2007-09-25 12:53:04 · 7 answers · asked by Matt G 1 in Politics & Government ➔ Law & Ethics
I can only speak about proceedings before the administrative hearing body here in Texas. (The TWC) If an employee is fired for cause they can still apply for unemployment compensation. The employer (me) is notified and I file an answer providing the legal reasons why the employee was terminated. If the TWC denies unemployment compensation eligibility for the terminated-employee, then there are appeal procedures that the ex-employee can engage. Those appeals are held before an administrative law judge or hearing officer. If he wins, then the TWC will only order that unemployment compensation be instituted for the appealing employee. If there are issues of wrongful dismissal, then those issues would have to be brought before a court in an civil action. The best course of action would be to consult with an attorney who is experienced in labor law. The first thing you'll need to attack is your inability to qualify for unemployment compensation (which you've already done with success). After that, your attorney will make suggestions to you as to the pros and cons of pursuing a wrongful termination lawsuit. Good luck
2007-09-25 13:05:24 · answer #1 · answered by Don C 3 · 1⤊ 0⤋
What is the function of the "unemployment judge?" If your former employer objected to your unemployment insurance claim for any reason and you ultimately won in a hearing held by an administrative law judge, you receive the relief you asked for--unemployment benefits. He would not determine that you were wrongfully terminated. If you think you were, you should consult with an attorney that deals in labor matters or, if you belong to a union, your union steward.
2007-09-25 12:58:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Dead people can't sue.
Actually, depends on the actual reason. If it was an appearance of misconduct due to your own carelessness or deliberate foolishness, then you may be stuck with the decision. If it was for the actual misconduct and written that way, you may have a case.
You sure you want to go back?
2007-09-25 12:58:29 · answer #3 · answered by mckenziecalhoun 7 · 0⤊ 1⤋
Check with local attorney. Concerning local laws.
The can speculate better than any of us in YA
2007-09-25 13:02:18 · answer #4 · answered by Larry J 5 · 0⤊ 0⤋
people aren't fired for no reason there's things your not telling us!
2007-10-02 09:36:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
lol terminated
2007-09-25 13:00:24 · answer #6 · answered by icmp 2 · 0⤊ 0⤋
i would say just go and get another job
2007-09-25 12:58:02 · answer #7 · answered by j _j_83221 4 · 0⤊ 0⤋