• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need help...do I have a case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mattl7

Junior Member
What is the name of your state? Reside in Colorado
I was recently fired from my job of 3 months. When I applied for Unemployment (in Texas) I was denied. The reason given was that I was fired with cause. Specifiaclly they said that while on call I turned the cell phone off. This was untrue and I have the phone logs that prove it. I have my appeal hearing for unemployment tomorrow and didn't want to make any mistakes. While employed I made my employer was made aware that I had an accident that injured my back. My feeling is trhat is why they fired me.

Any advice?
ML
 


Just Blue

Senior Member
mattl7 said:
What is the name of your state? Reside in Colorado
I was recently fired from my job of 3 months. When I applied for Unemployment (in Texas) I was denied. The reason given was that I was fired with cause. Specifiaclly they said that while on call I turned the cell phone off. This was untrue and I have the phone logs that prove it. I have my appeal hearing for unemployment tomorrow and didn't want to make any mistakes. While employed I made my employer was made aware that I had an accident that injured my back. My feeling is trhat is why they fired me.

Any advice?
ML
Could you translate this sentence for me?:confused:
 

weenor

Senior Member
mattl7 said:
What is the name of your state? Reside in Colorado
I was recently fired from my job of 3 months. When I applied for Unemployment (in Texas) I was denied. The reason given was that I was fired with cause. Specifiaclly they said that while on call I turned the cell phone off. This was untrue and I have the phone logs that prove it. I have my appeal hearing for unemployment tomorrow and didn't want to make any mistakes. While employed I made my employer was made aware that I had an accident that injured my back. My feeling is trhat is why they fired me.

Any advice?
ML

Was this back injury a work injury for this employer? Did you make a workers' compensation claim?

At any rate, take the phone records to show that the employer gave a false reason for your termination...DO NOT under any circumstances attempt to show that you were fired because of your back...if the "back" issue is adjudictated at the unemployment hearing you may lose your right to any legal action down the road.
 

mattl7

Junior Member
...and now here is the same posting in English

Not sure if I have a "fired without cause", Wrongful termination or nothing.



I was let go on the 26th of January. I had called in sick the day prior. I applied for unemployment and was denied. I appealed and the hearing is tomorrow. I reside in Colorado, was laid off in colorado but applied for unemployment in Texas (newly transplanted). After filing for unemployment there were several back and forth phone calls between my employer and Texas Workforce (TWF) and myself and TWF. In the end I was denied and the cited reason was "employee failed to protect his job while ill." Specfically the employer says that while on call I turned the on call cell phone off so that customers were going to voice mail. As proof she says that several of my staff tried to call and they went straight to voice mail. she states the this happened either on the 23rd or 24th. One of the employees there even has signed a document that I called in sick to her on the 24th

However I have the phone logs that prove
that I was there on the 25th and on call, that my staff did call while I was on calls and I answered their phone calls. One call even lasted 9 minutes. I also have the termination letter that says i was terminated on the 26th and my last day was the 25th

It says that I didn't notify her I was sick, I have a copy of the email I sent to notify her.

So the appeal is tomorrow March 21, we are in dire straits as we just moved and now this.

Any and all advice appreciated
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top