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With this hold up? Should the hearing officer entertain employer's notion that I was fired for not reporting the incident?

Bastrop, TX |

I filed a claim for unemployment insurance benefits. My former employer initially alleged that I was an active participant in work-related misconduct, claimed that I "admitted to doing it." The claim was investigated and the determination was in my favor. I didn't do it, I didn't admit to doing it. I began receiving benefits. Former employer is now appealing the Texas Workforce Commission decision. There has so far been one teleconference, which ran into overtime and was continued. My witness-to-be is the one who did do it. The extent of my involvement was clapping. For the second round of employer's appeal he will insist that I was fired for neglecting to report the incident.

Attorney Answers 4


This comes up as an "entertainment" question because you included the word "entertain" in the headline and it's clearly not an entertainment law question.

Regarding your unemployment claim, your clapping could be considered active participation, to the extent that it encouraged the actual perpetrator. That's more than not reporting the incident.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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You need to hire an attorney. That being said, you can be terminated for failing to report misconduct and clapping is participation.

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Mr. Lynch is right. You can be fired for any reason. Definitely for not reporting an incident and clapping (cheering someone on). You are definitely in the need of an employment attorney.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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If you were terminated for failing to report the incident, then your employer has an argument for misconduct. Misconduct is grounds for terminating an employee. More importantly, TX is an at will state and allows employer to terminate you for good cause. By clapping, the employer can argue that you failed to take the required steps to report this incident; and thus, misconduct connected with the work.

Rengin Bekhtyar's answer to a legal question on Avvo does not establish an attorney-client relationship.

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