My question involves labor and employment law for the state of: TX
My question involves labor and employment law for the state of: Texas
I recently was fired from my job after which I filed for unemployment benefits. The benefits were denied based on 'inappropriate conduct on the job' which is considered 'misconduct connected with the work'.
During the phone interview with the lady from unemployment, it became clear that the practice manager of my former employer told her a very different story and that calling two of my coworkers a racial slur was part of why I was fired. This was news to me since I never called them anything, and it wasn't brought up when I was called into the office the morning I was fired. These two coworkers refer to themselves as that racial slur and would refer to me as their 'honorary <racial slur> because I would work up a sweat every day with the type of work I do. He also stated to the unemployment office lady that I signed a statement upon my termination, which I did not.
There is a history of friction between me and the manager as well as the two coworkers of which I kept records. I have never been written up or reprimanded for anything and always had very positive client reviews. In the type of business, it was very common for co-workers to have 'shoptalk' in the area where clients never entered. Some general cussing/swearing was done by everyone on the regular, including the owner of the business as well as the manager who fired me. I was never given an employee handbook so I don't know if it's specifically stated that this type of talk was not allowed amongst one another. The manager did supply exurbs from a handbook to the lady from unemployment.
The reason given to me when I was fired is a false allegation by one coworker (the morning of my firing the manager said he had 'witnesses' but only one of the two coworkers signed a statement that was submitted to the unemployment office) as well as the use of profanity (cussing). In my line of work what they accused me off is VERY serious and I do NOT take the allegation lightly at all. If I had done what they accused me of, the company should have investigated this immediately, and should have contacted the client right away. None of that happened because I know the client very well, and she contacted me the day after I got fired to make sure she knew where I would work next so she could follow me there.
During the phone interview I admitted to the cussing simply because I did, and that was the general norm there. Nobody ever got written up or fired over that. It obviously is not a good habit, but does swearing equal 'misconduct connected with the work' and can you be fired for that with no warning? Can I request to see the evidence the manager submitted that unemployment based their decision on? Especially that signed statement I would love to see since I didn't sign anything.
The documentation I kept of the frictions between us explains why the manager grew tired of me over the last year, and the allegation of the coworkers was all he needed to justify firing me. If I decide to appeal, would it be best to hire a lawyer to present the documentation I have?
My question involves labor and employment law for the state of: Texas
I recently was fired from my job after which I filed for unemployment benefits. The benefits were denied based on 'inappropriate conduct on the job' which is considered 'misconduct connected with the work'.
During the phone interview with the lady from unemployment, it became clear that the practice manager of my former employer told her a very different story and that calling two of my coworkers a racial slur was part of why I was fired. This was news to me since I never called them anything, and it wasn't brought up when I was called into the office the morning I was fired. These two coworkers refer to themselves as that racial slur and would refer to me as their 'honorary <racial slur> because I would work up a sweat every day with the type of work I do. He also stated to the unemployment office lady that I signed a statement upon my termination, which I did not.
There is a history of friction between me and the manager as well as the two coworkers of which I kept records. I have never been written up or reprimanded for anything and always had very positive client reviews. In the type of business, it was very common for co-workers to have 'shoptalk' in the area where clients never entered. Some general cussing/swearing was done by everyone on the regular, including the owner of the business as well as the manager who fired me. I was never given an employee handbook so I don't know if it's specifically stated that this type of talk was not allowed amongst one another. The manager did supply exurbs from a handbook to the lady from unemployment.
The reason given to me when I was fired is a false allegation by one coworker (the morning of my firing the manager said he had 'witnesses' but only one of the two coworkers signed a statement that was submitted to the unemployment office) as well as the use of profanity (cussing). In my line of work what they accused me off is VERY serious and I do NOT take the allegation lightly at all. If I had done what they accused me of, the company should have investigated this immediately, and should have contacted the client right away. None of that happened because I know the client very well, and she contacted me the day after I got fired to make sure she knew where I would work next so she could follow me there.
During the phone interview I admitted to the cussing simply because I did, and that was the general norm there. Nobody ever got written up or fired over that. It obviously is not a good habit, but does swearing equal 'misconduct connected with the work' and can you be fired for that with no warning? Can I request to see the evidence the manager submitted that unemployment based their decision on? Especially that signed statement I would love to see since I didn't sign anything.
The documentation I kept of the frictions between us explains why the manager grew tired of me over the last year, and the allegation of the coworkers was all he needed to justify firing me. If I decide to appeal, would it be best to hire a lawyer to present the documentation I have?
Denial & Appeals: Employer Lied, Benefits Denied
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