My question involves labor and employment law for the state of Texas:
Need to understand the legal significance of daughter being terminated for posting an emoji on Facebook to employers post.
Daughter worked at a small coffee shop for 3 years. She had zero write-ups, disciplinary actions, nothing - was a good employee, never told otherwise.
Sequence of events that lead to her being text that she was fired:
1 - was late one morning, owner called, daughter apologized, stated she was on her way to work (5 minute drive at most) No issues.
2 - was late again, 2 weeks later, again owner called and daughter state she was on her way, owner replied "don't bother."
Daughter came to next scheduled shift and noticed owner had put on the work schedule for everyone to see "She missed her F*&% shift" - this type of language and environment where they could openly talk like that was apparently ok.
Owner then posted on Facebook that he was sorry they were not open on time the morning daughter was late. Daughter say Facebook post and put a laughing sideways emoji in the comments section of post. This proceeded to lead the owner to text her stating she was terminated - stating disrespect as reason. Apparently the "disrespect" was a common theme with all the workers in regards to owner would state they were on his "shit" list and most of them would grin and say ok, my daughter said, ok it didn't matter. But she did make a comment to owner if he was "targeting" her, he acknowledged he was.
Daughter files for unemployment, it is denied because owner is now stating she was insubordinate. This is not what he stated in text message and leads us to believe he is just trying to get out of paying. Appeal has been filed. Looking for advice on next steps and the appeal process.
Need to understand the legal significance of daughter being terminated for posting an emoji on Facebook to employers post.
Daughter worked at a small coffee shop for 3 years. She had zero write-ups, disciplinary actions, nothing - was a good employee, never told otherwise.
Sequence of events that lead to her being text that she was fired:
1 - was late one morning, owner called, daughter apologized, stated she was on her way to work (5 minute drive at most) No issues.
2 - was late again, 2 weeks later, again owner called and daughter state she was on her way, owner replied "don't bother."
Daughter came to next scheduled shift and noticed owner had put on the work schedule for everyone to see "She missed her F*&% shift" - this type of language and environment where they could openly talk like that was apparently ok.
Owner then posted on Facebook that he was sorry they were not open on time the morning daughter was late. Daughter say Facebook post and put a laughing sideways emoji in the comments section of post. This proceeded to lead the owner to text her stating she was terminated - stating disrespect as reason. Apparently the "disrespect" was a common theme with all the workers in regards to owner would state they were on his "shit" list and most of them would grin and say ok, my daughter said, ok it didn't matter. But she did make a comment to owner if he was "targeting" her, he acknowledged he was.
Daughter files for unemployment, it is denied because owner is now stating she was insubordinate. This is not what he stated in text message and leads us to believe he is just trying to get out of paying. Appeal has been filed. Looking for advice on next steps and the appeal process.
Denial & Appeals: Terminated Over a Facebook Emoji
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