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In early July, I was terminated from a commissioned sales job. A requirement of the commission portion of the job was that if you have an invoice returned, you have to take credit for the return and the corresponding negative commission. I was accused of violating this policy. I refute the claim. I was not given any disciplinary action other than termination. I was not given an opportunity to defend myself. They just said you did this, you're fired. They claimed this was an integrity issue and didn't trust me anymore to operate with integrity. The company has an escalating policy for violations. This was an isolated incident with no proof that I'm guilty. What really throws the wrench in the cogs is that when they first sat me down to go over the alleged violation, they asked me if I was looking for work outside the company. Red flag? I had an interview with a non-competing company over a month ago as a favor to a friend to get a recruiting credit. I wasn't really interested in looking elsewhere, but because the employer found out about the interview, they found whatever they could to get rid of me.
For a supposed integrity issue, they waited over a month from the time they found the alleged infraction and providing discipline. During that time, I hired and trained several new people for the company and was in control of several hundred thousand dollars of inventory. A lack of integrity in my mind would constitute immediate termination, not using the person for a month.
Anyway, I applied for unemployment benefits and was granted them after a phone interview. My employer had 14 days to appeal under Texas law, and they appealed on day 14. I don't know what the appeal is based on. The approval was granted because they had no proof that I committed the infraction. So I'm guessing they're going to try to provide proof. No such proof exists, so what are my chances on appeal? Is there anything I need to do to prepare myself?
When there's no proof, there's no proof. Mind you, you didn't get benefits because it didn't happen, only that they didn't prove it, and fortunately for you, you didn't admit to it (usually what kills it for many claimants).
View the evidence before your hearing to see if there is something new to try to prove that you did what they say you did.
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