Unemployment notices...DON'T DELAY!

When a notice from the Texas Workforce Commission(“TWC”) is received, employers need to act quickly. The deadline to respond is  short and not responding by the deadline may have the TWC rule in the former employee's favor. When responding remember to:
·    Be consistent. If an employer has different  statements between the initial response and a follow-up response, the hearing officer may  become suspicious and the employer could be put in a difficult position.
·      Provide back-up documentation to support the response, whether it is a resignation letter or documentation of performance issues.

Is a terminated employee eligible for unemployment? If the employee was discharged, the most common mistakes employers make that cause difficulty in unemployment claims, according to the TWC include:

1. Failing to give a final warning prior to discharge;
2. Inconsistent discipline between two similarly situated employees;
3. Failing to follow the stated disciplinary policy;
4. Telling TWC that the claimant was fired for an “accumulation” of incidents, instead of a specific final incident;
5. Letting too much time pass between the final incident and discharge;
6. Telling TWC that the claimant was “unable” to satisfy performance standards;
7. Allowing the impression that the discharge was really based upon a personality dispute; and
8.  Failing to present firsthand witnesses and proper documentation when needed.

 
Because of the many Unemployment questions, we will be providing more information in our upcoming newsletters.

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