Fired for production can I collect unemployment in Texas

[cinnamongirl85]

I was fired for production, but there is a long drawn our story behing it. I worked for a company doing a form of collections, where files were handed out to us weekly. We had to find people and repo their cars to hit a monthly goal. It all started with me handing a file to the owner of the company and asking him if he could contact a client for me. A week went by and the owner was not there, so I asked another supervisor about the file. I then got called into the owner's office so that he could scream at me about going over his head. Litterally screming at me when I did absolutely nothing wrong. I made it known that I did not think the situation was handled correctly, and everything went downhill after that. I was getting handed half as many files as all of my other coworkers and then business that I was being handed was essentially dead. I consequently did not hit quota ($200 short to be exact out of a $5400 quota), at which time I was written up for distracting my coworkers, not performing to my required duties, and several other unfounded accusations. When I asked specifically who I was distracting, I was not given an answer. All of the other accusations contained within the write up were complete crap too. When it came down to talking about not hitting quota, I asked them to do a unit audit and tell me what it was that I wasn't doing. One of my supervisors did a unit audit and said that I was doing a good job on all of the files that I was working. A couple of months later I was unable to hit quota again. This time I was pulled into my bosses offices and told I was being fired for being unable to hit quota. I have been unable to to find a job for a few weeks and was hoping I could find one instead of filing, but I have to pay bills and jobs seem to be hard to come by. Will I be denied unemployment benefits?

 

[pattytx]

You should have filed right away, because those are weeks you will never get benefits for now. Lost money.

As long as the employer ca't prove to the satisfaction of the TWC that you did not meet quota intentionally, you should be eligible (assuming you have the requisite wages and quarters of coverage in the base year).

File TODAY.

 

[swalsh411]

If your employer has evidence you deliberately distracted coworkers and goofed on when you were supposed to be working that might constitute misconduct but the burden of proof would be on them.

 

[commentator]

Yes, file your claim at once. Weeks you lose looking for something else can not be gotten back. But once you have filed a claim, regardless then of how long it takes, if you are approved, you will eventually be paid for weeks certified.

Tell them you were fired for production issues. This is essentially what you were told. This was the issue brought up on your date of termination. The stuff about bothering other workers, etc. isn't relevant, particularly if the company agrees that the performance issue is what they used to terminate you.

Be sure you repeatedly tell everyone that you always did your job to the best of your abilities, that when a part of the job became a problem, you discussed it with your supervisors, that you did everything in your power to keep your job and make these quotas. That the jobs you were given to go were not the most productive jobs that were available, and that these seemed to come your way more after you had had issues with your supervisor.

Then there will be a decision, then a hearing if either party appeals the initial decision. It will be a three or four week process at best, but you have a pretty good chance of winning if you can keep your documentation clear and stay wiht your theme, which is "I always did the job to the best of my abilities.I did not want to lose my job."

 

[cinnamongirl85]

I appreciate all of you guys comments. I let my boyfriend talk me out of filing earlier. He told me not to worry I was way overqualified for that job, and I would find something pretty quickly. I tried telling him that it's hard to find a job nowadays, but he didn't want to listen. This is the kind of company that prides itself on not having to pay our unemployment, so I hope for once with all of the dirty stuff that they do to people that they finally have to. I'll keep you guys posted on whether or not I get approved.

 

[cinnamongirl85]

If your employer has evidence you deliberately distracted coworkers and goofed on when you were supposed to be working that might constitute misconduct but the burden of proof would be on them.

They have proof of nothing. The person I was supposedly distracting was one of my friends who went $6000 over her quota. It was all a bunch of bologne. They were afraid that I was going to quit and they would have to pay out unemployment, so they had to write me up for something. My boss had previously wrote me a note that was very inapropriate, which they knew I saved and made copies of. This was a very white trash skip tracing company where people (with the exception of me) violated every FDCPA law there is. I did however try my very best to hit my qouta, I mean who wants to have to put on an application that they were fired from their last job. I believe this could be what is preventing me from getting other jobs. Do I legally have to put that on an application when applying for a job? And if they contact the company, can they legally tell them that I was fired and what for?

 

[swalsh411]

They have proof of nothing.

Well then you're fine as far as unemployment is concerned.

You don't have to put jack crap on an application with another employer. There are no laws governing that nor any laws concerning what your former employer can tell a perspective employer unless it rises to the level of defamation.

 

[cbg]

You legally do not have to put anything on an application; however, be assured that you will have to tell a prospective employer SOMETHING about why you left. That will be one of the first questions asked in an interview. There are very few people out there who have not had their employment involuntarily terminated for SOMETHING; if that were a reason for not getting a new job, no one would ever get a new job. Just explain that in this economy you were unable to meet your quotas despite all your attempts to do so, and do not under any circumstances bad-mouth your past employer. That will turn off a prospective employer faster than anything.

There is no shame to being fired for production issues in a bad economy, and an employer who would not hire you for that reason is not someone you want to work for.

Yes, your previous employer may legally say that you were fired and why; it will not do you much good to refuse to give a valid reason.