work part-time and letting the employer fire you for it, than quitting. If you quit because the employer illegally discriminated against you in not letting you work part-time, you would probably be entitled to unemployment benefits. (The problem is going to be proving that illegal discrimination.) But if you just quit because the stress got to be too much, you probably do not qualify for unemployemnt benefits. You should apply anyway — it never hurts to try! Best of luck, and thanks for reading the blogs!~ Caitlin

  5. Kathleen Says:

    I have a question from the Employer stance. We had an employee that was forced to quit working with us due to medical reasons. I saw that he can indeed file for unemployment as long as he is well enough to be looking for another form of work. I understand this. I just want to make sure that if he is granted unemployment…that our rate will NOT be affected? Is this true?

  6. Caitlin Says:

    Hi Kathleen! Um,sorry, no it’s not true. In most cases, when an employee qualifies for unemployment, the most recent employer is the “chargeable” employer. And, having a number of successful UI claims increases the employer’s rate. This is not a way of assigning blame — the UI is not saying that anyone did anything “wrong”. That’s just how the system works — when an employee collects unemployment, the employers rate usually goes up.
    If you have a position open, one solution would be to hire the employee back, if his or her performance was good. HTH, and thanks for reading the blogs!~ Caitlin

  7. Katie Says:

    Hi there,

    Is there any sort of residency requirement in Texas in order to qualify for unemployment? I moved to Texas from California at the beginning of 2009, but I got a transfer within the same company, so I’ve been working for the same company for several years. I wasn’t sure how long one had to live in Texas before qualifying for unemployment here. I will be laid off in June.
    Thank you!

  8. Caitlin Says:

    Hi Katie! You will probably qualify for unemployment in Texas. However, most states have reciprocal arrangements regarding unemployment. For example, an employee who was laid off in New York can collect unemployment in Illinois, while he or she looks for a job — even if the employee never worked in Illinois. The state of Illinois will be reimbursed for these funds by New York. This permits job hunters to go where the jobs are, instead of remaining where they were last employed. HTH, and thanks for reading the blogs!~ Caitlin

  9. Michelle Says:

    I have been working for the same company for 3 years in sales which is 60% base and 40% commission. When I was hired I was told that I would hit my full commission therefore would receive my full salary of 100%. After the first year I made a little less but after leaving in Nov to go on maternity leave, I came back in Feb to find that the commission structure has changed and I will not be making any commission at all. This was not what I agreed to when I was hired 3 years ago. If I resign and file unemployment stating my hiring agreement changed will I be able to collect the unemployment? Will my employer deny it?

  10. Michelle Says:

    Adding to above: as for the commission it did not go away they just made it impossible to make therefore I will not be making any commission which is 40% less pay (commission was not taken away but made impossible to meet budgets therefore you cannot hit 100%)

  11. Caitlin Says:

    Hi Michelle! To be honest, we can’t tell which way the Texas Workforce Commission would go on this one. Your commission structure has been changed to make it much more difficult for you to earn your commission. This is basically a salary reduction, which is a tactic many, many companies are implementing in these troubled economic times.
    Yes, the employer will almost certainly fight your unemployment, if you quit due to the change in commission structure. Many companies routinely fight every unemployment claim, even when it is clear-cut — and this one is not. It is a toss-up whether the TWC will decide in your favor or not. If you quit because your base salary had been reduced by 40%, you would likely qualify for unemployment benefits. However, many conpanies change the commission structure each year, making it less and less likely that salespeople will earn full commission.
    If the new structure has effectively eliminated your commission altogether, you may have a good case. But if it means that you are likely to earn 10% to 20% rather than 40%, that is the same type of salary reduction many, many people are facing in this economy.
    It is also important to remember that even if you qualify for unemployment benefits, they will only be a portion of your earnings, and they will only last for a limited amount of time (such as a year.) You might be better off at this point staying in your job while looking for a better one. The old saw that it’s always easier to find a job when you’ve already got a job is true. HTH, and thanks for reading the blogs!~ Caitlin

  12. Brandi Says:

    I was employed for 3 years at a company and got laid off – due to the economony and was eliegible for unemployment. I started a new job in a career I had no experience in a week after I was laid off from the compnay I worked for 3 years. At this new job I worked a week and two days and was forced to resign or be terminated due to making a coworker feel uncomfortable based on a story I told. The conversation took place on our unpaid lunch hour off premises. During the coversation none of the coworkers made any indication that I had offended them by the story I had told. Since I was new and this job is an AT WILL employer (any hiring is presumed to be “at will”; that is, the employer is free to discharge individuals “for good cause, or bad cause, or no cause at all,” and the employee is equally free to quit, strike, or otherwise cease work.) I was told that I could resign stating that this job was not for me as it was a job where you were exposed to a lot of horrible things (child abuse). So I just resigned as that is not the environment that I can mentally handle. The cause of the forced resigning is still very questionable and could almost be deemed as wrongful terminiation. There was no warning for me making this co-worker “uncomfortable with this conversation”. Again – the conversation that caused this loss of employment and offending – didn’t even take place in the workplace or on compnay time. I was told that we don’t talk about these types of things at work and it was unprofessional. Point again… I didn’t talk about it at work. It was on my unpaid lunch hour off of the premisies. No warning or reprimand at all… just basically its a done deal. Will I still be eliigible for unemployment? What would be the reasoning I give the unemployment office for my resignation? Wrongful termination?

  13. Caitlin Says:

    Hi Brandi! It would be interesting to know what type of story started such a firestorm. Can you tell us more about it?
    You can and certainly should apply for unemployment again. Whether or not you will get it, is a different topic.
    As a general rule, it is better for an employee to permit themselves to be fired, rather than to quit. It is much more difficult for an employee who quits to collect unemployment. That is why employers ask them to resign, instead of just firing them.
    From the information you have presented so far, this is not wrongful termination. First of all, you were not fired, you quit. Second of all, as you point out, employment at will means they could let you go because you just weren’t a good fit for the workplace culture or the job. Wrongful termination in Texas almost always involves illegal conduct by the employer, such as illegal discrimination based on race, sex, religion, etc.
    When the TWC asks why you quit, you should say that you were given a choice between resigning and being fired. If you want to post more details about the situation, we might be able to give better advice. HTH, and thanks for reading the blogs!~ Caitlin

  14. Brandi Says:

    The conversation that took place at lunch was about my husband having an affair and us working through it. When asked if i ever run into the other woman I stated no and that her and her husband were sick individuals and they were said to be “swingers” and they planned the affair. So, the reason behind my froced resignation is that we don’t talk about our personal life or sex life and that I had broken a policy. Never was told what policy but said that this made one of my co-workers uncomfortable? I was simply stating I was a victim of an affair…how can that be grounds for termination. I said it on my lunch break and not on company grounds. I can retract my resignation as it just happend – and have them terminate me, so I have heard that is an option. Not sure which way to go with it as I would never want to work for this company again. The coversation that lead to me talking about the affair was another co-worker gossiping about an employee in the compnay having an affair. I told my story to let them know I was sensitve to the issue since I had been a victim of an affair. This is just horrible… I need my unemployment since I am now without a job. The supervisor did not write me up or anything…it was basically you are gone whether you resign or she terminates me. I initially took the resignation route because if they put broken policy as grounds for termination – which isn’t true – I didn’t break a policy by having a conversation on my own time…not company time, I wouldn’t get unemployment if it was the employee’s fault for being terminated.

  15. Caitlin Says:

    Hi Brandi!
    Okay, thanks for clarifying! While no one can entirely predict how unemployment will rule, it would probably be better to let them fire you, than to quit. It is true that when an employee willfully violates a company policy, he or she often doesn’t qualify for unemployment. However, in this case, since a) you didn’t know about this unwritten policy b) you were never written up or otherwise informed and c)the conversation took place away from work, on your own time, there’s a good chance that TWC will see it your way.
    Generally, employees who quit do not qualify for unemployment unless they have a valid reason for quitting, such as a change in wages or hours.
    Companies can enforce unwritten as well as written policies. In this case, they simply made a decision that their very conservative workplace was not a good fit for your personality.
    If you are denied unemployment, you should appeal it.
    Hindsight is always 20/20, but there is probably no need for your coworkers to know that your husband had an affair, at least for the first 6 months that you work there. And there is really no need for them to ever know the details. The culture is different in every workplace, and it’s always a good idea to wait and see what the climate is, before revealing very personal information. Feel free to post any additional questions you migth have. HTH, and thanks for reading the blogs!~ Caitlin

  16. Brandi Says:

    So I could retract my resignation and ask for a termination? How will this effect me finding a future job with a termination rather than a resignation? SInce the job was only a week and two days do I have to include it on future applicaitons?

  17. Caitlin Says:

    Hi Brandi!
    Yes, that would be our advice. Just as a rule of thumb, employees are almost always better off being terminated rather than resigning. Almost the only reason employers give an employee the option to resign, is because they don’t want to pay unemployment benefits.
    Being fired is not as big a deal as most employees think. The overwhelming majority of U.S. employees are fired at some point in their career. You can feel comfortable leaving that job off your resume. Putting it on the application is a grey area. Many people would leave it off, but technically an employee can be terminated for lying on the application — even if it is not discovered until year later.
    If the question comes up in the interview, simply say that it was not a good fit, or that there was a misunderstanding. Try to leave it at that, but if you must, say that someone misinterpreted a personal conversation you had at lunch, off company property. Do not go into detail about your personal life during an interview. You could also say that you left when you learned that the job was not as it was represented to you. (You need not add, because they were represented to you as reasonable people, before you were hired.) HTH, and thanks for reading the blogs!~ Caitlin

  18. Brandi Says:

    Last Question…

    Retracting my resignation is possible, right? I just sent it at noon on Friday. Is there a website on how to properly do that and ask for a terminiation? Also, the HR group has not been involved in any of this yet so would you think I need to make them aware? The resignation was sent to my bosses secretary.

    On future jobs – I can include it and just check the box where it states may we contact this employer or not – I would just say not. It was only a week – so they relaly don’t know about me. This new job was a complete career change anyway. The other 15 solid years of work history are just that… solid and I have done that same type of work for that many years.

  19. Caitlin Says:

    Hi Brandi! Well…whether or not you can retract your resignation is up to the employer. Some employers would permit it, some would not. (Some email programs let you recall a sent email.) We don’t know of any site that has a form for this. Just use the same format that you used for your resignation.
    And, we don’t recommend that you ask to be terminated. Just let the employer know that on second thought, you retract your resignation. The next step is up to them.
    You could certainly contact HR to let them know what’s going on, but there is a good chance they will see this the same way the supervisor does.
    If the employer does not accept your retraction, just tell the TWC that you were given a choice between resigning and being fired.
    It sounds like you have a strong work history in your field, so you shold be okay. HTH, and thanks for reading the blogs!~ Caitlin

  20. Diane Says:

    My employer is going to change my work hours from days, to evening/weekend shift. I feel this would be a significant change in the hiring agreement. Would this qualify for TX unemployment?

    Thanks for your help.

  21. Caitlin Says:

    Hi Diane! The TWC might well award unemployment benefits under this situation, particularly if the employee did not have childcare for the new hours, or there was another reason why the new schedule wouldn’t work. HTH, and thanks for reading the blog!~ Caitlin

  22. LaTina Says:

    I worked for a company for 14 yrs. I lived in Michigan and relocated to Texas and worked for the same company here for 9 or 10 months. Now sales are at an all time low. If I don’t take the buy-out I will lose my job in Sept. Can I still get umempolyment? People at work say you have to wait 13 weeks to apply if you still can’t find a job. Is this true? And switch state will I apply at. Thank You..

  23. Caitlin Says:

    Hi LaTina! Yes, you can still collect unemployment. Your coworkers are mistaken. You should apply for unemployment the first week that you are out of a job. Usually, you are eligible for benefits starting the second week.
    You would apply for unemployment at the local office of the Texas Workforce Commission, in Texas. In some cases, when an employee has been in the state for just a few months, Michigan would reimburse Texas for your benefits. But you have worked in Texas long enough that this probably won’t apply to you. (In either case, the TWC handles it.)
    Be aware that if you do accept the buyout, in some cases it includes an agreement that you will not be able to collect unemployment. HTH, and thanks for reading the blogs!~ Caitlin

  24. julie Says:

    I moved to Texas from Michigan in October after getting married in Michigan. My husbands job is here. can i get unemployment here in Texas I worked back in MIchigan 40 hrs a week.

