The reason I was provided when I was fired was that I was not meeting productivity requirements. I had been put on a step three months prior. I had improved in both areas for a month. For two consecutive weeks one area was above the required amount and a second area was not. I have been working for this company for five years and have been previously written up for attendance on several occasions. Even though I was not fired due to attendance could that be used to deny my claim?
Hi Anonymous,
We’re talking about Texas Unemployment Benefits. Very strict state.
If attendance was not what you were fired for. It should not be the reason you are denied benefits. If you are denied unemployment benefits in Texas it should be for not meeting the productivity requirements of the employer which you were aware of given that you worked there for five years and were warned that you must improve or you would be terminated.
Quite frankly, the fact that you did improve is not helpful to your position that you fire for something other than “misconduct” or “good cause”.
Improving, actually supports the employer’s case that you were capable of improving .. therefore, not maintaining improvement could be nothing other than a willing choice not to perform to the expected standards.
Now, if it was an absence that actually prompted the discharge .. because some employers may mix policies .. it could throw a monkey wrench into things for them.
I suggest you check two resources to investigate further if there is something you can focus on to build a case for getting benefits.
1. The employee handbook you received from the employer.
2. All the resources Texas Unemployment Appeals provides to claimants to understand how decisions are made and apply it to your situation.
I think you’ll need it for the unemployment appeal