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  1. #1
    Join Date
    Jul 2012

    Default Employer Claims I Was Terminated But I Was Laid Off

    My question involves unemployment benefits for the state of: Texas

    I was "laid off" from my job 2 1/2 weeks ago-I specifically asked if it was a layoff and my boss said "yes, I am laying you off." Yet, today I found out they claim to the unemployment commission I was terminated. Next step is that a claims examiner will speak with me and my former employer because of conflicting statements.

    I was never written up or reprimanded for anything-and they told me I was being laid off because they were going in "a different direction" with my position. I just feel like I have no rights-any thoughts or direction on what I can do? In the past two weeks I am applying for jobs left and right...even out of state...just to get a job. I can't believe that they would give a completely answer than what I was told-is this legal?

    I should also note that I believe they hired someone for my position, while I was still working there which is why I imagine I was let go. Thanks in advance for any assistance or direction.

  2. #2
    Join Date
    Jan 2006

    Default Re: Employer Claims I Was Terminated,

    You have two choices when leaving a job:

    terminated and

    self terminated

    If they ended the job relationship, you were terminated.

    It's why you were terminated that makes a difference. So far, it doesn't appear it would be for any reason that would disqualify you for unemployment.

  3. #3
    Join Date
    Jun 2006

    Default Re: Employer Claims I Was Terminated,

    If you no longer work there, then you were terminated. There are voluntary and involuntary terminations. A voluntary term means you quit. An involuntary term means that your employer initiated the end of your employment. Layoffs, RIF's, firings are all terminations. Termination is not a synonym for fired.

  4. #4
    Join Date
    Jul 2012

    Default Re: Employer Claims I Was Terminated,

    Thanks so much for the response. I specifically told the unemployment commission I was "laid off" and employer said "terminated" - the unemployment office then said we had conflicting statements (maybe it is a language thing for Texas?). The claims examiner will then interview us both and make a decision. I was only with the company three months...and like I said was never written up, late etc, so I can't imagine what will be the reason they will give for terminating me, since they only gave me a vague reason. Just hope that it is a fair and honest process. Thanks again.

  5. #5
    Join Date
    Mar 2012

    Default Re: Employer Claims I Was Terminated,

    Since you only worked there three months, there may be other things going on behind the scenes.

    Did you get your monetary determination yet?

    Also, if you are monetarily eligible, it may not be this last employer that's fighting the claim, but rather the prior one(s) that are going to get their reserve accounts charged that are causing you problems.

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