  25. Caitlin Says:

    Hi julie! In many cases, a worker who moves to another state to look for work does indeed qualify for unemployment benefits. The worker should always apply at the nearest unemployment office. In your case, because you now live in Texas, you would apply for unemployment in Texas. (In some cases, Texas will pay benefits to you and Michigan will repay the state of Texas for those benefits…but that is handled between the two states.) HTH, and thanks for reading the blogs!~ Caitlin

  26. Katie M Says:

    I am currently working a $10 an hour job and I HAD to take it due to unemployment messing up my case only to be approved the week I started working for this job. Basically the job I took I was told was “temporary” has now now become indefinite and is horrible. The lady I work for has dogs that run around the office all day getting into trash and barking at anything that comes to the door. My pay is supposed to be $10 and the manager said she only approved me for $9 but the agency is taking a dollar an hour cut to help me out because the pay is so low for someone of my experience. Anyway I was offered to stay on perm but turned it down due to the pay. I would be going to $9 an hour starting in customer service with this company. WIll I be denied for turning down this offer once my contract is done considering the lowest income offer I should except is $11.32 quoted by unemployment. I have called unemployment several times about leaving this position considering the animals and the pay is way lower then I should except but due to harsh times I had to take it and they couldnt tell me anything. Also I am having to stay home and watch my child alot now that my mother cant due to Cancer issues and now she has almost weekly appointments. I can not afford daycare and do not have anyone local that can watch my child that I trust or can pay. Is this a good reason to quit? If I am terminated from this temp position due to this will I be able to collect unemployment? My year is over with unemployment as of 4/28/09 so I was told once this assignment is complete to refile to restart a claim but I am not sure how I can quit or be fired and still get unemployment…it just sucks that the week I excepted this crappy job my unemployment was approved and below what I would make with unemployment…so I am now broke more then ever and not able to find a better job or interview for a better job because of this crappy job Im stuck making crap money for my family and need answers someone please help me!!

  27. Caitlin Says:

    Hi Katie! This is a tough situation and we have sympathy for you. However, we cannot make a determination on your unemployment status. We can give you some general info on unemployment, although every state has unique unemployment laws.
    In many states, if a worker is eligible for unemployment and accepts a low-paying or part-time job, the employee is still eligible for partial benefits. They report the amount they are earning to unemployment, but may stil receive a check each week.
    Unfortuantely, when a temporary job ends, the employee is usually not qualified for unemployment, because the job was only temporary.
    If you were fired due to absences caused by a lack of childcare, you would qualify for unemployment in many states. But that will depend partly on how many hour you have worked,and how long you were with the previous employer. HTH, and thanks for reading the blogs!~ Caitlin

  28. Katie Says:

    Thanks I kind of figured that. So when you say “previous employer” you mean the original employer I had before the temp job right? well thats good in that case I am ok because there is a little over 4k balance in that case. I understand you arent able to tell me if I will receive unemployment but I was unaware due to no childcare I would be able to collect again. THe thing is I was making $304 a week with unemployment because I was paid so much at my previous job. With this job only paying me $10 an hour will my benefit amount change? I know you prob dont have the answers but I was just confused.
    Because I have already missed 3 days of work with this place I was told if I miss anymore they would have to find someone else I understand because this is temporary but my mom has another appointment tomorrow and I have a feeling this will be my last day…so do you think I would still get unemployment if I was let go today due to childcare?

  29. Caitlin Says:

    Hi Katie! Yes, by “previous employer” we meant the job before this one, not your current employer. Your unemployment benefits are based on your earnings over the past 12 to 15 months, so you will likely qualify for lower benefits than last time, when you had higher earnings.
    It sounds as if you were told that they would reopen your unemployment file once this temporary job ended. That might be your best bet.
    If you NEVER had childcare, you would not qualify for unemployment — you couldn’t look for a job, and wouldn’t be able to work if you found one. But if you occasionally missed work due to your childcare provider being unavailable, then you may well qualify for unemployment. HTH, and thanks for posting!~ Caitlin

  30. Katie Says:

    Thanks so much. the problem is the temp job I am in I was told would only be a 3 week assignment has now turned into months. The person I am filling in for might not even come back…how does that look for unemployment? I mean i cant stay here forever but they are acting like I should…so basically I feel like I can just P’Off this job because my child does need care, I feel terrible saying that but I was missled and now I am stuck. My allergies are on full blast because of her dogs that are hear daily. I fear pissing them off because there always sedated due to “weather issues” there always in my trash its just one thing after another. so all of me wants to quit but I dont know how that will effect unemployment when I go to file…I mean I have had constant child care up until now but my mother has had alot of recent health issues so now I wont have constant care and want to quit…I mean can I quit due to lack of child care and still collect?

  31. Katie Says:

    Also lets say I still cant find a job and my funds for the last employer run out and I have to refile what happens? would the temp agency foot the bill? I thought this couldnt happen because you cant collect unemployment from a temp agency…I am scared to be let go due to lack of child care only to find out I cant collect, does the fact that I do not have proper child care at this point and time weigh heavy on weather or not I will receive unemployment? I am still confused.

  32. Caitlin Says:

    Hi Katie! We wish we could answer all of your questions, but there are too many unknowns for us to make a decision on your situation.
    In order to collect unemployment, usually an employee must be willing and able to work. An employee who never has chidcare would be unable to work. How would you go on job interviews? You cannot take your child, and you cannot expect an employer to hire someone without child care.
    Again, in many states, an employee who occasionally misses work due to a childcare problem, and is fired for it, qualifies for unemployment.
    You are assuming that you have a fund of unemployment benefits sitting there waiting for you, from your previous employer. That is not how unemployment works. The total amount of unemployment you are eligible for depends upon your earnings in the past 12 to 15 months. So by working at a very low-paying job, you may actually be reducing any unemployment benefits you will eventually be qualified for. If you worked for the temp agency for a year or more, and then the assignment ended, you might not qualify for unemployment at all. HTH, and thanks for reading the blogs!~ Caitlin

  33. Katie Says:

    ok got it now sorry this has just been chaotic. I will have childcare after my mother has rested from her surgury (which is scheduled 5/11) she needs an initial 5 days of rest and healing time and thats where the big issue is. I will be off my temp job from 5/8 to 5/13 so I can understand there position to have to let me go but after 5/13 I will be able to resume an active search and was wondering in a case like this what do you think I should do…I know you cant answer all my questions but some advice would deff ease my nerves!
    Thanks!

  34. Caitlin Says:

    Hi Katie! No problem! We are happy to offer any advice we can. Ironically, you might actually have been in a better position if you had accepted the permanent job, because you probably would have qualified for unemployment when (if) you were terminated (due to reasons beyond your control.) Your best bet right now is to let them fire you if you have to miss work due to your mother’s illness, and then apply for unemployment as soon as you have child care.
    We are assuming that this employer has fewer than 50 employees, so you don’t qualify for FMLA. HTH, and thanks for reading the blogs!~ Caitlin

  35. Moe Says:

    I am concerned that I will be fired soon; I am a director at a company with a very poor reputation. I work very hard to retain my employees however many have left due to mistreatment or no payment by the owner/CEO. I have been told that my job is at risk if I can’t hire people for my team. Unfortunately many candidates do research prior to the interview and end up calling to cancel because of the information that has been posted on the Internet by past employees. Last week he put me on employement probation stating that my inability to attract and retain employees is the cause for my department being under staffed. I expressed my concerns about the information that potential candidates shared; he said that was an excuse. A couple of days ago I found out that he has posted a confidential ad for my position. Please give me some advice; I am a single mom that has worked up to 18 hours in a day to compensate for having no team. I need to support my son and household. I have never been in this position before. I was rated top employee for the last three years at my previous job. The last year has been a nightmare and I want to make sure I’m qualified for unemployment if he does fire me.

  36. Caitlin Says:

    Hi Moe! Yes, you will almost certainly qualify for unemployment if you are fired for reasons beyond your control. The employer may try to deny it, but we are almost certain that you will win on appeal.
    When an employee is fired misconduct, they do not qualify for unemployment. For example, if you refused to work more than 4 hours per day, you might very well be fired for misconduct. However, when the employee is fired for reasons that they do not control, they qualify for unemployment.
    For your own protection, go online and print off the comments that former employees have posted about the CEO/owner. Also keep a written record of the hours you are working. If he tries to deny unemployment — and he will — you can show that this was not your fault, and you were doing everything in your power.
    We know that this is a tough time for you, but in the long run you will be better off without this job. It will allow you to focus on finding a better one. However, do not quit — you won’t qualify for unemployment then. HTH, and thanks for reading the blogs!~ Caitlin

  37. rob Says:

    Hi I relocated to Texas in 2008 with our co from another state but my spouse continued his job in the old state while we tried to sell our house. The house still hasn’t sold and my employer is now cutting our pay. I want to quit and move back (we have a small child that is with me in Texas I’m daycare that has bad excyma also) … Would I qualify for TX UI benefits? ty

  38. Caitlin Says:

    Hi rob! When a Texas employee quits rather than accept a significant pay cut, (or cut in hours) often the employee qualifies for unemployment benefits. However, if the employee returns to work, he or she has “accepted” the new wages. If the employee quits after that time, he or she will usually not qualify for unemployment benefits. HTH, and thanks for reading the blogs!~ Caitlin

  39. rob Says:

    Thanks Caitlin. By significant > 10%? The actual % and date hasn’t been announced yet. I’m guessing effective 7/1/2009. So I’d quit effective the end of that month.

  40. Caitlin Says:

    Hi rob! In some states, a 10% reduction in pay might not be enough for you to resign and collect unemployment benefits. If you were terminated because you missed work for a legitimate reason for a few days (such as a temporary — not permanent– lack of childcare, or a minor illness) then you would likely qualify for unemployment benefits. HTH, and thanks for reading the blogs!~ Caitlin

  41. rob Says:

    Thanks again …. I have a four year old daughter who won’t be eligible for kindergarten for another year. This combined with a paycut of say 7-10% and the fact my spouse is working out of state would quitting to care for my minor child moving to where my spouse works and looking for employment there possibly qualify under Texas UI guidelines ? ty

  42. Caitlin Says:

    Hi rob! Unfortunately, no. While it is impossible to completely predict how the unemployment agency will rule, they will probably not see any of those reasons for quitting as sufficient to collect unemployment. After all, none of them are new. If your spouse had recently been transferred to another state, then you could probably quit and collect unemployment. But this is not a recent development.
    Unemployment is available only to those who are able to work, and actively looking for work. So a parent without childcare (permanently) or one who quits to care for a child, is not eligible.
    There is also no cumulative effect of reasons for quitting. If one reason is not sufficient to collect unemployment, it is still not sufficient when combined with other reasons. Sorry, but the advice in our previous post stands. HTH, and thanks for reading the blogs!~Amelia

  43. rob Says:

    well they aanounced the paycut 15% I’ve put in my notice and 5/31 is my lady day.

    All I’m putting is quitting due to 15% pay cut. Hopefully they’ll see it my way or I’m SOL

  44. Caitlin Says:

    Hi rob! Sounds like a plan. Just a reminder — if you work for the new lower wage, even for a few days, some state unemployment agencies will decide that you have accepted it and it is not the real reason behind your resignation. HTH, and thanks for reading the blogs!~ Caitlin

  45. rob Says:

    the wage cut is effective 6/1

  46. debbie Says:

    I am approved for unemployment benefits in state of Texas. I received 3 weeks vacation when I was laid off. Do i have to report these earnings to unemployement or would this be considered part of my severence package?

  47. Josh Says:

    Hi, I feel as I may be terminated for taking unscheduled PTO. I have had to take time off due to sickness of my own or my family. I have turned in these Drs notes but my company still qualifies this as unscheduled. I just got home from vacation and found out a friend Of 24 years has passed away so I took today off. My boss and her boss asked my for his name which I provided but also called the request inappropriate and offensive. I have worked there for a year and a half. Would I qualify?

