Got fired today-Unemployment update

[Tmag]

Good deal. Congratulations

[Arrow-Tek]

Not sure how they can fire you? Every company in the state of Texas just received a letter from TWC stating that the vax mandate is not legal through Gov Abbott’s executive order.

[Tx.Fisher]

TXJon, that is great news! What these companies are doing is so unethical and criminal.

My wife was facing the same situation come early January. Long story short, her company is a federal contractor, and for months they have been threatening she will be fired if she doesn’t get the jab. We are currently trying to get pregnant and are in the beginning stages of IVF, and there was no way in hell she was going to take something that could harm our baby. As of yesterday we found out that no one will be fired due to the ongoing court cases for the mandates. Praise God!

[Rubi513]

Awesome!
Glad you stuck to your guns.
Wishing you continued success!

[Allpublic]

Good job.

[RiverRat1]

I have not heard of anyone loosing these cases with Tx Workforce. I know of 4 now and all have sided against the Commie companies and for the workers. And you guys are correct. The company with a negative termination will have their insurance go up and will be fined and pay all owed wages plus the penalty. It is a big win in my opinion. Any and all that have been terminated need to file and if you work and have been given a deadline hold true. Make them terminate you- do not sign paperwork stating you violated company policy or anything else. Ask for a copy- read it- retain it in your pocket- refuse to sign and leave - Take it straight to Tx Workforce

I hope this is correct. I never heard of a terminated employee getting more than just unemployment. Never knew anyone that is. Does employee get all wages and the penalty and fines? That would be nice and encourage people to stand their ground.


Side note - What happened to any employer can let go any employee in Texas for any reason?
So can companies now just fire for no reason assuming they're only in trouble if they fire for not getting vaxed?

[npe001]

That is awesome!! Good for you and way to fight for what you believe in.

[Backwoods101]

Nice, That's a win for all of us!

[emoji817]


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[Dusty Britches]

You cannot fire someone without cause, which means you have to build a case against them. If you have a written policy that describes immediate termination cases (arrest/ conviction for felonies, fabricating application or any work documents or tests, willful destruction of company property, etc.) and policy that describes the steps for termination for minor infractions - late for work - get written up, two or three write ups is termination. This is where HR experts are worth their weight in gold.

So you can fire or lay off for any reason, but you need to build the case first. Lay offs are a little different because these are due to downturns in business economy. These do pay unemployment but may or may not end when the person is rehired. A lot of times it is easier to cut a person's pay to pay them to stay home than to lay them off. Or only pay them for 4 hours.

Keep in mind - Labor Laws always favor the employee.

[locolobo]

TXjon, would you mind if I copied your post, minus any identifiers? I would like to get this info out there and have a couple other web sites I would like to post on. I will wait on and abide by your decision.

[Ag 89]

Then you don't understand unemployment charges. The OP didn't sue, he only appealed through the normal TWC process. And, when hit with unemployment, the employer has to pay penalties and higher unemployment insurance for a very long time, even after the beneficiary obtains a new job and does not receive benefits any longer. Firing someone without justifiable cause in Texas can cost the employer a lot of money.

Correct! It raises the unemployment tax employer has to pay quarterly on every employee for a period of time (usually 2 years), then it begins to step back down unless you have another claim.

[TX_Kevin]

You cannot fire someone without cause, which means you have to build a case against them. If you have a written policy that describes immediate termination cases (arrest/ conviction for felonies, fabricating application or any work documents or tests, willful destruction of company property, etc.) and policy that describes the steps for termination for minor infractions - late for work - get written up, two or three write ups is termination. This is where HR experts are worth their weight in gold.

So you can fire or lay off for any reason, but you need to build the case first. Lay offs are a little different because these are due to downturns in business economy. These do pay unemployment but may or may not end when the person is rehired. A lot of times it is easier to cut a person's pay to pay them to stay home than to lay them off. Or only pay them for 4 hours.

Keep in mind - Labor Laws always favor the employee.

This isn't quite correct. Texas is a right to work state. That goes both ways. So the employer can hire or fire who they want. But anytime one fires an employee, they will have to pay the unemployment. Fighting it is pretty futile. But one can still fire someone for just wanting to fire someone.

University policies are a whole different subject. At a university you can't fire someone unless they refuse to get a COVID shot. Or if they break a law. You can fire them then. Otherwise you have to caudle them for as many years as they want. I mean coach them.

[creekbottom02]

Since you have moved on. Can you reveal what company it was. Or at least what field

[3rdCoastHunter]

Good for you and thanks for posting - finally some good data

[TXJon]

TXjon, would you mind if I copied your post, minus any identifiers? I would like to get this info out there and have a couple other web sites I would like to post on. I will wait on and abide by your decision.

No problem sharing. I attached the relevant sections of the decision.