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Texas -denied for misconduct

by Janie
(austin texas)

I was fired for going to lunch at my normal time.


An email was sent to everyone in the office 4 days earlier that there was no group lunches until current hours, or a nowledable personell was there due to clients and builders would call for assistance & questions.

I never interacted with either due to I was told I wasn't working out in the position and would be sent back to accounting.

A coworker and I went to lunch before the time the next day with no problem. Then Monday came so I went to lunch at my normal time and boss called yelling and cussing at me on my phone and fired me.

At the first appeal the bosses wife was confused on why I was fired but the twc rep coached her to what she wrote. And the twc wrote that I made a smart comment and I didn't.





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Jun 15, 2017
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How to Request Coaching
by: Chris - Unemployment-Tips.com

Thanks for asking.

You can learn more about how to request coaching here.

Jun 15, 2017
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Appeals Coach?
by: Anonymous

How do you request help with an Appeals Coach?

Sep 16, 2014
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Um yes, but what reason did he fire you for over the phone?
by: Chris

Great. Got it. Now could you answer a couple direct questions that also matter?

What was the reason your boss gave you while he fired you over the phone .. for firing you?

What do you mean when you say a TWC rep coached the lady boss to say you made a smartass comment? (Which depending on what was said, could be thought of as insubordination .. by both an employer and potentially misconduct by the TWC,)

Did you already have a first level TX phone hearing where you and the lady boss were both on the phone at the same time?

And if you did already have a hearing, what was the result and what did the decision give as it's reasoning and finding of facts?


I know you requested an appeal coach and that is good, because trying to explain what happened from a cell phone is difficult for even my fat fingers.

(While typing my comment, Janie called me and set some things straight for me. Her appeal is now at the board level and I'm now off to send her request for coaching, off to someone who will represent her by reviewing the record of her hearing, and if merit is found, write a brief to submit to the board of review to hopefully get her a new first hearing)

Chris

PS Sorry for the confusion Janie, but I'm straightened out now.

Sep 16, 2014
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clarify
by: Anonymous

I'm sorry I confused you.

The email was sent to all of the office due to a group of 6 employees who went to lunch and left a new lady to answer calls.

These six ladies work in the main front area and do the scheduling and interact with clients.

The next day myself and a coworker went to lunch as normal. The boss was aware we did and when she gave us our checks nothing was said.

So on Monday, When I left for lunch (and the husband boss had been in a bad mood yelling at everyone) he called me and fired me!

This was a very dysfunctional company. If there was an issue, like employees on social media or cell phones, they wouldn't confront the individual, but would instead send the whole office an email.

I did question that at a meeting and the wife boss said, "If you feel you're not doing it, then it's not for you!

So, that is why I felt the email wasn't towards me.

Sep 15, 2014
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Janie, I really not clear about what has happened.
by: Chris

I did my best to decipher what you tried to say .. but gave up, sort of.

You tell me and

"An email was sent to everyone in the office 4 days earlier that there was no group lunches until current hours, or a nowledable personell was there due to clients and builders would call for assistance & questions."

So I assume this is important to the reason you were fired.

And I'm really unclear about where you are in the process now given you tell me:

"At the first appeal the bosses wife was confused on why I was fired but the twc rep coached her to what she wrote. And the twc wrote that I made a smart comment and I didn't."

What she wrote? Wrote when?

Are you telling me you already lost the first hearing?

It is very important to communicate clearly, if you want to give me a chance to discuss your unemployment appeal.

But let me tell you how this is stacking up for me right now.

My concern is you were actually fired for disobeying an employer directive issued via an email four days earlier and one you were aware of.

But now, you're trying to defend your action of going to lunch two days in opposition to the directive when you tell me you were told you weren't performing well and would be sent back to accounting, but you hadn't been sent back as of yet, but you still never interacted with clients, or builders .. is this correct?

And to confuse your situation for me, you're also telling me it wasn't your boss who fired you that talked to the TWC, but the boss's wife did all the talking although she was confused because she didn't have direct knowledge of your discharge.

But to confuse and clutter the issue even more, you tell me this boss's wife was somehow coached by some rep at the TWC (Texas Workforce Commission) as to what you did that would somehow what .. be sufficient to deny your benefits?

I need you to be the one to try to set the record straight for me .. so I can at least see if I have something to say that might help you.

Chris

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