  48. Caitlin Says:

    Hi Debbie!
    Emloyees must report all earnings under a severance package to the TWC in Texas. In every state, an employee who hides earnings or payments while collecting unemployment benefits may be guilty of fraud. Your best bet is to report this income. HTH, and thanks for reading the blogs!~ Caitlin

  49. Caitlin Says:

    Hi Josh! In many states, the reason for the employee’s final absence determines whether or not the employee qualifies for unemployment. If you were physically too ill to go to work, then that would likely be considered an involuntary absence, and you might be eligible for unemployment.
    However, attending your friend’s funeral was entirely voluntary. We understand why you felt you had to be there, but it might have been better to ask your boss, rather than tell your boss, that you would not be in. The TWC would view this as a voluntary absence — you could have gone to work but decided to do something else instead. So you likely would not qualify for unemployment.
    We understand your feelings on this, but we don’t find the employer’s request for more info inappropriate or offensive. Sadly, many employees do lie in order to take time off for a “funeral”, so it is reasonable for the employer to ask for specifics, especially when an employee has an attendance problem. HTH, and thanks for reading the blogs!~ Caitlin

  50. Josh Says:

    Thanks for the advise! I wrote back to my boss and apoligized for calling her request offensive and had a short meeting with her the following day. I managed to keep my job and stay on my boss’s good side. I stil object with my companies view of unschudueled pto but hey in this economy I’m just happy to be working.

  51. Caitlin Says:

    Hi Josh! We’re so glad that worked out for you! We agree that the company’s PTO policy is odd, but all’s well that ends well!~ Caitlin

  52. Mickey Says:

    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 a dispatch position and I never really got proper 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? 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 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? TIA!

  53. kent Says:

    On the night of Thurs. June 4, my bank manager told me w/o prior written warning that I was on suspension w/o pay while investigation was in process for violation of code of conduct- gifting referrals. This was a non-issue with my 2 previous managers ever since I started with this branch in Sept 2005 when it was newly built. My work relationship with all coworkers and under last 2 managers was nothing short of team player even as people left and new ones join the team. The original Asst. Branch Mgr became Manager”B” when 1st Mgr”A” was promoted to another new branch. As it was until 3+yrs now, at beginning this yr, the branch was transitioning out of “NewBuild” status and becoming a “SameStore” class under new District Mgr and branch Mgr”C”. Here’s where from hindsight I gathered bits of info from many sources to show when strange things were happening. New Dist.Mgr offended Mgr”B” stating that former ABM does not make good mgr w/o getting to know her. And so she posted out to be mgr at another branch under different DM. In Feb he brought in newly trained Mgr”C” who is all smiles and sweet voice in pretense. Not long after that, she started her devious reign of “cleaning house”. She first wrote up a teller hindering her career advancement for unsubstantiated loss and minor operational discrepancy. That teller posted out to another branch and is now becoming PersonalBanker. Apparently I was next. Shortly after she came back from 1wk Mgmt Training at beginning of May, she started questioning little details of my performance which is nothing short of at least consistently meeting expectation w last 2 mgrs. Sales produce credit for me and the team; and I give it to whom it’s due. Given that she was a PB like me and may still thinking in details instead of the big picture, I put up and stuck out hoping she’s getting to be in support of the team. Suddenly on June 4, she had a “backoffice” investigator and interrogated me for 2.5 hrs and intimidated me to write admittance to gifting referrals to the team. He had no written proofs while questioning me. I told her that I don’t intend to resign. I was on suspension w/o pay until Monday June 8 when she and new DM conferenced me at home that I was terminated. Then the following week, I learned that another PB coworker was terminated on the same ground w/o prior written warning. By triggering the investigator to be involved, she apparently bypassed the normal progressive disciplinary plan to achieve her “cleaning house” objective. Other coworkers are now posting out or leaving this branch one by one. Am I eligible for unemployment benefits?

  54. Caitlin Says:

    Hi Mickey! Usually an employee who is fired for willful misconduct does not qualify for unemployment. However, an employee who is trying his or her hardest and is simply not able to perform as the employer expects, does qualify for unemployment. This is also true when the employee is not trained in the policies or procedures, or when he or she is simply unable to do the job, for reasons beyond the employee’s control.
    Example: Todd knows very well that his employer expects him to be polite to all customers. However, occasionally Todd chooses to be rude to customers. The assumption is that Todd could be polite if he chose to, so he does not qualify for unemployment.
    However, Mark simply cannot handle as many calls per hour as the employer would like. Perhaps it is due to Mark’s lack of training, or perhaps Mark is simply not suited to this job. (Not every employee is suited for every job.) Mark can’t perform as the employer expects, no matter how hard he tries. If Mark is terminated, he may very well qualify for unemployment benefits.
    So it really depends upon getting the unemployment officer to see two things: a) You were trying as hard as you could and b) you did not intentionally violate any company policies.
    If the employer has repeatedly written you up for the same behavior, that strenghtens their case. If you were never properly trained, that strengthens your case.
    If you are denied unemployment, you should appeal that decision. You are entitled to a hearing and can present your case (which we have outlined above.) You do not need an attorney and usually this can be done by phone. HTH, and thanks for reading the blogs!~ Caitlin

  55. Caitlin Says:

    Hi kent! There are a number of issues here.
    First of all, the new manager can legitimately have different (or higher) expectations than the previous two managers. There is nothing wrong with that. In fact, it may mean that she does a better job than they did — or that as a “same store” she is under greater pressure to control costs and increase revenue.
    It sounds like your team is rewarded when a new client is referred to one of your team members. And, it sounds like you have admitted to claiming referrals for your team members that are fictitious. This would be considered unethical by many people (and may be fraud if there are monetary rewards involved.)
    The odds of you collecting unemployment are about 50/50. If you intentionally violated a company policy, you would not qualify for unemployment — even if the previous managers looked the other way while you did so (or failed to catch you at it.) However, if the policy is not in writing, you may argue that you were unaware that this was against company policy (although most companies have a rule against lying.) If you are denied unemployment, you should appeal the decision. You don’t need a lawyer, the hearing can usually be done over the phone and you may win. HTH, and thanks for reading the blogs!~Caitlin

    PS If we have misunderstood “gifting referrals” please explain further, and we’ll be happy to respond.

    PPS We agree with your DM. It is always more difficult for an Assistant Manager who is promoted to Branch Manager at one location to succeed, than if she is transferred to a different location. This is regardless of her abilities — it’s just hard to get employees to accept a manager who has been promoted from within.

  56. Mickey Says:

    Thanks Caitlan – some of the things you said in your reply to me made me feel a bit better, and I DO hope my UI officer DOES see that I did “try my hardest and just wasn’t able to perform the job the way I was expected to”.

    I just wasn’t hired for that position, and I made sure to tell her that. I had NO issues whatsoever on my record when I was doing the Billing Clerk job they hired me for – it was when they “promoted” me to the dispatcher position is when the trouble all started. My boss knew I wasn’t doing a good job in that position – but kept me there anyway! Setting me up to fail – it seemed like.

    I told her as much as I could in the 20 minutes we had. I really hope it doesn’t come down to an appeal, since that would be an extra 2 months out of my life having to wait for that – altho I hope I have another job WAY before that time.

    Thanks again, and I have my fingers crossed for a good outcome! :)

  57. Caitlin Says:

    Hi Mickey! You are right. Hindsight is always 20/20, but it would have been better if you had not accepted the “promotion” to dispatch. Unfortuantely, once you are in that position, there is no law that they have to give you back your old job if it doesn’t work out. HTH, and thanks for reading the blog!~Caitlin

  58. Mickey Says:

    One more question tho. IF I get my UI benefits granted, and then my company turns around and does an appeal on it – do I still get my benefits while they are waiting for the hearing date and everything, or are my benefits on “hold” until the final outcome?

  59. Caitlin Says:

    Hi Mickey! In most states you will collect unemployment benefits until the appeal. However, be aware that if the company wins the appeal, you may be required to repay the benefits you were paid. (From the state’s point of view, you were never entitled to them.) HTH!~Caitlin

  60. Monique Says:

    Hi Caitlyn!
    I have question about my eligibility for unemployment. I apologize in advance for the long letter. I was fired on Friday for attendance, but this entire last month I’ve felt I was being railroaded, so I am not sure a) whether I qualify for unemployment or b) whether I have a leg to stand on if my employer contests.

    I was with my employer for 4.5 years, during which time I was given two major promotions–the second was a role created specifically for me in September 08. However, this role required a much stronger project management skill set than I possessed (a concern I had begun expressing to my supervisor in November and was repeatedly told to just trust myself). In April, my supervisor acknowledged that they’d thrown me into a role that was above my head and hadn’t given me the proper training, so they brought in our company’s best project manager to temporarily take over the project and teach me that skill set. Neither the project manager nor I were given explicit targets for the project’s growth or measures for whether I was learning enough from her.

    June 2 I was brought into a meeting with HR and told that I was not meeting output expectations and that putting me with the project manager hadn’t “worked.” However, they said they still considered me a valuable employee (I had been told on numerous occasions that I’d been identified as a high performer they wanted to retain) and wanted to help me be successful. I was also told that I could take some FMLA time if I needed–I had previously disclosed indirectly to my supervisor and directly to HR that I suffer from chronic depression and had truly been doing my best to perform since my promotion–because my supervisor’s first concern was my health, and they both said it was obvious that something was going on. They said to let me know what I felt I needed. (This was the first time I’d been told since they brought the project manager on in April that I wasn’t meeting expectations.)

    The next day my boss sent me a summary of what had been discussed–the improvement request I’d been given was more communication about my progress during the week. I replied saying that I appreciated the opportunity to improve and that I felt that what I needed to be successful were explicit measures of success because I was being told I wasn’t producing “enough” but I didn’t know what “enough” was. I also proposed a measurement framework that would avoid a quantity-over-quality emphasis while still retaining output measures. The same day, I disclosed to HR that I’d learned a few months prior that my depression was really a mild form of bipolar disorder and that I’d been working very hard with my psychiatrist and my therapist to mitigate the effects. I’d also just found out that I had ADD, which accounted for some of my project and time management issues, and listed again all the techniques I was trying to mitigate those effects and improve. I was never received a response to my request for output measures.

    The following week I sent MWF updates about my progress and completed all my estimated output (as I had already been doing regularly); however, the Monday after that (June 15), I was again brought into a meeting with HR and told that I was not meeting performance expectations because I wasn’t producing “enough.” I was also told that they were going to dissolve my existing position and redefine the roles and governance involved with the project and I’d be put in my new role by July 15. I again asked for measures and was again told to make “more.”

    That Thursday I requested a meeting with HR to again express my concerns about the fact that I wanted to succeed but wasn’t being told what success was and that I felt like I was being set up for failure. The HR rep said that she thought my supervisor and his supervisor were themselves unclear about what they wanted for the future of the project and that was probably the reason my supervisor couldn’t tell me exactly what he wanted. She also said that if I had no measures of success then I also had no measures of failure.

    Earlier in the week, I had discussed my week’s tasks with my boss, including the fact that my production days for this project would be Thursday and Friday due to commitments to other strategic teams. He approved of that schedule. Unfortunately, Thursday was pretty unproductive for me, in part because I was increasingly demoralized; I’d told the HR rep this during our meeting, and she said that it was ok for everybody to have bad days. I sent my Friday afternoon update to my supervisor confessing that I hadn’t been productive and hadn’t finished the things I had scheduled to produce but that I was still committed to delivering and would send an update later that evening when I had completed them. He responded with a very angry e-mail saying this was unacceptable and demanding to know why I’d waited until the end of the week to work on this project. I replied to apologize for what seemed to have come across as a cavalier tone and clarified all of my phrasing and also to say that it had been my understanding when we discussed and he approved my week’s schedule that that meant we’d agreed that my work for this project would be completed over the course of Thursday and Friday. I again asked for explicit measures of success so that I would know when I’d had a successful week, and even proposed another measurement framework. I stayed as late as I needed to to complete the work (something I have always done–the day is over when the job is done).

