How Long After a Denial Can You Still Appeal

[sonicandtails]

My question involves unemployment benefits for the state of: Texas

I'm sure I'll catch a lot of heat for this, but I'm all out of options. I worked for a company from 2004-2008 (end of the year). This how the final hours went. I was selling a nice chunk of electronics to a group of people, the sale was going to pay about $300. One of items was the last in stock, so I had to make sure to physically put my hands on it before finalizing the deal. I went to backstock to check on it, but when I returned (30 minutes later) this supposed friend of mine was writing up my sale. I immediately approached them, and my customers instantly recognized me and started ignoring her. So I went to a different register and wrote up the sale properly. This supposed friend started complaining about being tight with money and how she was working so hard during the 30 minutes etc etc. So, being the nice guy I am, I split the sale with her, but I said that I was going to keep a manufacture's spiff since it was on the TV that I searched 30 minutes for. She was angry but agreed. I finished the sale and she went away somewhere. Little did I know she was complaining to the manager about the day's events. More than a hour later I was called into the head manager's office and basically tormented and fired. Though this shady company doesn't actually fire you they "five day you". I had never been written up before and hadn't been given any warnings. They claimed I had argued over commission on the sales floor and shouted loudly. Which was a total fabrication. Anyhow I was very clam and simply left the room. I called after the 5 days were up and they told me that "head office" approved the termination. I was very stressed at this point and already showing symptoms of severe depression and anxiety.

I filed for unemployment soon after. TWC sent me a card with funds loaded on it so I mistakenly thought I had been approved. More than a month later a very rude and aggressive woman called from the TWC. Saying that she'd like to review some things with me. She then proceeded to read a laughably fictitious account of the event leading up to the firing. The statement co-authored by my supposed friend and the store manager stated that I basically went into a steroid pumped rage and tried taking her sale. In reality the sale was obviously mine, and she had only come in when I was in backstock desperately searching for the TV. The woman then began using words like criminal, good for nothing, and various other disparaging language. I was flabbergasted. After a barrage of insults she told me I was denied and had to drive to Austin if I wanted to appeal it. I sunk into a deep depression, and since I no longer had any money coming in I could not afford any trips to Austin.

Now I know I should've appealed, but to be honest I was so drained by working there and by being fired in such a violent unprofessional way that I was in no shape to do so. Fast forward to the present, I am healthy now, but still haven't been able to find a job. Everything I read suggests I am entitled to the unemployment funds. My question is, is there any possible way via an attorney or any sort of venue to possibly receive these funds. The kicker is that the woman contacted me a year or so after the debacle apologizing for the whole thing, and told me that she was pressured to make a big deal of the event and twist it to look like I was a greedy sale stealing criminal. The new store manager did not like me because of my beliefs regarding monster cable. I told him that there was no benefit over other similar lower priced cables performance wise. I followed by stating that monster cable was on average 10 times more expensive and provided NO PERFORMANCE GAINS. I told him that I felt uncomfortable lying to customers about this product and selling it based on false pretenses (due to religious beliefs and simply morality). So needless to say the guy did not like me, even though I was the top salesperson. Conversely since I was the number one sales person, why would I need to take her sale? I asked if she'd be willing to make a statement in writing and she agreed. Though I never got back to her. Please don't respond negatively telling me I should've filed an appeal. I know that, I messed up, but I was deeply depressed and ridden with anxiety; bad enough that only long term anti-depressants brought me out of it . I'm not trying to get anything I don't deserve, I would have gladly taken another job but since it was the start of the great recession I was unable to find anything with Circuit City and other retailers going bankrupt.

I sincerely appreciate anybody's help, and I fully willingly to seek legal council. I just don't even know what type of lawyer to peruse. Thanks again and happy holidays, also sorry for the blocks of text but I thought that people might enjoy or need the details.

[cbg]

You are free to talk with an attorney but in general, you have a limited time to appeal and if you miss that window, that's it. I don't know offhand what it is in Texas but I guarantee it's less than two years - it is generally something on the lines of two weeks.

