Fired In Texas For Misconduct And Denied Again At My TX Unemployment Appeal Phone Hearing

by Mary

(Texas Unemployment Benefits – Fired)

I work for a loan cash company, I took a payment from a customer without her/my supervisors approval.

I’m not the only one whose done this but the only one whose been fired for doing it. I have never done anything like this before but that day I had a lot on my mind and before I knew it I took it and didn’t pay attention to what I did.

I have applied for benefits and was denied I had my first appeal and it was denied. Should I try an appeal again? And can I work elsewhere and still keep fighting second appeal?

Hi,

Of course you can keep fighting an with appeal if you find other employment .. you just don’t file for anymore weeks of benefits once you become employed .. but there’s always the back pay to keep fighting for.

I have questions and I’ll place what you wrote in “” so you know why I’m asking.

“I took a payment from a customer without her/my supervisors approval.”

Question: Was the customer also an employee of the loan cash company?

“I’m not the only one whose done this but the only one whose been fired for doing it.”

What is the precise rule that you violated? Did you just testify to the fact that the employer does not uniformly enforce this policy .. or did you provide proof .. such as a witness .. maybe a current or former employee that would corroborate the fact that they had indeed violated the same rule with the employer’s knowledge and that nothing was done?

“I have never done anything like this before but that day I had a lot on my mind and before I knew it I took it and didn’t pay attention to what I did.”

Really Mary? This was your argument to rebut why what you did shouldn’t be seen as misconduct in connection with your violation of a known employer rule?

When your mind is on other things, than what it is you’re being paid to do .. that might result in some innocent type isolated mistakes while performing your job even to the best of your ability ..

Forgive me, but .. “before you knew it you took it and didn’t pay attention to what it is you did” ..

That is what I call neglectful because you knew it was a rule to get permission from supervision to perform the transaction and you didn’t even try to do that .. regardless of what was on your mind.

Comments for Fired In Texas For Misconduct And Denied Again At My TX Unemployment Appeal Phone Hearing

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Sep 03, 2011
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Proving you aren’t guilty of work related misconduct

by: Chris – Unemployment-tips

Hi Mary,

Although I often empathize ands could spend all my time doing just that with everyone that shares their unemployment experience, that is me being subjective .. just like everyone else, my real purpose is to discuss how unemployment benefits work in reality.

My point is that just from the words you chose to relate what happened to you .. I got this impression that you did actually break an employer rule that you knew about.

Trying to justify why you broke a rule or policy from a subjective point of view .. is why so many are denied unemployment benefits.

An employer doesn’t have to care or consider any of your personal losses that might have caused you to do something “inadvertently” that could have caused damage to their interests.

See how Texas decides if it was misconduct .. or not. It’s all that really matters. Proving to the TX unemployment department that your actions did not rise to a level they consider to be misconduct, regardless of the fact that the employer did.

One basic concept about sustaining a burden that a discharge was with good cause .. is for the employer to make the employee aware that breaking a rule could result in termination.

Generally minor violations require multiple warnings (usually three, the last one being the termination).

The employee handbook is where the rules are located. It almost always provides the expected consequences of breaking a rule.

Did the employer follow their own rules and policies?

Did the employer consistently or uniformly enforce their rules and policies?

As you presented your case, you were basically making an argument that due to personal stress negligence in performing your job should be overlooked by the employer. It’s just a bad argument.

Rather, I ask you, do you think that your mistake was an unintentional isolated mistake made in the performance of your job.

Should you have been warned first, according to the employer’s rules, before being terminated.

Move past any emotion about getting fired and start looking for a logical and legitimate argument based on how TX might be able to see their way clear .. even if you have to take it to the appeal level .. to allow you unemployment benefits.

Chris

Aug 30, 2011
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Let me give you more details

by: Mary Hernandez

First of all I would like to thank you for not just posting my question but for being straight forward. The first answer to your question is no customer wasn’t an employee of the loan cash company. This is the type of company where people call in to get loans then we take payments from there bank accounts. Let me give you better details on June 23rd I spoke to customer over the phone and told her if her payment wasn’t in by 4pm on June 24th her payment would be deducted from her account so on Saturday June 25th when she didn’t make her payment I took her payment from her account, I didn’t feel like I had to get approval from my supervisor since customer had already been warned. My mistake was leaving her a message on her record telling her that her payment had been deducted from her account. So on June 27th I went in to my district managers office to discuss some issues I had on the floor and he told me they were planning on firing me anyway. If I hadn’t taken payment company would have taken it anyway.

And as for having alot on my mind and not going to ask for approval I don’t know about anyone else but in a 9mth period I lost my dad, my sister and my 1st cousin due to cancer its been very hard to deal with but I’m a dedicated employee and hate missing work, maybe I should have taken sometime off of work but then I worried that my goal numbers would go down and I would get written up for that.

Thanks for taken the time to respond.