    Monday June 22, my supervisor replied to my e-mail saying that he was happy I met my goal but that it was unacceptable that I’d stayed so late to do it. He brought up the fact that I consistently come in late and that I hadn’t shown improvement on that front, either. He said that if my output, communication, and timeliness didn’t show consistent improvement that we were moving to a situation that would warrant termination. HR was copied on the e-mail, so I wrote to her and said that I completely understood what he was saying below and that I felt like it was more urgent than ever to get explicit measures of success, but I didn’t want to request them myself because I didn’t want it to come across as further provocation. She spoke to him before he left for a conference, and my measures were these: Meet the goals I outlined in my weekly plan (I had been doing this consistently already, but that had not previously been considered success), send progress updates during the week (had also been doing since asked), and improve my timeliness.

    I was very happy to know what I was being measured on and put together the week’s plan. On Tuesday I found a better set of projects to get output from, so I sent a proposed update that was approved, and sent a Wednesday update that showed my progress thus far, with which my supervisor was pleased. The timeliness issue is true, and when I wasn’t at my desk when my boss called at 10:30 on Thursday (I am supposed to be in at 10), I e-mailed him when I got in a few minutes later to give a project update as well as to say that I’d been in earlier Tuesday and Wednesday but not that day. I said that I’d purposely scheduled a meeting for myself and a coworker for 10 am on Tuesday and that I’d come in on Wed on time for a 10:30 meeting. I wanted to show him that I was taking it seriously and that I was trying to improve.

    He came back from the conference on Friday, and later that afternoon, I was terminated for attendance. Naturally, I can’t dispute it because it is true, but it is also true that I’d tried to improve that week and was honest about the days when I fell short. Also, even though I came in late, I’d eat lunch at my desk and work until later in the evening–I was conscious of putting in the time I was being paid for. I’d been considering for some time asking my psychiatrist for some kind of note due to the morning nausea I got as a side effect from a medication that otherwise had really helped me overall. Obviously, it was too late for that. (I had told my boss about the nausea when I first started taking the medication about 10 weeks ago, though it’s true I’d been regularly arriving after ten for the better part of two years–and that was equal parts habit, mood disorder, and never getting in trouble for it.) My lesson learned there is that if that was the kind of accommodation I needed, I should have cleared it rather than assuming it was ok as long as I made up my hours.

    Considering how hard I tried to meet the expectations I was given and to get more explicit expectations when meeting the vague ones was still wasn’t “enough,” in addition to the fact that somehow in 24 days the situation went from “you’re a very valuable high-performer, tell us what you need” to “we’re at the end of our rope, you’re fired,” I can’t help but feel like Al Capone getting caught for tax evasion when it is clear within all the documentation I have that I’d been trying to please them and ask what would constitute the “enough” I wasn’t doing.

    Now, I know that all they need is one instance of me being late to fire me and that’s enough to disqualify me for unemployment because of a policy violation, but considering everything else that was going on and my documentation of my efforts to improve, could I not still be eligible? And if I am, what should I say on my application about the circumstances of my termination? (I don’t know if they ask that much detail.)

    My father suggested that I file as laid off since I’d been notified that my job was being dissolved and then call them on Monday to let them know I’d filed and that I would appreciate it if they wouldn’t contest. What do you think? I bear them no ill will, and I don’t think they bear me any, either, but I know this is business and I don’t want to make a misstep that will hurt my chances. At the same time, I know that just saying I was fired for being late will get me rejected.

    Again, I apologize for the long letter; as you see, though, I just can’t help but feel there was more going on here than what was documented in e-mail on Monday that got me fired on Friday, and there truly was a medical component to my attendance. Thanks in advance for your help.

  61. Monique Says:

    Goodness, that was even longer than I thought! lol Apologies again, and thanks again in advance.

  62. Caitlin Says:

    Hi Monique!

    Yup, that’s a long post. It raises several issues besides unemployment, which we will address.
    To be honest, with all due respect, your father’s suggestion made us chuckle. Wouldn’t life be grand if the business world was that reasonable? Unfortunately, that tactic will work about as well as asking your previous employer to just continue to pay you even though you are no longer working there. Most employers devote a lot of time and effort into minimizing their unemployment taxes. Those taxes go up every time a former employee is awarded benefits. So they are unlikely to see it your way.
    You could certainly lie to unemployment and tell them your performance was good, but you were laid off. However, there is about a 90% chance the employer will inform them that you are lying. At that point, the TWC will be unlikely to believe your side of the story, because you have already lied to them.
    The most positive spin you can put on this situation for unemployment is to tell them that you came to work late every day for two years (!) and you thought it was acceptable. If the employer denies your unemployment, you should appeal the decision. There will be a hearing and our guess is that you have about a 50/50 chance of winning the appeal.
    There are a number of other issues here that we think it might be helpful to address. We’ll post more about them later on this evening. HTH, and thanks for reading the blog!~ Caitlin

  63. Mickey Says:

    Hey Caitlan -

    I found out on Friday that my UI benefits were denied since I was fired for failure to perform to Employer Satisfaction.

    I just found it unfair that the folks at UI who call you and do the telephone interview thing just don’t seem to want to listen to what you have to say and just ask all these standard “yes/no” type questions. I just felt as if I wasted my time trying to explain my story to this woman and even told her how I had proof that my employer lied on the termination paperwork! It’s as if she made her decision as soon as she got off of the phone with me. The phone call was on Wednesday morning, letter sent on Thursday.

    I am going to appeal the decision and see what happens with my own personal statements that I did up explaining things and what went on while I was employed with the company, plus an email that from a customer that proves my employer was lying on part of the termination paperwork statement.

    I’ve appealed a decision before and won. I had quit a job in Calif to move out to Texas to care for my dying Mother, and at first was denied by the UI person who contradicted everything I had told him over the phone! Luckily I had a sympathetic appeal judge that listened to my side and decided that the reason I quit was compelling enough to get UI.

    I only hope I’m as lucky this time. Not sure how the appeal courts are here in Texas – if they tend to side more with the employers or with the employees and if whatever I have to present will be a waste of time, just as if was when I had my UI interview.

    I have a job interview on Monday, so that was good news I got later on Friday after getting the bad news in the morning!

  64. Monique Says:

    Thanks, Caitlyn.

    I was reading another post that mentioned using the same standards for all employees. The point may be moot for me since I’d been asked to come in earlier, but I figured I would mention it: My most recent supervisor used to be two levels above me (he was the boss of my boss). When I joined the company, my boss at the time regularly arrived around 10. She quit after about a year and a half. It was about another year before they found someone to fill that position, and he, too, came in late and left early until he was laid off sometime around October. It was under him that I got into the habit of coming in later and later, as did my coworker. When he left, they dissolved the position, and my coworker and I both struggled to break the habit. In April, our whole department was told that we needed to get in on time, which is what my boss referenced in his e-mail to me on Monday. Since then, my coworker moved in with her boyfriend, who gets up earlier, so then it was just me in the late club. I was told that they wouldn’t put up with this from any other employee; she still gets in late sometimes–infrequently, but still with some regularity. As far as I know, they’ve said nothing more to her. So there was precedent for toleration, though it may not matter in the end.

  65. Caitlin Says:

    Hi Monique!
    Unfortunately, that “precedent” really does not help you at all. An employer can allow you to come to work at 10:30 or 11:00 for two years, and then suddenly one day begin requiring that you come to work on time. Employers have the right to change company policy at any time. In April, the employer let everyone know they needed to come to work on time.
    The employer will say that on June 22, your boss let you know in no uncertain terms that if you did not consistently come to work on time, you would be terminated. Your tardiness did not improve and you were terminated.
    To be honest, you’re not going to find a lot of sympathy in the work world for this problem. Being able to show up on time is a minimum requirement for 95% of jobs.
    The fact that another employee occasionally comes to work late does not make it okay for you to constantly come to work late. (For one thing, she may have a different job. For another, there may be consequences for her that you are unaware of.) But see our next posts re:ADA and FMLA. HTH, and thanks for reading the blogs!~ Caitlin

  66. Caitlin Says:

    Hi Again Monique!
    It’s great that your bipolar disorder is controlled with meds. That is very, very good news, indeed. But we have some suggestions about how you can manage your work life effectively with this lifelong disease.
    Bipolar Disorder is both a disability under ADA and a serious health condition under FMLA. (So is chronic depression, for that matter.)
    The ADA or Americans with Disabilities Act requires an employer to make reasonable accommodations for an employee with a permanent disability. The employee must be able to complete the primary duties of his or her job with accommodation. The definition of “reasonable accommodation” varies from job to job and company to company, but in many cases a different work schedule, a slight change in duties, a reduction in work hours (with a reduction in pay) or unpaid time off can be reasonable accommodations.
    However, lowering performance standards for the job is not a reasonable accommodation. A very simplified example: John works at a widget factory where full-time employees are expected to make 40 widgets in 40 hours. John has a disability, and comes to work 1 hour later than other employees. But he still works 40 hours per week, so he is still responsible for making 40 widgets per week. Suppose John’s condition changes and he is granted the reasonable accommodation of working only 30 hours per week. John must produce 30 widgets per week. The performance standard of 1 widget per hour does not change.
    So many accommodations are possible — but lower performance is not one of them. The employer can and should expect exactly the same performance of you as they would of any other competent employee in that job.
    It is up to the disabled employee to identify and ask for accommodations — not the employer to suggest them.
    When the HR person and your boss sat you down on June 2 and asked what you needed to do your job, they were giving you an opportunity to ask for reasonable accommodations. It appears that you did not do so. At that point, coming in 30 minutes or an hour late each day may very well have been a reasonable accommodation. But you cannot just assume that it will be okay. You have to go through the formal process of requesting the accommodation and having it approved.
    It also seems that after the June 2 conversation, you thought the question remained open for discussion. It didn’t. When you walked out of that meeting, you had also tacitly agreed that you would perform up to their standards — the same standards they would set for any other employee in that job. (It is possible that if you had requested a change to a different job at that point, they would have done so.)
    So one thing you will want to think about is what — if any — accommodations you will need from your next employer.
    Some accommodations are so extreme they are an “undue hardship” for the employer. In that case, the employer is not under any obligation to grant them.
    There is no need for you to disclose during job interviews that you have a disability. However, once you are hired you need to ask the employer for any accommodation that you require to do your job. The employer may very well require you to document your disability, but employers must keep confidential any private medical information disclosed during an ADA discussion. They also cannot consider your disability in making any employment decisions.
    Check our archives and those on our sister site, blog.laborlawcenter.com for more info on ADA and reasonable accommodation. Feel free to post any additional questions you have as comments. HTH ~ Caitlin

  67. Caitlin Says:

    Hi Again, Monique!
    As we mentioned, Bipolar Disorder is also a serious health condition under FMLA. If the federal Family and Medical Leave Act applies to your company, and you have been there a year or longer, you qualify for up to 12 weeks of unpaid leave in a 12-month period.
    A person with Bipolar Disorder can use FMLA for doctor’s appointments, to come in an hour or so late, or to take a day off if she is having a “bad day.”
    Again, FMLA does not excuse poor performance. If you are at work, you are expected to be performing at 100% — or at least as well as any competent person in that position. So you would actually be better off in some cases taking the day off (unpaid) under FMLA, rather than going to work on a day when you know you cannot be productive. (This is also true of Chronic Depression.)
    We will say that sometimes an employee is just not suited for a particular job, and cannot perform well no matter how hard they try. The employer has certain objective standards they need any employee to meet. When the employee does not meet those standards, they can and should be terminated.
    Often we tell our children that if they try their best, that will be good enough. We also tell them that if they are honest about their misdeeds, they won’t be punished. Unfortunately, the rules of the workplace are harsher. Every day employees who are trying their best (but not performing up to the employer’s standards) are terminated.
    Sending the boss an email (or phoning him) to say that you are late is not the same as being on time.
    It’s fine to cut yourself some slack because you have suffered with this chronic disease for a long time. However, be aware that employers will not lower their performance standards, and nor are they required to. HTH, and again, feel free to post any questions you might have. All the best~ Caitlin

  68. Caitlin Says:

    Hi Mickey!
    Thanks for keeping us posted. Unfortunately, the people who process UI claims are very limited in the questions they can ask and the decisions they can make. So your decision to appeal was the right one. If you can keep it brief, the appeal judge will often listen to your story.
    That’s great news about the job interview! Best of luck! ~ Caitlin

  69. Monique Says:

    Thanks, Caitlyn.

