Can I draw Texas unemployment benefits

by Leslie

(Texas )

Question: Can I draw Texas unemployment Benefits?

I was fired from a correctional institution as an LVN after 3 weeks of torture. I know they were wanting me to quit. The first time I was in the supervisors office was about the 5th day of my hire. They stated someone had said I told the doctor she was not my boss and I didn’t have to do anything they said. I told my supervisor I did not say this. This put the edge on things from thence on. Then the next time my mentor constantly yelled at me about making mistakes, not doing my notes right. There was a mix up on pill giving at the desk. No mistakes made. They blamed me because I was new. Anyway after being yelled at constantly not able to get on the computer due to no i.d. someone telling me to give this medication to so and so, I was called in the office for not following policy and procedure and an improper treatment could have been given. Then I was sat at the back of the break room and shredded paper for 2 days and read policy books 2inches thick 3 of them. The mentor told me I better not forget anything in the books.

The day I got fired I was called in the office and instructed to sign a piece of paper which the supervisor said was just routine protocol which I was in agreement with their decision. As I was about to burst into tears, I had to hurry out of their and I signed the paper thinking it was procedure. I went home and had a good cry. The nurse manager supervisor said I was not cut out for correctional managed care and should work in another field.

I am not sure if I can get unemployment. I am single, applied for foodstamps, and have been actively looking for a job also I applied for unemployment benefits. No answer as yet on that.

I hope you can help.

Thanking you in advance.

Leslie

Answer:
Hi Leslie,

Did you happen to work for an outfit that started with a C and has a V and G somewhere in the name? Not that it matters, but from reading plenty of appeal letters….I’d say it takes a very thick skinned person to work in that environment.

I don’t know if you’ll be monetarily eligible because you didn’t mention what your previous job was or how long you had been out of work when you got this job.

But as far as this job is concerned…I sounds as if you’re trying to tell me you were fired for inability to do the job vs. a reason amounting to misconduct.

However, many employers actively document to create a preponderance of evidence that makes an inability sound like it was your willful choice to perform your job with an attitude of neglect.

As an employee you can use the same strategy and counter document to push back by making your disagreement and extenuating circumstances left out by the employer .. known via the comment section of a written reprimand or an email or letter you ask the employer to attach to the write up when it is placed in your personnel file. It should go without saying you should also attempt to get copies for yourself .. because an employer will seldom submit any document to the UI dept. that doesn’t make denying benefits easier.

Texas Unemployment Appeal Representation can improve your odds of winning an appeal as TX statute doesn’t require unemployment lawyers. Texas appeal hearings are held by phone, which is why it’s easy for me to refer you to a qualified rep with experience at TX hearings. However, TX is somewhat of an employer friendly state, therefore my admonition that all employees should be represented can be assumed to be stronger for Texas appeal hearings.

Chris