Can an employer reject your unemployment claim?

[GeorgeG.]

Well, I have this feeling I may be meeting with "the Bob's" soon. Without going into detail, my question is with filing for unemployment while I look for something. Is there anything an employer can do to prevent you from filing for unemployment?

[mstng86]

I believe they can and it goes to an arbitrator who hears both sides. I feel like that happened to my wife years ago.

[Cooter]

yes, but they're not going to

I know multiple people who were fired with cause (for BS reasons) who had no problem drawing unemployment

[GrayStangGT]

They can dispute it, but will have to have a good reason and documentation as to why you wouldn't qualify.

[CJ-95GT]

Make sure you don't sign anything in your exit meeting to waive the right to file .

[quikag]

If you weren't fired for cause, then you should be eligible for unemployment.

[bcoop]

yes, but they're not going to

Not necessarily true. Really depends on the employer. Small company is far more likely to fight than a large company. My girlfriend used to be in HR for a smaller insurance company and fought unemployement claims all the time.

[46Tbird]

They would have to make a case for denying unemployment benefits.

"In work separation determinations, the burden of proof is on the party who initiates the work separation: If the claimant quit, the claimant must prove good cause connected with the work for quitting; if the claimant was fired or laid off, the employer must prove that the work separation resulted from misconduct connected with the work on the claimant's part, if the claimant is to be disqualified from UI benefits."

Here is a list of actions that they would have to prove to keep from paying you:

1.discharge for misconduct connected with the work
2.voluntary quit for personal reasons
3.refusal of suitable work without good cause
4.work stoppage resulting from participation in a labor dispute
5.receipt of severance pay / wages in lieu of notice, workers' compensation, or retirement pension

http://www.twc.state.tx.us/news/efte/ui_law_qualification_issues.html

[4king]

As mentioned your employer could dispute the charges but HR would need to have thorough documentation of past performance causing termination where you didn't meet the company's guidelines for attendance/performance/workplace standards etc.

[Grimpala]

I had a former boss try to dispute my claim. A nice lady from TWC called me to get my side of the story and then told me what he was disputing. He was claiming that he had to reprimand me several times for various things and that I wasn't performing my job. I gave her a list of people that could corroborate my work ethic / job completion and then asked her if he had provided any paperwork or emails showing where he had officially reprimanded me. He could produce nothing. I drew on that asshat the entire 6 months.

Depending on the company/situation they may lie or stretch the truth, just be sure your bases are covered. Be honest and courteous and it will work out in the end.

[bcoop]

I had a former boss try to dispute my claim. A nice lady from TWC called me to get my side of the story and then told me what he was disputing. He was claiming that he had to reprimand me several times for various things and that I wasn't performing my job. I gave her a list of people that could corroborate my work ethic / job completion and then asked her if he had provided any paperwork or emails showing where he had officially reprimanded me. He could produce nothing. I drew on that asshat the entire 6 months.

Depending on the company/situation they may lie or stretch the truth, just be sure your bases are covered. Be honest and courteous and it will work out in the end.

I encountered the same thing back when I was 22. My boss found out I had interviewed with one of their vendors. Fired me on the spot for "not being loyal" when I was making $12.50/hr and interviewed for a position that would put me at $35k/yr. They tried to fight it, and lost. Couldn't produce one piece of documentation to back up their claims. They lost. I only collected 2 weeks though.

[GeorgeG.]

Thanks for the info guys, I really appreciate the tips. So, if they offer a severance, I should be on the lookout for information stating this is in lieu of filing for unemployment benefits? Or is it kind of an automatic, one or the other, type thing?

And don't sign the exit paperwork...

[Silverback]

typically if they offer severance, it's above and beyond what you could get with unemployment. They are also going to require you to sign the paperwork to receive the severance.

[jluv]

My old lady quit a job several years ago because of all kinds of fucked up shit they were doing. She tried to get unemployment and the employer fought it and won. They were shady and crooked as fuck, and the state sided with them.

[line-em-up]

Thanks for the info guys, I really appreciate the tips. So, if they offer a severance, I should be on the lookout for information stating this is in lieu of filing for unemployment benefits? Or is it kind of an automatic, one or the other, type thing?

And don't sign the exit paperwork...

Your severance doesn't interfere with your unemployment. You can get both.