    In the June 2 meeting, both my boss and the HR rep said to think about what I needed and come back. The next day I said I needed to know how many widgets they wanted me to make. I never asked to be given fewer duties or expected to be held to lower standards, and I was the only widget maker there ever had been, so there weren’t any rule of thumb guidelines. The part that doesn’t sit well is that for three weeks it was an issue of output, and the one accommodation I did ask for–made in direct response to the first meeting and reiterated when I disclosed my disorders to HR and each week when I was dinged for the previous week’s output– was to be given explicit output expectations so I’d know when I’d met them. That didn’t happen.

    I know I messed up with the coming in late. It had been tolerated for so long that it never occurred to me to codify an altered schedule as an accommodation until my boss raised the issue on Monday. Lesson learned!

  70. Monique Says:

    Laaaast question!
    When an employer mentions FMLA what should I ask for in the future to follow up on that?

  71. Caitlin Says:

    Hi Monique!
    A little more about productivity. Because, we totally, 100% get where you are coming from. But we can also see the employer’s point of view. And understanding it might help you on future jobs.
    Real jobs are complex, and not every job has a simple, objective measure of productivity. So creating one may not be reasonable or desirable. Oftentimes, employees who are depressed have no idea how much it is reducing their productivity until they are no longer depressed, or are compared with a coworker who is not depressed.
    One guideline of productivity might be: were you producing at least as much as the project manager they had moved in to “train” you?
    You also mention developing meaures that did not favor quantity over quality. The problem is, most employers feel that they are entitled to both quality and quantity from their employees’ work performance.
    It sounds like the three of you decided that you would produce weekly action plans and deliver progress reports on them.
    On one particular week, you had planned project goals on Thursday and Friday. On Thursday, you did not accomplish those goals. In your mind, if you stayed later on Friday to finish that work, it was the same as accomplishing those goals on Thursday.
    The employer sees it differently. To your boss, this was a clear violation of your agreement to be productive during the time you were at work. To most employers, it doesn’t matter why an employee is not doing the work expected of him or her. It could be laziness, a health issue, personal issues, lack of skills, etc. All that really matters is that the employer cannot afford to pay an employee who is not performing the job.
    That Friday, you stayed late to finish the work that wasn’t done on Thursday. But your boss wants to be able to leave work at the regular time on Friday, secure in the knowledge that all your work for the week has already been accomplished. So for him, staying late on Friday is also a problem.
    In your mind, as long as all the work was done by midnight on Friday, you were golden. In the employer’s mind, you did not accomplish the action plans that you had committed to. (We suspect that you would have been terminated for this, if you had come to work on time consistently.)
    That Friday, you were highly productive. The employer probably expected you to be that productive every day that you worked. (In the employer’s mind, the fact that it was humanly possible to accomplish both day’s work in one day, means the productivity goals you are setting are probably 50% too low.)
    So moving forward, flexible deadlines (the ability to “make up” work if you miss a deadline) might be a reasonable accommodation that you need. (Many employees handle this themselves by trying to perform the work ahead of time. They plan to finish a project on Wednesday that is due on Friday. If they miss their self-imposed “deadline” they still have a day or two to recover.)
    One more note: you mention that when you came in late you would work through lunch to make up for it. However, a number of studies show that employees who work through lunch and/or rest breaks are actually less productive than an employee who works the same number of paid hours but takes breaks. So the employer probably did not see this as a good thing. You should avoid violating any break policy unless it is specifically part of your agreement for a reasonable accommodation.
    You don’t mention if you were paid hourly or on salary, but if it was hourly, that just makes the situation worse when you stay late or work through lunch.
    But all of that is water under the bridge at this point. We think this is actually a positive thing, because it allows you to find a job more suited to your skills — and we are sure you will be highly successful in that job.
    By the way, you certainly can tell interviewers that you left because your position was eliminated. If they probe, you can tell them that project management was not a good fit with your skill set. There is no need to tell them that you were terminated for coming to work late. HTH!~ Caitlin

  72. Caitlin Says:

    Hi Monique!
    Absolutely! If the employer mentions FMLA that is a strong indication that you should take it. Our best guess is that on June 2 they hoped that you would take FMLA until July 15. Or, that you would sign up for intermittent FMLA to be used to come in late or for bad days. Either one would have probably saved your job (although it sounds like it was a job that you were not suited to, anyway.) However, you would still be expected to accomplish everything on your action plan on the days that you were at work.
    For the future, you should also monitor your own performance level and take FMLA on any day when you feel you cannot be productive. (See our post above on productivity.)
    Once an employee with a disability has used all of his or her FMLA leave, the employee may be granted additional unpaid time off (in some cases) as a reasonable accommodation.
    The employer actually went above and beyond the call by having a meeting to discuss FMLA with you. They were not obligated to do so. They were obligated to give you FMLA notification papers if you were absent one day for a reason that would qualify for FMLA.
    This meeting was their way of telling you that if something didn’t change, you would eventually be terminated.
    But again, it sounds like this job was not a good fit with your skill set anyway, so we can chalk it up to “live and learn.”
    We are happy to answer any addiitonal questions you might have. HTH~ Caitlin

  73. Monique Says:

    Hi Caitlyn!
    Thanks so much for all your advice! That June 2 meeting was actually prompted by my calling in sick on June 1, which is why they were talking to me about my health in the first place. I’d been calling in for a day or a half day because I wasn’t feeling well, about once every 2-3 weeks for about 2 months. The medication took a looooong time to adjust to. The first couple of times I was absent-I took a day and a half day in quick succession-I told my boss it was due to the side effects, but after that, I would just say I wasn’t feeling well.

    Thanks for all of the rest of your help and advice–especially the Thursday/Friday bit. I’m so right-brained that was actually a concept I had to wrap my head around. :) Back on the job search tomorrow!

    This is a really helpful blog; thanks so much for taking the time to answer our questions.

  74. Caitlin Says:

    Hi Monique! It’s great that you have such a positive attitude about this — with that outlook, you’ll go far! Cheers! Caitlin

  75. Tina Says:

    After becomming engaged I was harrassed by a supervisor at my job that I went on a few dates with. Going to work became a nightmare. At times he would follow me, lock the door when we were alone in a room together, touch me inappropriately, etc. He is well connected and protected in the company. I was unsure of where my fiance and I would live but I decided to quit my job and move after being harrassed for months. It was so stressful that I had to seek mental counseling. I’ve filed for unemployment stating that I moved to have help taking care of my kids because I didn’t feel comfortable or safe telling them the whole story of what happened to me. I was just denied my unemployment benefits. Can i qualify if I just mention that it was because of childcare? How long would I have to wait to qualify if I am gettting married in 2 weeks? I’m not sure what options are availabe to me. The guy that was stalking me is still sending me emails.

  76. Caitlin Says:

    Hi Tina! Obviously, this was a terrible situation and it is good that you are out of it. Our recommendation is that you file a sex discrimination complaint with the EEOC. This is a blatant case of sexual harassment. Send the former supervisor an email that you want him to stop contacting you. If he continues, then contact the local police to file charges that he is stalking you.
    If you reported this behavior to anyone at the company and they did nothing, then you have a strong discrimination case. Unfortunately, if you did not, they can’t stop behavior that they are unaware of. (But still file an EEOC complaint so they know what this guy is up to. You may not be the only victim.)
    Unemployment is a separate issue. In most states, an employee only qualifies for unemployment benefits if they are able to work, and actively seeking work. An employee who never has childcare, is not able to work. (If you did not have childcare for a day or a few days, but now have childcare, that would be a different situation.)
    On the other hand, if you quit due to this supervisor’s harassment, including inappropriate touching, you probably will qualify for unemployment. HTH, and thanks for reading the blogs!~ Caitlin

  77. Irish Says:

    I was fired over a month ago when a fellow employee took crappy pictures at an awards event that were going to be used for publication. When the boss found out the pictures were terrible she instructed me to get headshots of award winners in less than 12 hours. Some were very high up in their company’s chain and I knew some were going to be difficult, if not impossible to acquire. I asked employer if we had contact numbers for the award winners and she said, “Get a GD phonebook.” I was taken aback by her remark but did as I was told. I had just hung up the phone with the second of 6 people she wanted photos from when she called me back to her desk. As soon as I went into the area where her desk was she stuck her finger in my face and said, “Dad said you cop an attitude you’re effin fired.” I didn’t cop an attitude and wasn’t sure how asking for phone numbers was considered an attitude. I said “Fine” and walked back to my desk and started gathering my things and I left.

    I filed for unemployment but was denied because employer said I quit my job. I never quit I was fired. How can you appeal when there weren’t any witnesses to the firing? It’s her word against mine. The fellow employee who took the terrible photos said she did not tell her what the employer said to me and can not be used as a witness. Former employer did tell fellow employee that she wondered if I was going to file for unemployment and that she should have never cussed at me when she spoke to me. What can I do?

  78. Caitlin Says:

    Hi Irish!
    You need to appeal the unemployment decision. (Often appeals can be handled by phone, so you won’t have to confront your ex-employer.) Write down exactly what happened, and tell it to the appeals judge. Mention that you understood “You’re effin fired” to mean that you had been fired.
    If possible, have the fellow employee give evidence on your behalf, at least to mention that the employer swore at you.
    (In all fairness, we have to point out that this may have been a simple miscommunidation. When the employer said, “You cop an attitude you’re effin fired.” she may have meant, “IF you cop an attitude, I will fire you.” But that is not how you understood it at the time, and you don’t need to mention this to the appeals judge.) It sounds like this was a family business, and a very poorly managed one at that.
    There is about a 50/50 chance that the appeals judge will see it your way.
    HTH, and thanks for reading the blogs!~ Caitlin
    PS You did not ask, but we are going to offer some free advice. We notice that your I.D. is “Irish.” It is illegal in the US to discriminate against an employee based on national ancestry. For that reason, most HR managers are more comfortable NOT knowing that you are of Irish heritage. It would be better to leave that information off any work-related or HR communications. On the other hand, if you are Polish and your first name is “Irish”, ignore that advice. Cheers!

  79. rob Says:

    Re: Claim Status – for the first 4 weeks after filing on the TX UI website my claim status was “TWC is reviewing your claim …”. as of yesterday that message is gone and it just shows the eligible amount (no $ next payments just $0). Any idea what no message in claim status means? Ty

  80. rob Says:

    FYI: the claim status page always displayed the max amount to be paid out with $0 next to the payments so that didn’t change. Only the message is gone.

  81. Caitlin Says:

    Hi Rob! It sounds like your claim has been approved but no benefits paid out yet. But that is just a guess — you’d have to contact TWC to find out for sure. HTH and thanks for reading the blogs!~ Caitlin

  82. rob Says:

    Thanks.. Called TWC yep approved. Another question if you went to HR to get FMLA paperwork started (first section is completed by employer) and then when you gave it to your doctor (second section to fill out) and while that wad being done (can take a couple weeks for the doctor to complete) they fire you for “performance” without any warning could that be actionable as you had only in the past 30 days started the FMLA process ? Wrongful termination ? Ty

  83. Caitlin Says:

    Hi Ty,

    This is probably not wrongful termination. An employer can take any action against an employee on FMLA that the employer would have taken anyway, if the employee was not on FMLA.
    And in this case, the employee was not on FMLA. The employee was thinking about applying for FMLA at some point. Under the current FMLA rules, an employee normally has 15 days after receiving FMLA papers to return them to the employer. So it’s not clear that FMLA would have been granted.
    Many employers do warn employees with performance problems, but there is no law that they have to.
    If the termination was due to the FMLA request, then this might be illegal discrimination. But it is difficult to see how that is possible, when the FMLA request was never even completed.
    If the termination was due to illegal discrimination based on race, color, religion, sex, age (between 40 and 70), pregnancy, etc. that would be illegal. Otherwise, unless it was retaliation for the employee filing a discrimination complaint or being a whistleblower, it was probably legal.
    If you feel you have a wrongful termination case, you should consult an attorney for advice on your specific situation. HTH, and thanks for reading the blogs!~ Caitlin

  84. Lola Says:

    Hi! I am in a sticky situation at my retail sales position. I have just received a final write up for attendance that will stay on my record for 6 months. I will be terminated if I get 1 more within that time. This last write up, and 5 out of 9 others that I received this year were for not attending meetings that I was not told about at all or in a reasonable amount of time. For example, I am told to attend a 7am meeting on a Wed. morning at 5:45pm on Monday night. I tell my manager that I could not attend due to appointments made months ago that were asked off for and scheduled, but I get written up anyway. This last one is for a training at another store that was not posted on my schedule, my manager only sent me 1 e-mail weeks prior and never spoke to me it. I actually showed up to work at the scheduled time but got written up anyway. I have e-mail documentation illustrating this and have brought the issue up and filed an grievance against my manager with my Union. My question is, to ensure that I will receive benefits, would it be better for me to get fired or is it possible for me to quit. I really do not want to get fired from my career position of over 5 years. Also, I have long documented major medical problems that I have received FMLA leave at this job in the past. I could absolutely get a written recommendation from my MD that that states I should quit my job due to the stress caused by this situation and the type of work that I do that dose absolutley exacerbate my ongoing chronic condition. What do you think would be the best way to proceed??? Thanx in advance for your answer! :)

  85. Caitlin Says:

    Hi Lola!

