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Texas Unemployment Appeal Question

by Jeffery
(Texas)

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?

Thank you

Hi Jeffery,

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.

Chris

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Feb 05, 2019
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Chris
by: Jeffery

Now Chris, the rule for cell phones is that you have to be in the designated area or break room but like I told the lady my manager told me awhile back if you have to take the call to take it out of harms way and out the way of all other workers way which I was nowhere near people nor in harms way. Now like I told you earlier twc called my employer a few times before they answered.l, and when they finally answered all they told them was that I was fired for work
performance so I was told to give my side and I did. Did that give you a better insight or help.

Hi Jeffery,

No, not really.

I do know some important parts of your story keep changing, or getting added onto.

Now you're telling me your employer, or at least it's third party administrator, appeared for the phone appeal hearing and whoever it was said you had been fired for work performance or maybe poor work performance to make more sense.. and not some accident you mentioned, but didn't explain, nor for talking on your phone someplace you did know was not a designated place to talk on your phone.

The most insight I can say I have gained, is what you're telling me now isn't consistent with what you told me before in that comment you made under the question,If my employer didn't show up for the unemployment appeal hearing will I win?

Consistency, at least when one relays accurately, the facts they think will help explain why they were fired for something other than willful misconduct connected to the work, can be very important to winning an unemployment hearing.

Now, if you want to get to what's relevant, at least for me to help decipher if you may have a valid reason to appeal the lady's hearing decision, to the Texas Unemployment Insurance Board of Review, then it may be more helpful, if you explain what specifically in the hearing decision makes you think it too is erroneous.

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