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can i get unemployment for not clocking out


I have been with the company for 5 years and never done this before. I didn't clock out when I went to lunch and when I returned from lunch I was in the break room longer. couple of days later I was asked question about that day and told the truth not thinking I was going to get written up since this was my first time. when they called me in the following day I was told I was fired. im not saying I was right but being my first offence and 5 year tenure I think being fired was a little extreme. Not to mention few months prior this happened to another individual and they just got written up. when asked why I got fired I was told because it went through HR cause cameras were involved and it was a cooperate decision. my reason for getting fired states misconduct

Your question is just a bad way to frame a question because I could give you an answer that would make an argument for the employer .. the one with the burden to prove facts.

No, you shouldn't get unemployment for failing to clock when the failure is proven to be of such a wanton act or nature, as to clearly demonstrate a willful, intentional disregard of company policy or a rule to show your misconduct was to steal time from the employer.

Typically, a failure to punch has a specific procedure for correction. However you mentioned surveillance which may be for detecting
"time theft" a cause with it's own discharge code DCTF.

I'm not telling you yes or no about UIB's, but trying to explain to you semantics is important and nothing about unemployment works from a personal point of view, but an objective legal point of view.

One of my underlying goals is to raise an employees sites to the bar everyone else is expecting you to jump over.

Tell me this, what was the company policy regarding procedures for correcting a failure to clock in or clock out and what precisely would you expect the employer to do, if you only had the employee handbook to go by for guidance?

As I write in my answers all the time, misconduct is a burden the employer has to prove .. so what you were made aware of per the rules and discipline policies inside that handbook are relevant for the employer to sustain that burden misconduct occurred at an unemployment hearing.

And I'm sure you must have some idea of what surveillance cameras may of caught on tape .. I need to ask .. because it could be harmful and the one thing that might blindside you if it's submitted as a piece of evidence.

Do you still have a copy of the all important employee handbook usually handed out at time of hire along with the form you sign and hand back to the employer which is used all the time to prove the broken rules and policies should of been "known" by the employee?


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Terminated For Failure to clock out
by: Anonymous

I was Fired because I failed to clock out due to me needing to make an emergency phone call to my family whose in the hospital, to see the status of their recovery my Manager/Supervisor was aware of the family crisis I was in. However on my way back in from the phone call I was met by my manager and a lady from HR and basically throws me under the bus about me not clocking out I was told I was being sent home for the day and 15 minutes later I was phoned and told I was fired. My question is in the state of Texas am I required to clock out for breaks not including lunch. Is this right or unjust?


Generally speaking, I wouldn't expect that a non-exempt employee would be fired for not clocking out for a break, that is not a lunch.

However, if you were fired for taking a scheduled and allowed compensable rest break ..

You can find information by investigating the FLSA (Fair Labor Standards Act at the USDOL), or you might find this specific TX resource useful to learn how/if TX labor laws differ from the FLSA, when it comes to paid rest breaks, here.

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