Texas Unemployment Appeal Question
I’m in Texas, I wrote earlier today about my appeal process by the name of Jeffery, now to further where I’m going with this I have to know. Now, I told the appeal judge that it was unsafe I didn’t receive any training so when the accident happened it was due to come. Now the reason I was fired is because I had to take a call from my wife with it being an emergency she called several times, so the place I was at I had to remember that a previous manager told us to get out of the way of harm and stoppage of work and I was nowhere near anyone, took the call then was caught by another manager who told my manager. Now on filing my unemployment the employer uses a third party to answer for them and they barely answered and finally told them that I was fired for not performing my job. Now I appealed this and at the appeal all I was told that she was going over the evidence I wrote nothing more. We did the appeal then couple days later I get another denial for unemployment so I’m really asking how do I go about this I know the employer has to be on the phone during a hearing if not it’s an automatic approval, so how do I go about all of this?
Question: What was your former employer's rule about cell phone use while on the clock and not on break?
Were you on break?
How did your employer respond to the TWC's notice of claim filed? I know you should know, because Texas sends the whole claim file with every hearing notice.
All I can tell you about your case Jeffery, is I know it is simply incorrect to assume a non-appearance by the employer that discharged you, equates to an automatic approval of benefits.
Although I can also say, without the employer at the hearing to meet/sustain their burden of proving why you were fired for a reason that may, or may not amount to willful misconduct, should in fact, make it somewhat easier for a claimant to get a reversal of an initial determination based on the available information.
Now, your appeal to the board of review, is less about the cause of separation and more about what happened on the recording of your hearing. And since I already know from your other comment, you do not believe you were afforded a fair hearing, I can tell you also that nothing you have told me .. explains why that may be the case.. or just wishful thinking on your part.