  86. Lola Says:

    Hi Caitlin! I was served my write-up Friday… Do you have any advise on how to secure my unemployment???

  87. Renay R Says:

    Approved for benefits, Quit-with good cause. Employer sent an appeal;hearing Monday :{
    Reason to quit: salary cut from $4,200 per month to $2,500; company having financial difficulties. Found another job to start in August. Discussion with employer, told him I would stay until the end of July to finish large project.He said he did not want me to stay and let me go that day.
    Any suggestions to bring up during the hearing.

  88. Daniel Says:

    I am a sales agent at my company and was also one of the top producers in the company. I was let go today because of a complaint a customer had. This lady bought something from our firm and then decided that she did not want it any longer and made up things about me so that she could get a refund. She was supposedly the reason I was let go but I believe there is more to it. I think they were just finding an opportunity to let me go. I believe everything that happened today was very unfair. I feel that the company is actually targeting top producers who are minorities at the firm because if you hit about 1.5 million in sales then you would get a bonus at the end of the year. The last day to submit invoices is next Monday and I was fired on Friday. The invoices I would have submitted on Monday would have gotten me to the 1.5 million mark. There have been many other people who have been fired in this way. I believe I have been discriminated against because I am a minority and the people who have been fired recently have all been minorities.

    I do not get a salary here. I work on commission only. Will I be able to apply for unemployment in this situation? Again, I feel that this was wrongful termination.

  89. Caitlin Says:

    Hi Daniel! This is a difficult situation and you have our sympathy.
    Unfortunately, this unfair tactic is fairly common in commission-only sales. The sales person is promised a huge bonus if they reach a certain level in sales, and fired just before they would collect the bonus. Companies use this tactic to motivate salespeople, and to keep top producers (for a while) at fairly low wages. Even if the employer let you go for no reason at all, this practice would be unethical — but it is lawful.
    Salespeople who are offered large bonuses should always look around to identify the other employees who have already been paid such bonuses. If there are none…that would indicate a problem.
    However, if the only people being targeted in this way are minorities, then this action is probably illegal discrimination. If Caucasian sales people are paid the bonus, while salespeople of other races or colors are fired before receiving the bonus, then you have a good case for illegal discrimination. You should file a complaint with the EEOC at http://www.eeoc.gov. They will investigate the complaint and if they find it has merit, they will sue the company for you. There is no charge for this service — it is your tax dollars at work. HTH and thanks for reading the blogs!~ Caitlin

  90. Maria Larson Says:

    I move to California from Texas; my whole family moved, therefore I quit my employer in Houston. I worked for 3 years and I was a good employee.
    Can I still collect unemployment benefits from Texas?

  91. Caitlin Says:

    Hi Maria! You may be able to collect unemployment in California. Usually, an employee who quits his or her job cannot collect unemployment. An employee who was already out of work and moved to California might qualify for unemployment. However, if you had good cause to quit (the employer changed your wages or hours) then you may qualify for unemployment.
    You should apply for benefits at the nearest unemployment office in California. If you are awarded benefits, they will collect them from Texas. HTH, and thanks for reading the blogs!~ Caitlin

  92. Kami Says:

    Hi – I worked for a company for 11 months, quite a bit of that time was uncomfortable for me as I never felt like I was a good match for them, but continued doing my job to the best I could under those circumstances. In the last month I was there, I was given a “30 day Improvement plan” which was like a probation period. I made sure immediately following the notice to do everything asked of me and followed all instructions to improve my work. The next week, my son got swine flu. I was notified by daycare on Monday at 4pm, so I left with permission to go and get him. I took him to the doctor on Tuesday and called my boss immediately after his appointment. I called again Wednesday to let them know he was still sick and said if I could find someone to keep him I would come in on Thursday. We both ended up sick Thursday and in the midst of all of the sickness I failed to call on Thursday morning and called at 10am on Friday. They called me back and said they were letting me go on “no call, no show” as the official reason. Will I qualify for UC or will I have to fight? If I fight do I have a chance?

    Thanks!

  93. Caitlin Says:

    Hi Kami! You have about a 50/50 chance of getting unemployment. You were no call/no show on Thursday, so unless you were too weak to get out of bed, it will likely be denied. You can always appeal it, though. HTH, and thanks for reading the blogs!~ Caitlin

  94. Rob Says:

    Hello, I was at a Director-level in a company for about 8 months. Out of nowhere, my boss terminated me for “lack of confidence”. It doesnt make sense to me because all of our one-on-one conversations had been positive regarding job performance. I found out that they eliminated my position and have it reporting to a different group entirely but now they are fighting my unemployment. Now what? Thanks in advance.

  95. C Michelle Says:

    Hi – I was terminated from my job on the basis of not following company policy on handling an account. I have been with the company for 8 years without any infractions or write ups. I was unaware that the policy on handling these types of accounts had changed. I managed the account as I normally would in the past. In advising that I was unaware of the change and never recieved training or information on the policy, they stated they still had to let me go because of the conclusion drawn from the consequences. I applied for unemployment today. I lost my job so abruptly that I am in between a rock and a hard place. Could you please give me some insight on the possibility that I could receive UI. I am a little concerned since I was terminated. I really loved my job as was great at it.

  96. Caitlin Says:

    Hi C. Michelle! If unemployment is denied, you should appeal that decision. You should win, since you were unaware of the policy change. HTH, and thanks for reading the blogs!~ Caitlin

  97. Caitlin Says:

    Hi Rob! If you are denied unemployment, you should appeal that decision. Usually you will win, because no intentional misconduct occurred. HTH, and thanks for reading the blogs!~ Caitlin

  98. Robert Says:

    I was terminated from my old job and found a new job after being termimated. Then a month after I was laid off from my new job. Do I get unemployment benefits from my old job.

  99. Robert Says:

    I was terminated because I broke a store policy.

  100. Caitlin Says:

    Hi Robert! You should apply for unemployment. If you qualify for it , the most recent employer will be the *chargeable employer.* If you were fired for intentionally breaking a company policy, you may not qualify for unemployment. However, if you were unaware of the policy, or it was beyond your control, then you may qualify. HTH, and thanks for reading the blogs!~ Caitlin

  101. Nicole Says:

    Our life sitation will be changing tremendously in a few months. My husband has lost his job and will be going to another state to take advantage of a program for atheletes to complete their degree free of charge which would cause me to have to quit my present job and look for work in the state that we will be moving to. We have tried to see if their were any ways aroung it but there are not, he would have to complete the coursework on campus there. Would I be eligible for unemployment benefits should I resign from my current position?

  102. Caitlin Says:

    Hi Nicole! In many states, no, you would not be eligible for unemployment if you quit to move. If you were fired, and then moved to another state, you might very well qualify for unemployment. HTH, and thanks for reading the blogs!~ Caitlin

  103. kremacja Says:

    Yes, that is true, I agree with you, but I am not sure if there are no other options.

  104. Caitlin Says:

    Thanks for your input, Kremacja!~ Caitlin

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  106. http://traveldealstoparis.com/2010/05/restaurants-paris Says:

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  107. Sean Says:

    I am here to ask a question regarding my pregnant girlfriend. She has been working at a dealership in Killeen Texas for about 7 months. She had cordinated a last day with her boss. Today she got into work and her boss informed her that today was her last day because they have nothing else for her to do and besides that it is the last day for payroll. My girlfriend then said I can do anything for you, I really need the money because obviously I am having a baby in a few weeks. Her boss said we just have nothing for you to do. She didnt want to argue with her because she wants a good review. But since she has been let go for reasons only surronding her being pregnant, which is why they brought the extra help in any way. Can she file for unemployment? Thanks for the advice!!

  108. Caitlin Says:

    Hi Sean! If we understand you correctly, the employer hired another worker to replace your girlfriend after she had the baby.Once that person was trained, the employer claimed there was no work available for your girlfriend and let her go. Yes, even if she were not pregnant,your girlfriend would qualify for unemployment when she was laid off due to lack of work. (She will not qualify for unemployment during the 4 to 6 weeks she is physically unable to work after childbirth, but she can file another unemployment claim afterwards.)

    We agree with you that your girlfriend was laid off only because she is pregnant, which is illegal discrimination based on pregnancy under federal law. She should file a complaint with the EEOC at http://www.eeoc.gov. HTH, and thanks for reading the blogs!~ Caitlin

  109. Cara Says:

    I have a question about whether I would qualify for unemployment benefits. I have been at the same job for 4 years. I have been on salary for each of those years. My boss is now taking everyone off of salary and changing the pay structure to an hourly rate. For me, this will be a significant reduction of pay. I had no notice or warning of this change. With the profession I am in, this late notice has taken away an opportunities i may have had to find a similar position elsewhere. What are my options?

  110. Caitlin Says:

    Hi Cara! Your best option might be to continue to work while looking for a better job.
    In Texas and most other states, an employee who quits rather than accept a significant change in working conditions qualifies for unemployment benefits. If your income will be reduced by 30% or more, that would probably qualify as significant. However, this applies only if you quit without working under the new salary arrangement. If you work under the new salary arrangement for even one day, you have accepted the new arrangement. If you quit after that point, you do not qualify for unemployment benefits. HTH, and thanks for reading the blogs!~ Caitlin

  111. Cara Says:

    Thank you Caitlin! I Have alot to think about. I have not started working under the new pay structure yet, the hourly rate will go into effect in a few weeks. And I have not agreed to the new structure yet. Thank you for the information and advice! Very helpful!

  112. Caitlin Says:

    Hi again Cara! Glad we could help. Feel free to post any additional questions you might have. ~Caitlin

  113. Jennifer Says:

    I have a question regarding the TX workforce Commission and Taxes. I filed unemployment after a 1 week long nanny job for 200 cash it was a temp job i was having a hard time fiding a ft position. I recieved full UI benifets until i started a pt posiion, then I only filed pt UI ben. well the ben ran out and i was stil working for the same pt employer. Well several monthswet by and i was eigible for UI ben again well i refiled and then i recieved a call from the former nanny employer stating screwed them and that now the TXworkforce has had there taxes flagged for the last 10 years and that some of there records were burned in a fire so now they coud not prove anything/rec etc and they would have to pay the gov back all their previous taxes plus pen. because refiled. i have since found a ft position and have only recieved 6 dollars after re-filing and am no longer eligible and am o longer filing. reguardless Does any of this make sense because it does not to me, could you please explain how the system works i would really apprciate it

  114. Caitlin Says:

    Hi Jennifer! We will try to explain in general terms.

    Many employees think they *pay into* unemployment, but they are mistaken. Every employer must pay unemployment taxes on each employee who is currently working. That money is then used by the TWC to pay unemployment benefits to employees who are not currently working. So the employer — not the employee –pays unemployment.

    The amount of unemployment tax the employer pays on each worker depends upon several factors. One of those factors is the percentage of former employees from this company that collect unemployment. This is why many employers are determined to deny unemployment to everyone they can. Each person who successfully collects unemployment increases the taxes for every employee the company has, for several years.

