Employer verbally said "laid off" to me, now telling unemployment office I was "fired

[JoseBritt]

Employer verbally said "laid off" to me, now telling unemployment office I was "fired

What is the name of your state? Texas

My husband's employer has never put ANYTHING in writing from day one. My husband helped in getting the company up and running. His boss pulled him in the office the other day and told him he was going to have to lay him off because with out sales, the do not need his department (the sales person hasn't been bringing in any business). Now that my husband is trying to file for unemployment, his old boss is telling the unemployment office that he was fired! Is that allowed?

 

[Beth3]

The UC Division will take statements from both parties and try to sort out the facts. By the way, you may be jumping to conclusions. If your husband's employer does not anticipate calling your husband back to work (i.e. it's a permanent layoff), then he WAS fired/terminated. Saying your husband was fired does not mean he was fired for misconduct or for a reason that would disallow benefits or necessarily that the employer is trying to pull a fast one.

An employee can be legitimately considered to have been "fired" any time the employer makes the decision that the employee must go - even if it's for a perfectly innocent reason, such as no sales. What matters here is the reason the employer tells the UC Division as to why he was terminaed.