I was fired because my school hours were interfering with work hours

[Hemi22]

Texas
I being fired because my employer says that they can't help me anymore with school. My employer had already agreed to let me come and go from work to school and I have already been working with this schedule for 3 weeks. According to the secretary my separation notice that my employer filed says that I'm quitting on my own terms and I'm not. My real question is if I can get unemployment benefits or if there is something else I can do?

 

[cbg]

You can apply for unemployment but I'm not going to promise that you'll get them. Commentator will be able to give you a better assessment of your chances.

However, there is nothing you can do about your employer letting you go. Your school schedule is not their problem. Either you're available when they want you to work or you're not; if you're not, then they are at liberty to fire you and find someone else who can. How long you have been working that schedule is irrelevant (and three weeks is not that long).

 

[commentator]

File a claim for unemployment. It costs nothing but your time, and will get things established. If you'd only been working there three weeks, and you haven't worked for other covered employers during the last year and a half, there won't be any money to set up an unemployment claim anyhow, and the issue is moot.

If there is enough money to set you up an unemployment claim based on your base period earnings from covered employers, then they'll explore two issues. One is your separation issue, why you are no longer working for this company. They'll make a decision on this based on the information they get not only from the employer, but from you too. Were you fired, or did you quit? That's what they'll decide. If you quit, was it for a valid job related reason (non personal?) Probably no unemployment approval if you quit because of your school schedule. If fired, was it for a valid misconduct reason? Probably not from the sound of it. But they'll determine this.

Then, they'll also be considering your availability for other work. If you are very very dedicated to your school and would not consider working any other hours than what you had asked for from the last employer, that will probably be an issue. They'll know how to look at it. In order to get paid weekly benefits, you'd have to be able and available and actively seeking other work, but it might be possible to be approved if you would be willing to set your school schedule to accommodate your work. In any case, file a claim, the department will give you answers related to your personal situation.

Otherwise, there's no recourse. The employer never has to accommodate your schedule or not change your work hours to benefit the needs of the business, or just because they want to, unless you have a very specific contract with them stating that they have to accommodate you. And you do not, regardless of what they may have agreed to a while ago.

By the way, they were supposed to give you a copy of your separation paperwork. From what you said, it sounds like they didn't, just told you they had "filed it with the state" or something. Ask for it and get it from them. You might someday need to recontact them or document in detail all the employers you've had and the dates you worked there. A separation notice is necessary for that verification.

 

[cbg]

Actually, in Texas separation notices are encouraged but not required. I think there are only three states where they are mandatory. Commentator is in one of the three.

 

[commentator]

True, they're not required by Texas to give you a separation notice. And such notices are quite unnecessary for you to have before you file for unemployment, even in TN and the other states that require the employer to give the employee one, because even there, some employers won't.

But if they've got a document somewhere that they've supposedly sent in, the OP should definitely ask for a copy of it. And it's always a very good idea to get a separation letter or something from each employer you work for with your dates of employment and the company contact information on it.

I have seen people who were trying to establish a social security claim or get security clearance for jobs who really needed this type of documentation, including everywhere (with names and company addresses) they've ever worked and the dates the worked there. And usually, they think someone else somewhere else has it. It's sort of painful to get the official records from the Social Security administration, and it's always a very good idea to keep up with your own business.

 

[cbg]

And it's always a very good idea to get a separation letter or something from each employer you work for with your dates of employment and the company contact information on it.

Not from HR's perspective, it isn't. Particularly since contact information can change.