    Usually the most recent employer is the *chargeable* employer, meaning the employer whose taxes go up when you are awarded benefits. So if you work for ABC company for five years, and then work for XYZ company for one week, XYZ ends up paying the unemployment. That might not be fair, but it is the way the system works, in Texas and other states.

    Frankly, we are surprised that you qualified for unemployment. Usually, when an employee leaves a temporary job for any reason, they do not qualify. We suspect that this former employer kept very poor records, and was not able to dispute your unemployment claim — which is good. You could have been denied any benefits at all.

    We do not believe this story about *records being lost in a fire.* The TWC keeps their own separate records. Some smaller employers break the law by not paying their unemployment taxes. When you filed for unemployment benefits, this employer got caught. Now, they have to pay all the back taxes for several years, plus penalties, plus higher taxes in the future because you were awarded unemployment.

    You did not *screw* them — they screwed themselves by breaking the law. If they had paid their unemployment taxes (as required by law), they would not be having this problem now. It is not reasonable for an employer or anyone else to expect you to cover for them, when they break the law.

    We will say that when an employer offers to pay you *cash*, that is an indication that they are operating illegally and not paying employment taxes on employees. Still, there is no need for you to protect them. By doing so, you harm everyone who needs to collect unemployment at some point.HTH, and thanks for reading the blogs!~ Caitlin

  115. C Michelle Says:

    Hello, I am actually inquiring about the qualification for UI Benefits in Texas for quitting a job. My employer is relocating the office to another area that is completely out of my way. I am already having to commute more than 30 miles to get there. This will now be a 60+ mile commute from my home. I am not making a great deal of money and this will eat me alive in gas mileage. I initially took this position for a substantially lesser pay from my previous job awaiting my UI benefits and finally received back pay a week later after a 8 week wait. I ended up having to keep this job and now this is happening. I still have 6k in my UI account. Will this be affected and will i qualify if I have to quit my current job?

  116. Caitlin Says:

    Hi C! This is a gray area, and depends partly upon where you live in Texas. If the employer moved 300 or 3,000 miles away, and you quit rather than accept a position at the new location, you would qualify for unemployment. (Assuming that you were otherwise eligible.)

    However, 30 miles away might not qualify. The distance from you home is irrelevant. The relevant factor is the distance that the new location is from the old location. Apparently this is 30 miles. (You already indicated that you were willing to make the 30-mile commute when you accepted the job. So, only the additional 30 miles is an issue.)

    In some areas, such as DFW, a 30 mile commute would be within the normal commuting pattern and not regarded as *good cause* to quit. In a small town, it might be good cause to quit.

    We will add that in the current economic conditions, we would not advise anyone to quit a job. It is probably better to continue working while you look for a better job. HTH, and thanks for reading the blogs!~ Caitlin

  117. Shevett Says:

    Hi, I was a fulltime employee at my job, and due to lack of work was told to take prn or resign from my position. I am confused about what my next steps should be because I had to sign a paper that said I would have 30 days to decide. I was moved 175 miles from my home to this job on a contract for 1 year. I was given a sign on bonus, which would be forgiven and I would receive a severence package if I resigned. Would I be disqualified for unemployment benefits?

  118. Caitlin Says:

    Hi Shevett! This is a gray area. If you quit due to a significant change in hours or working conditions, then you usually qualify for unemployment.

    Many times the severance package agreement specifically states that you are voluntarily resigning and you will not be eligible for unemployment. The employer may be willing to negotiate this with you. If not, in this business climate, if the severance package is less than you would collect in unemployment for a year or two (and if it denies you unemployment) then you are better off not accepting it.

    If you accept prn work, you will probably qualify for partial unemployment benefits. However, be aware that once you accept the new arrangement, if you quit after that you will not qualify for unemployment.

    (It sounds like you are a nurse. If your chances of finding a new job are very good, then the severance agreement might be a good deal.)

    The employer could let you go at the end of the one-year contract, and as a temporary employee you would probably not qualify for unemployment benefits.

    Because of the signing bonus and the one-year contract, you may want to consult an attorney to check the severance agreement and figure out your best option. HTH, and thanks for reading the blogs!~ Caitlin

  119. Patricia Says:

    I worked for a company about a year before I recieved my first promotion, i was the administrative assistant to the supervisors, i was also told the company would be taking over the accounting part. They wanted me to train in order to be able to assist the other employees. I was cross trained in every position in the office. shortly after the Accounts department became mine on top of the fact that i was still the Administrative Assistant. i spoke with the supervisor asked him to please hire some one else to help with all the work it was extremely stressfull, two different jobs and to have to cover for the other employees when they were out of the office. He simply told me no that he could not base it off of my opinion. i became so stressed out i turned in my resignation. All he said to me was “you should have talked to me before you turned in your resignation”. Which i had done on a daily basis, but still he was not willing to help me. Since i resigned would i be able to apply for unemployment benefits?

  120. Caitlin Says:

    Hi Patricia! We would always encourage every employee to apply for unemployment, but usually someone who quits due to a heavy workload does not qualify for benefits.

    One of our favorite approaches to a problem is to ask, “What can I learn from this? What could I have done differently?” In this case, we would say that when you speak to your boss daily about the excessive workload, many supervisors will hear that as simple complaining or everyday griping. A better tactic might have been to not mention the topic for several months, then schedule a conference with your boss to discuss it. It would also be helpful to have a concrete suggestion such as, “If we hire a part-time receptionist for 15 hours per week and pay her the minimum wage…”
    Another option for an employee who is overwhelmed is to work at a good pace all day, but not to “kill yourself” trying to get all the work done. When the boss wants to know why work was not completed, well, it is because you cannot be everywhere at the same time. HTH, and thanks for reading the blogs!~ Caitlin

  121. Adriana Says:

    I recently moved from Austin, TX and quit my 2 year job. I had to quit because my boyfriend, who I have been living with for 5 years, lost his source of income. We could no longer afford the bills in Austin and I was forced to move back in with my parents still in Texas. I put my 2 weeks in and quit the job in Austin, and am currently having trouble finding a job in my new small town. Would I qualify for unemployment in Texas?

  122. Caitlin Says:

    Hi Adriana! You should certainly apply for unemployment — it never hurts to try. And, the TWC offices have many resources like resume help and info on job training. However, generally an employee who quits to move to another town does not qualify for unemployment benefits. An employee who is laid off who then moves to another town to look for work, may qualify. HTH, and thanks for reading the blogs!~ Caitlin

  123. Mike Says:

    My wife is at a job that she is miserable at, and has been for several years. We are also unhappy with the child care facility that our infant is currently at. My wife wants to quit and stay at home with our baby. The baby has no know medical conditions, but is just not sleeping or eating much during the day while at the child care facility. If my wife quits we will be unable to afford child care. Can she quit and stay home with the baby and claim unemployment due to inadequate child care? Will she have to look for a job?

  124. Caitlin Says:

    Hi Mike! Your wife can certainly quit and stay home with the baby but will probably not qualify for unemployment benefits. After all, you could easily find another day care facility or in-home daycare provider for the baby. The real issue here is that your wife understandably wants to care for her own child. This would not qualify her for unemployment, since it is her choice. HTH, and thanks for reading the blogs!~ Caitlin

  125. Myriam Says:

    I was recently terminated after 3.2 years of employment for “loss of trust and confidence”. I had an impeccable record with the company but I was falsely and maliciously accused by a contractor (non-permanent employee) of having discussed a pending discrimination case with him. I had never been written up, counseled, or anything of the sort. I know that Texas is an “at-will” state and employers can fire you without a cause but, could that affect my unemployment eligibility?

  126. Myriam Says:

    PS: on the day he claims I discussed the case with him, I was out of the office (sick). He claims it was during a telephone conversation. I even have proof that I ended up in the hospital that night, and diagnosed with COPD. I truly was not in the mood for gossiping, let alone discuss such an important matter.

  127. Caitlin Says:

    Hi Myriam! If your unemployment benefits are denied, you should appeal that decision. Based on the facts in your post, you would win on appeal. It would be helpful if you had a reciept or other proof that you were at the hospital that night.
    When an employer terminates an employee for cause after repeated written warnings, usually that person does not qualify for unemployment benefits. However, in your case there were no warnings.
    You may also have a case against the employer for wrongful termination or illegal discrimination based on a disability (COPD.) HTH, and thanks for reading the blogs!~ Caitlin

  128. Myriam Says:

    Thank you for your quick response! I truly appreciate your feedback and orientation. I have all the hospital papers, and I will be acting on my claim immediately. Once again, thank you for giving me some hope!

  129. Caitlin Says:

    You are very welcome, Myriam!~ Caitlin

  130. Julia Says:

    I was terminated, due to a comment about my previous employer that I posted on a Social network. My HR lied and said another employee printed it, when she actually read it herself, there is no hard proof. Will I still be able to receive unemployment benefits?

  131. Caitlin Says:

    Hi Julia! There is no requirement that the comment be printed, in order for you to be fired. If the HR person saw the comment onlin, that is enough — especially since you are admitting that you did this.

    However, in one recent case the NLRB ruled that employees have the right to vent to friends on social networks about job-related issues. So you may want to contact the NLRB.

    Since you were fired for misconduct, there is no guarantee that you will qualify for unemployment benefits. You can appeal the decision, especially if you were not aware of this policy in advance. HTH, and thanks for reading the blogs!~Caitlin

  132. Julia Says:

    I just got denied unemployment benefits and am considering to file an appeal but would like to know if the grounds for leaving my previous employer qualify.

    1. The initial employment agreement between us was that he would sponsor my investment licenses the series 6 & 63 so they wouldnt lapse preventing me having to retest and of corse pay the expensive fees for them. He agreed to do so since this would also benefit his office because he was the only one who had these licenses but was out 80% of the time and this way I could bring in more investment accounts to the office.

    2. To sponsor my licenses we had a deadline at the time was 6 month period so since my first month I started reminding him to do so (March 2011). He would always respond that he was working or would do it right away.

    3. During my 8 month length of work it was constant head aches with his wife she kept making comments to the other employees that she didnt like the fact that her husband (my boss at the time) was looking at my behind.

    4. One day she walked into my office with a pair of black slacks told me that the ladies at the office were religious people and felt uncomfortable by the way i looked and dressed and that she was bringing the pair of black slacks because she wanted me to wear 4 to 5 sizes bigger. I told her that I wouldnt be wearing anything I wouldnt feel comfortable and didnt see how my black slacks or button up long sleeve shirt was a problem or made people feel uncomfortable.

    5. I have worked in other profressional enviorments and never had been told that i dressed as if i worked in a night club or that i need to buy blazers that are long enough to cover everything.

    6. I was so offended by her that I turned in my keys and walked away. My ex boss called me and apologized, said his wife just felt insecure since the first day she saw me asked if I could please go back to work and that she was no longer allowed in the office. I did so because it is difficult to find work and had been unemployed previously for a year.

    7. In October she came back to the office and the small comments to the other.employees about me started again. I felt betrayed by my boss but kept on going to work and focused on just meeting my goals and ignore everything else.

    8. The last week of October my bosses boss came in to visit him and he mentioned to her that i was also had the series 6 & 63 licenses to sell mutual funds in his office. Then 3 or 4 days later i get an email by her cc my boss stating that my licenses had lapsed because the request was never submitted. I sent him an email asking him if he had indeed allowed my licenses to lapse.

    9. He called me into his office and started off by saying yes licenses are not important to me, to be honest i could careless if you have them or not. I just month by month placed that into the bottom of my todo list and i never agreed to sponsor them in the first place I just said I MIGHT but there is no written contract that says so…

    10. I was caught so off guard by his actions he had gone back on his word and was now.basically calling me a liar as he denied our intial agreement. I explained all this to the unemployment worker but he didnt seem to grasp or even care to understand the situation. Could you please guide me if i was wrong in qutting because of this?

  133. Julia Says:

    Sorry about my typo errors my phone keyboard is not working so well.