[jk]

a couple problems

and by being fired in such a violent unprofessional way

that doesn't sound what you described here:

More than a hour later I was called into the head manager's office and basically tormented and fired. Though this shady company doesn't actually fire you they "five day you". I had never been written up before and hadn't been given any warnings. They claimed I had argued over commission on the sales floor and shouted loudly. Which was a total fabrication. Anyhow I was very clam and simply left the room. I called after the 5 days were up and they told me that "head office" approved the termination.

then:

Please don't respond negatively telling me I should've filed an appeal.

then there is nothing to say since that is the required process to dispute their decision. As CBG stated, it is almost assuredly too long to do anything about it now though so due to that I won't suggest filing an appeal now.

I know that, I messed up, but I was deeply depressed and ridden with anxiety; bad enough that only long term anti-depressants brought me out of it .

anti-depressants are used to treat clinical depression which is not depression derived from some situation in your life but an actual physical problem. Clinical depression is the result of chemical imbalances within the brain. The anti-depressants are used to treat that imbalance. If you have clinical depression, it is quite likely you suffered from it before this incident and continue to suffer from it. It does not go away and is something you will likely have to be treated for for the rest of your life.

It is also a common problem for people with clinical depression to suffer from bursts of outrage which could easily be interpreted as a "steroid pumped rage".

and then:

I filed for unemployment soon after. TWC sent me a card with funds loaded on it so I mistakenly thought I had been approved. More than a month later a very rude and aggressive woman called from the TWC.

they don't send you cards with "funds loaded" on it unless you have been, at least, tentatively approved. It sounds like you were approved initially but once the employers right to appeal and the appeal reviewed, that initial approval was reversed. That was when you had to appeal but refused to do so.

You should have done a bit of research at the time as nothing I have found suggests your appeal had to be dealt with in Austin (although not 100% certain of the process since it is a moot point and didn't research too much)

[sonicandtails]

Yes the depression was a result of the violent unprofessional workplace (diagnosed and confirmed numerous times). I spared those details because they were not relevant. Anyway I found that very unhelpful. I just want to know for sure if it's too late. What type of attorney would specialize in these matters? I didn't refuse to appeal, I simply had no remaining funds and was poorly informed to the policies. That doesn't matter now, I can't change that chain of events. I simply want to know if it really is too late, and keep in mind that I now have the "supposed friend" available to make a statement, so at the time of the appeal I didn't have the information. So these have changed greatly in my favor. Jk, none of your posts are helpful and you act like you know everything, medicine, politics, so and so forth. Please refrain from "helping me" any further. You are an internet troll for sure.

[LawResearcherMissy]

You are an internet troll for sure.

Aren't you a piece of rude work. You have a nerve, asking for free help from volunteers, then throwing a tantrum when you don't hear what you want.

Figure out what kind of lawyer to consult on your own. You're unlikely to find any more help here. I'm certainly not going to assist.

[sonicandtails]

The both of you have about 30k posts together. Which are all very similar. You insult and disparage people looking for help. Maybe you two are like that because there are a lot of jerks who post here that want help getting away with various crimes. I am not one of these people, I really simply got put into a sour situation. A perfect storm of sorts. To be honest, this same company has done the same routine to many hardworking people. I had no expectations, and I don't mind hearing "oh no, too late on that front". What I do mind is the insults, and the pretending like you're omnipotent. I was looking for 2 specific bits of information, which you two couldn't answer. Which isn't a big deal, it's a lot of work to look up this stuff, and you're not being paid. It's the insulting berating nonsense that that this JK individual was pumping out (as he does in every thread) that was just too much. You have no idea what happened there, and it's not even important. If it's too late to do anything at all, then okay. It's a very simple issue. I figured the time had passed to do anything, but keep in mind the person who made the false claims hadn't come forward until much much later. After the news of this I thought there was a chance to maybe turn things around.

[ESteele]

OP, you unfortunately have little or no chance of introducing this “new evidence” (which itself is now about a year old) and having the 2009 unemployment appeal determination reversed.

With that said, you should contact a knowledgeable attorney with experience in the Texas unemployment appeals process in order to get closure on this matter one way or another. If there is any potential for a “Hail Mary” here, he or she would have to execute the play on your behalf. If you have any shot, you would have to retain counsel who would have to effectuate a “Johnny Cochran” level of lawyering to overturn this decision two to three years after the fact.

Is it impossible? No. Exceedingly improbable? Yes.

[sonicandtails]

Thank you for the professional and polite response ESteele. Your post count is low but your value here is high.

[cbg]

And I don't even get acknowledged...

[sonicandtails]

CBG you're good too, but I was just so angry after the onslaught that I forgot. Thanks.