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Unemployment Claim
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Hi, I am gathering information and documentation for an unemployment claim for an employee we terminated for unsatisfactory performance. The employee is a Purchasing and Inventory Speciali
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Forums » Topic Forums » Benefits & Compensation » Unemployment Claim
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Unemployment Claim
posted at 4/25/2013 3:11 PM EDT
on Workforce Management
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Posts: 7
First: 3/25/2013 Last: 4/26/2013 |
Hi, I am gathering information and documentation for an unemployment claim for an employee we terminated for unsatisfactory performance. The employee is a Purchasing and Inventory Specialist. She was terminated for over ordering $200K in exces products. I have already submitted to the Texas Workforce her previous written warning from 3/25/2013. In the written warning it discussed her negative attitude, not following the proper procedures, not looking up the proper purchase history so she knows what to order in the furture etc. I also sent in a letter stating what she was terminated for and who her manager was. What other documentation should I submit to the Workforce? They are now asking for documentation or proof of what items she over ordered which I have a spreadsheet from her manager in her file showing this. What other documents should I send in? I have only sent in documentation in regards to this performance issue at hand. I have not submitted previous emails or documentation in regards to her bad behavior that is in the file. Should I send this in also? I did not submit these becuase it was not related to the over ordering issue that she was terminated for. Also what advise or tips do you have in regards to submitting unemployment claims and documentation? What is appropriate to submit? Thanks again for all your help and advise.
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Re: Unemployment Claim
posted at 4/26/2013 9:14 AM EDT
on Workforce Management
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Posts: 40
First: 11/3/2011 Last: 4/26/2013 |
I'm in TX too. We used to be able to get a fair shake from TWC on UE claims as long as we could make a reasonable case for the termination. Has been much tougher in the last 4 years, even in cases of gross misconduct. Truisim#1: You generally can't win a job performance cases no matter how terrible. A rep once told me that if the employee can't do the job, then we hired the wrong person or failed to train them properly. Truisim#2: You stand a better chance of winning a misconduct case, but only if you can document that they acknowledged the rule in writing (ie: handbook acknowledgement), were warned properly and you followed your own disciplinary process. |
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Re: Unemployment Claim
posted at 4/26/2013 10:01 AM EDT
on Workforce Management
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Posts: 7
First: 3/25/2013 Last: 4/26/2013 |
Great thank you, that is some good insight into the Texas system. In your experience, do you feel that just sending in her last written warning, along with the documentation they are requesting is enough? They are requesting I send in a spreadsheet showing her items over ordered. I have alreadys sent in the policy stating they can be terminated for unsatisfactory performance, her signed written warning and a statement explaining what she was terminated for. Thanks |
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Re: Unemployment Claim
posted at 4/26/2013 11:02 AM EDT
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
If it does not violate a company policy or rule that you can show she was aware of, you will likely lose the case. If she was aware of the rule, that plus a copy of the actual order should be enough. |
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Re: Unemployment Claim
posted at 4/26/2013 2:58 PM EDT
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
In Response to Re: Unemployment Claim: Ok that is what I was afraid of. I will send in what I have on hand and hope for the best. Thanks again everyone!!!!! Very helpful. Posted by AshleeHR Ok and what about the controls issue? |
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Re: Unemployment Claim
posted at 4/26/2013 8:28 PM EDT
on Workforce Management
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Posts: 15
First: 4/11/2013 Last: 5/8/2013 |
How long has this woman been in your employ? Based on what you have written it does not appear that she has much experience in her current position, but she may have been promoted or transferred from another department. Also, does she have any issues or has she lodged any complaints against her current manager? Has she recently been out on an extended absence? Are the workplace policies she violated equitably enforced? The reason I ask is, given the short amount of time between her "warning" and her termination and the fact that her manager had the time to fully document her shortcomings, but did not have the time to actually monitor her performance it appears that the decision to fire her was actually made on 3/25/2013. |
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