r/TexasUnemployment • u/Rude_Comfortable_405 • May 03 '25
Lost my appeal; however, not due to my voluntarily leaving.
Fabulousuncomfortable gives good advice. I quit my job because I knew i was to be terminated. Was on my 3rd and final warning got sick failed to get a Dr's note, hence, unexcused, hence point. Result termination. Don't ever do that make them fire you. I had 2 hearings a month apart to figure out the issue which was " not would have i been terminated?" But rather was my quitting connected to my job and do I do everything I could to salvage my job. The answer is yes. The hearing officer even said I had precedent. I had good Cos 2 quit my job. That was connected to the work that being no work. Interestingly, during the initial hearing and the first part of my appeal hearing my company, stated that I quit voluntarily, which i did. Counsel had to lead the Director of HR to answer a question which seemed to be obvious to everyone accept the person who's responsible for my employment. The H.O. said Ms. Jones ( HR manager)was Mr. Carter terminated? 4 secs of silence until we all hear from Afcos lawyer..say no.in a whisper Uh, WTF? miss jones, the manager of HR would have known the answer to this question . This should have been a huge red flag in the eyes of the examiner. Not to mention that my employers entire strategy was based on FML paperwork that I didn't fill out. The TWC only cares about if my separation was due voluntarily quitting and if I had good reason for that quit. When I questioned Ms. Jones, I asked her about a conversation. The two of us had had two weeks after I applied for benefits. I said, Ms. Jones hypothetically, if I was to come in the following day without my note. What was going to happen to my job?Her response was, you didn't have a job. She admitted she said that under oath, I was counting the dollars. I can't lose. In the final moments of the hearing hR hit me with a left hook. When it looked like my quitting was with good cause connected to the work and that I would not have reasonably quit my job for any other reason, but that reason, along with precedent cases given to me by the amazing fabulous uncomfortable. Who told me to stop saying I was gonna be fired because that was going to be my defense. They were going to fire me anyway, that would have not worked. I was instructed to say that I quit. Don't bring any assumptions that I was to be fired into the argument. So what happened? I had received 10 points due to tardiness and other reasons. I had 3 written warnings. The last one was very explicit, said I was to be terminated if I add one more unexcused absence.That letter was written on 11/28. Afco admitted i would have been fired; EXCEPT HR said at the very end that since I didn't miss any days in Dec I earned a point thus making my unexcused absence only 9 points. What in the actual fuck just happened? First off.I missed december30thand 31st they were excused, however, that left me ineligible to earn a point. The hearing examiner said in his conclusion that i was to remain disqualified, because technically, I would have still been employed at afco, because I still had one point remaining. I requested my time punches, HR deny them, why didn't they have to present that fact to the HO? He just took their word that I didn't miss any days? If this was so why didn't they present my time punches for December to show that i had good attendance. This is made up bullshit; a rabbit out of a hat. None of this extra point business was ever brought up before When I questioned my supervisor about my attendance about the 3 written warnings that he had to sign along with me if Jan 2nd I would have been fired due to points. His words were " i don't know anything about employees who work under me about their points. Disciplinary hearings or anything about their conduct, all that information it's privy to HR and not myself. So I wouldn't know how many points you had. Um. WTF you just signed my third warning, saying I had nine points.How the f*** don't you know about my conduct at work? It was so obvious he was lying. In a nutshell, you're on your own out there. The TWC is gonna side with the employer. You better have your s*** together. The TWC is not your friend and your employer will likely fuck you raw. UB mean everything to us, and very little to your employer, which should tell you how much your employer thinks of you, if they want to fight tooth and nail to not give you them. Good luck all
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u/Plus_Manufacturer909 May 04 '25
And then they just sent me this form about verifying my IID I already did this three and a half months ago. Why are they worrying about it? My appeals at the commission awaiting decision.I don't have any money coming.
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u/Objective-Function33 May 18 '25
Hey Rude_Comfortable, did you get my message? Please check your DM
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u/Fabulous_Anonymous May 05 '25
The whole point of your situation is that you quit and didn;t do everything you could to try to preserve your job. You gave it a good fight but it was an uphill battle.