  134. Caitlin Says:

    Hi Julia! No problem, we fixed the typos and numbered the issues in your post, for clarity. This is lengthy, so we may have to post two messages to answer all your questions.
    The bottom line: it never hurts to file an unemployment appeal, but you do not have a very strong case.
    1. Unfortunately, the employer is essentially correct. Except in California or New York, there is no such thing as an “employment contract” in the same sense that there is a “real estate contract.” The employer makes the rules in the workplace, and the employer can unilaterally change them. Any agreement in terms of pay or benefits should be in writing, in an offer letter or similar agreement. And, even if such a written agreement is present, the employer can change it at any time.

    In Texas and most states, verbal agreements between employers and employees are unenforcable. Always get it in writing.

    It was probably unrealistic for you to expect this employer to pay the fees for your licenses, as well. This is not common practice. In most industries requiring licensure, including medicine, law and real estate, the employee pays for the license. It would have made more sense for you to negotiate a higher salary, that would allow you to pay for the licenses, rather than expect your employer to accept this burden.

    2. Again, hindsight is 20/20, but the better way for you to do this would have been to complete the forms, and request a check from him to cover the fees. When you received the check, you could mail it with the forms. In this way, you would be certain that the license was renewed.

    When the boss repeatedly says “I will do it later”, most reasonable employees will realize that means it is not a high priority for him and probably will never be done.

    When you failed to see the check, it was obvious that your employer was backing down from his previous commitment.

    3. This is the only thing in your post that really concerns us. If the wife is right, and her husband was looking at your behind, he is guilty of sexual harassment. The problem was his behavior, not yours.

    Unfortunately, because you took no action at the time, you have a very weak case for sexual harassment against your boss. You should have reported this situation to HR or your bosses boss.

    The wifes status is not clear to us. If she was not an employee, then it is unprofessional for her to be constantly visiting the office and gossiping with the other employees. This is poor business management, but it is not illegal.

    Based on the fact that the boss had reneged on his pre-employment promise to you, and the business was poorly managed, many employees would have begun looking for a new job at this point. But perhaps the economy was so bad this was impossible.

    4. The employer has to make reasonable accommodations for an employees religious beliefs, but this does not include dictating what other employees will wear. For example, a female Islamic employee might be allowed to wear a headscarf to work, but could not require that all the other female employes wear headscarves.

    Nevertheless, the employer does have the right to set standards of professional dress in the workplace. If they felt your slacks were too tight or inappropriate for the workplace, you could be required to dress differently and be terminated or disciplined if you failed to do so.

    We assume that the wife was legitimately acting as a representitive of the company. If she is not an employee or co-owner, then she really had no authority in this or any other business matter. (If this is the case, you probably should have reported this problem to your bosses boss.)

    5. Each employer has the right to set the standards of professional dress in their workplace, and to discipline or terminate any employee who does not follow them. Many employers encourage or require female employees to wear blazers that cover the buttocks.

    But again, it is not clear if the wife was a management employee with authority to set these standards, or if she was just a meddling spouse. Continued…

  135. Caitlin Says:

    Hi again Julia,
    Answer to the rest of your issues below –
    6. You were offended, so you quit without notice and walked off the job. This is not a professional or appropriate way to handle a problem in the workplace. At a minimum, you should have calmly discussed it with your boss and given two weeks notice. If his wife is not an employee of the company, and he could not resolve the problem, it would have been more appropriate to contact HR or your bosses boss to resolve the problem of the wifes interference in office matters.
    7. Given the dynamic of this office, did you really expect her to stay away? It would be unrealistic to expect your boss to be less loyal to his wife than to you. Again, the best option would be to get HR or the bosses boss involved. (If your boss was the sole owner of the business, the best option would have been to start looking for another job.)
    8. You are the person who is responsible for renewing your license. It was your job to follow up on this and ensure that you retained licensure. This is part of being a professional — not “assuming” that everything has been taken care of by someone else as a special favor.
    9. He has a point. Even if he had promised to renew your licenses, he could have changed that agreement at any time. Because you have nothing in writing, you have no recourse.
    There are a number of boundary issues here. A professional businesswoman does not pressure other people to pay her licensure fees, or to renew her license. She does it herself. It crossed boundaries for you to try to get your boss to do this, and for him to agree. Although you may not have intended it this way, it implies that the two of you have a relationship that goes beyond business. His wife may be responding, in part, to this lack of boundaries.
    It is probable that your boss never had the authority to allocate funds to pay for your professional licenses. He may also have hoped that by promising to do so, he could develop a personal relationship with you.

    10. You do not say what happened next but we will assume that you quit again, possibly without notice.

    While this business was poorly managed, you do not have much of a case for unemployment.

    As you know, generally a worker does not qualify for unemployment when she quits. There are two exceptions. If the employee is the victim of sexual harassment, has complained about it repeatedly and it continues, and the situation becomes intolerable, in some cases the employee qualifies for unemployment if she quits. None of this is true in your case. There is no evidence that you found your bosses attentions unwelcome, you did not complain, it did not escalate. Therefore, everything about the boss and his wife is irrelevant.

    The only real issue is that you believed the boss promised to pay your license fees, and he did not do so. If an employer makes a significant change in working conditions, and an employee quits rather than accept them, sometimes the employee qualifies for unemployment benefits. For example, suppose a waitress was hired to work 7 am to 3 pm. A year later, her employer tells her that she will be switched to the 3 pm to 11 pm shift. If the employee quits rather than accept this new position, she usually qualifies for unemployment. If she works the new shift, even one day, before she quits, she has accepted it and no longer qualifies for unemployment.

    In your case, you do not have any evidence that the licensure fees were part of your working conditions. Even if they were, withdrawing this benefit is probably not a great enough change in your job circumstances for the TWC to find that you had “just cause” to quit. (If the employer reduced your salary by 50%, you would have just cause to quit — probably.)

    You were not necessarily wrong to quit — but you probably do not qualify for unemployment, either. It would have been wiser for you to continue to work while you looked for a better job.

    The unemployment agent is only interested in the specific events that occurred just before you quit. All of the drama about the wife, the black slacks, etc. is irrelevant.

    Having said all that, it never hurts for you to file an appeal. You may be able to make a case that the employer reneging on his verbal promise to pay your licensure fees was “just cause” for you to quit. HTH, and thanks for reading the blogs!~ Caitlin

  136. Julia Says:

    Sorry dont think i explained myself… There is no fee when the employee already has the licenses all the employer has to do is submit a form so they wont lapse but there is no charge for that. Therefore there was no funding issue there. Its when they lapse or cancel that of coarse i need to retest and pay the fee. About filling the form myself, that isnt possible the employer has to file it thats the reason i was constantly reminding him to do so & like i mentioned before this was supposedly been taken care of back in July acckrding to him.

  137. Caitlin Says:

    Hi Julia,

    Okay, that makes more sense. However, many employees would still have printed out the form, walked it into the bosses office and stood there while he signed it, then mailed it themselves.

    At the very least, the fact that you had to “nag” repeatedly would be an indication that he was not going to submit this for you.

    Unfortunately, this makes your unemployment case even weaker. There was no significant change in working conditions, hours, pay or benefits. There was no reduction in salary or fringe benefits. You asked your boss to do something, and he did not do it. That alone is not a significant change in working conditions, or “just cause” for you to quit your job.

    In some states, you may be able to hire an attorney to sue the company for violation of a verbal agreement. However, you will probably pay more in attorney fees than it will cost you to re-take the licensure test = and you may lose your lawsuit. HTH,and thanks for reading the blogs!~ Caitlin

  138. katie Says:

    I have text messages that were exchanged between my ex boss and I about his wife harrassing me. It was so much that it pushed me to quit a couple months after starting work could this be case be approved for unemployment with the proof of the text messages?

  139. Caitlin Says:

    Hi Katie! Yes, this may be enough for you to collect unemployment. If you think that some type of discrimination was involved, you should also contace the EEOC at http://www.eeoc.gov or an attorney. HTH, and thanks for reading the blogs!~Caitlin

  140. Mark Says:

    I am a returning Texas vet, I retired from the Air Force in Kansas and stayed in Kansas so I could finish a degree program I started before I retired. I spent 4 years in Kansas then after finishing my degree I wanted to return home. Back in Texas now I landed a contract position and after a few months (4) it was complete. Now I can’t find another position and filed for unemployment. It was denied because I voluntarily left my position in Kansas. So I guess as a Texas veteran I was never expected to return? Or is there a time limit? It sounds fishy

  141. Caitlin Says:

    Hi Mark! First of all, thank you for your service to our country. We wish we could be more helpful on this matter.
    Unfortunately, the denial of unemployment benefits was probably legitimate. If you had lost your job in Kansas, through no fault of your own, you would have qualified for unemployment benefits. Even if you then moved to Texas to continue your job search, you could continue to collect unemployment benefits in Texas, until you reached the maximum.
    However, an employee who voluntarily quits his job usually does not qualify for unemployment benefits. This is true, even when the employee quits his job to relocate to another state, and has a good reason for doing so, like returning home or being closer to aging parents.
    Unemployment benefits focus on your job history in the past 24 months. Unfortunately, your most recent job was a temporary contract position, and the job before that you quit voluntarily. So the unemployment agency looks at that and determines you do not qualify for benefits at this time.
    You can certainly appeal this decision, but frankly we doubt you will win. Instead, we suggest you focus your job search on resources for vets, some of which are listed at the links below. HTH, and thanks for reading the blogs!~ Caitlin

    Find job resources for vets at: http://vetjobs.com/
    and http://www.dol.gov/vets/

  142. Springfield xdm. .45 caliber Says:

    Ive been working for this company for the past 3 years. During all this time I never had any incidents or complains or write ups. I had a deviated septum/ rhinoplasty last december that had complications and the doctors had to perform an emergency surgery to correct the problem ( hemorrhage ). I had to 3 weeks off work due to this medical complications. After that I went to work and I talk with my supervisor ( even my Doctor called him ) about my medical problems and the certain limitation I should have, like too much pressure on my nose (we use respirators masks and tyvek suits ), too much phisical activity and etc. but he ignored them all and put to do regular/normal jobs. I did all my jobs perfectly, even under pain sometimes or little bleeding from my nose. The problem was during this summer, with temperatures over 98 and with body suits and masks, my nose hurts and had some bleeding too. I went to take with my surgeon 2 times , my doctor 2 times and they all suggested to stay out of the heat and talk with my supervisor. Which I did, and he also knew my condition because I needed to ask permission to leave early to go to my appt or because I didnt feel good

    He one day asked me why I look bad and I told him in front of everybody that my nose hurts and he didnt do anything about it. In other occasion he needed 2 workers to stay overtime and do some work and because I didnt raise my hand he called my lasy and he told me that I usually work overtime that he didnt know whats happening to me.

    So I thought about it. the embarrasing situations in front of my coworkers and all that and I decided to quit becuase I cant work outside, at least not all the time and no under pain. I called him and I explained the reasons to him. He just said ok.

    I can work in different areas, Im physically well and im willing to find a new job sacrificing money and dollars per hour , I can work in an enviroment that doesnt required put some equipment over my nose and Im sure theres plenty of them outside.

    The question is : Can I apply for unemployment benefits ? Last time I claimed was 4 years ago or so and It was for just 4 week.

  143. Veronica Says:

    Hi! I worked as a school teacher for nearly 2 years, however my degree was in marketing. I applied for a job that was in my field and offered a better salary and benefits so of course I accepted the job!! I resigned and gave 2 weeks notice to my current and employer bid my goodbyes and proceeded with planning to move. Exactly one week before I was suppose to start my new job, that was in Atlanta, I received a call that the position was gonna be taken by another candidtate and they apologized for the troubles. I live in Texas and had already made necessary adjustments to move! I even enrolled my daughter into school in Atlanta and sent her there with her dad, who already lives there, to start school. I was devastated! I applied for unemployment and was denied for quitting without good cause. Well I appealed and had the company that was supposed to be hiring me serve as a witness to my claim. My employer never responded to the initial claim nor did they participate in the hearing. What do you think are my chances of winning the appeal? Thanks for your time!!

  144. David Says:

    My wife works as a contractor for at a local company, there is a requirement that she must leave her job for a number of weeks(without pay) each year, will she eligible for unemployment during those times? Even though she will continue to work after those weeks are over.

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