Friday, April 20, 2012

Texas Coaches Employers To Deny Unemployment Benefits

This may seem hard to believe (wink), but the Great State of Texas has a page on the Texas Workforce Commission website that teaches and coaches employers on the finer points of being successful in preventing an employee from receiving unemployment benefits. The Texas Workforce Commission, commonly referred to as the "TWC", is the Texas State entity that controls and issues payments for unemployment benefits to individuals who have lost their job and has absolute statutory authority as provided by the State Legislature to approve or deny claims for unemployment benefits to individuals.

The Texas Workforce Commission publishes on their website a guide for employers that explains in great detail concepts such as winning processes for appeals, correct phraseology to prevail in appeal, pay reduction percentage amount to be successful against employee and a multitude of other strategies an employer should follow to prevailing against a former employees claim for unemployment benefits.

These employer coaching examples taken from the TWC website- 1. Examples of "Winning Testimony" and Examples of "Losing Testimony" for employers to utilize in their response to an employees claim for benefits. 2. "Most employers lose these cases by loosely using terms such as "inability", "incompetence", "never was able to do the work right", "made constant mistakes""... The link below is the Employer Guide I refer to - it is a long read - but really quite astonishing that the State of Texas should allow such a publication to exist.

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

The unfortunate unemployed persons has no choice beyond the appeals process provided by the TWC where the guided and coached employer prevails but to turn to State District Court and bring a suit against the TWC decision. The average person who exhausts the appeals process provided by the TWC when denied payment for claims must have sufficient funds to file a suit in State District Court and of course, hire and attorney.

An unemployed person would not usually have the funds to proceed to a suite in Texas State District Court and would normally lose to the coached and well funded employer. It is a sobering reality to read and realize just how strongly the State of Texas attempts to keep its' boot on the neck of the employee while giving every tax break and incentive possible to employers - not forgetting to reassert the works of the diligent staff at the TWC making sure employers are not allowing unemployed Texans to receive unemployment benefits.

Oh yes, let's not forget the low comparable wages and worst health-care in the nation for Texas residents either. This must surely be another significant reason why Texas lures so many businesses to move shop from other states to our great state and why poverty is so high in our Great State

MY RESPONSE

First Off, Let me go ahead and post the link to this article which I read on Newsvine..

 It is http://cgwtexas.newsvine.com/_news/2010/08/09/4850410-texas-coaches-employers-to-deny-unemployment-benefits.

Now Here are my thoughts...

After Reading this article I was PHYSICALLY SICK. As a person who has recently applied for Unemployment Insurance in Dallas, I also saw the link on the TWC Website where it gives employers "advice" on what to say to deny unemployment benefits. I could not believe it when I first read it and I can't believe it now. I have had three jobs here in Texas. The first I worked at for almost two years. The other two were contract/temp positions where the employers treated the employees AWFUL.

I found that you have a lot of new startups in Texas where someone has come into a lot of money but they have no previous managerial experience so they run the company in weird ways where employees are mistreated, threatened, etc. At my last two jobs, the companies were constantly hiring and would go through the workforce every 7 months and simply terminate everyone. Managers and all. For anything. At both companies you could be a stellar employee today and tomorrow make one mistake and be fired.

Texas is an AWFUL state for people to work in. And the fact that the TWC which is the Texas Workforce Commission would willingly give employers advice on how best to "LIE" is so unfortunate I had one friend who had her assignment ended with a bank she was temping at. She showed up one day and her replacement was there. The bank manager informed her that the temp agency who had lied to her about her payrate to begin with simply would not compromise on how much they wanted per hour and this forced the bank to use another temp agency who charged them less. The woman who owned and ran the temp agency did not tell her she would be replaced, refused to accept her calls and did not mail out her check until my friend had to threaten to sue. Above it all the woman LIED to the unemployment office to deny benefits.

This state is fucking awful and I don't blame people for trying to game the fucking system any kind of way they can on welfare and section 8. This is unbelievable.

Why work hard when you will be treated like shit at the end of the day by a corrupt and crooked employer aided by the State of Texas to do their dirty work.

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