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Question about Texas unemployment

Posted on 1/28/14 at 10:34 pm
Posted by lsusa
Doing Missionary work for LSU
Member since Oct 2005
4497 posts
Posted on 1/28/14 at 10:34 pm
My mom, who lives in texas, asked me this question for a neighbor. I only have a few details but-


1- guy was working for a company

2- company decided to move to Malaysia

3- guy filed for unemployment....company challenged by saying "they offered him job in Malaysia"m

4- initial claim was denied

Anyone know if this is legally correct in Texas?


Fwiw, I am aware of people in this state who were fired for things like theft or not showing up to work, yet got UCB because "the company didn't thoroughly explain the policy that you can't steal or have to come to work".
Sounds like utter BS.


But this sounds equally as wrong.

Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167094 posts
Posted on 1/28/14 at 10:36 pm to
Sounds like he worked for a bunch of assholes and that he should call the DoL in Texas and ask them this question.
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 1/28/14 at 10:37 pm to
If he got laid off it doesn't matter. He should appeal.
Posted by Scruffy
Kansas City
Member since Jul 2011
72016 posts
Posted on 1/28/14 at 10:38 pm to
Scruffy bets that there is something this guy didn't tell your mom while he was having sex with her.
Posted by Hawkeye95
Member since Dec 2013
20293 posts
Posted on 1/28/14 at 10:41 pm to
quote:

My mom, who lives in texas, asked me this question for a neighbor. I only have a few details but-


1- guy was working for a company

2- company decided to move to Malaysia

3- guy filed for unemployment....company challenged by saying "they offered him job in Malaysia"m

4- initial claim was denied

Anyone know if this is legally correct in Texas?


Fwiw, I am aware of people in this state who were fired for things like theft or not showing up to work, yet got UCB because "the company didn't thoroughly explain the policy that you can't steal or have to come to work".
Sounds like utter BS.


But this sounds equally as wrong.


I don't believe they can do this, but I am not a lawyer and don't live in texas.

I know at my work, they moved a bunch of jobs to california. And those people got the option of a relocation or being RIF'd. Most chose the package.
Posted by KingRanch
The Ranch
Member since Mar 2012
61590 posts
Posted on 1/28/14 at 10:42 pm to
That sucks a big one. It sounds within the realm of possibility though.
Posted by Tigah in the ATL
Atlanta
Member since Feb 2005
27539 posts
Posted on 1/28/14 at 10:45 pm to
It is possible that Texas is so fricked up it would consider a job offer in Malaysia different from being laid off, but I doubt it.

There are also federal benefits when your job goes overseas.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32857 posts
Posted on 1/28/14 at 10:47 pm to
Some companies fight every EI claim. He should appeal.

This is all I can give you without more info.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 1/28/14 at 10:47 pm to
quote:

2- company decided to move to Malaysia


Anyone know any good Malaysian lawyers?
Posted by lsusa
Doing Missionary work for LSU
Member since Oct 2005
4497 posts
Posted on 1/28/14 at 10:48 pm to
Thank you for for the responses.

Will pass them along....well except for that scruffy guy's. ;)
Posted by lsuconnman
Baton rouge
Member since Feb 2007
2631 posts
Posted on 1/29/14 at 2:48 am to
Scenario doesn't sound legit. Most unemployment applications ask if you were 1) laid off 2) quit 3) discharged. The default setting for laid off will set-up benefits.

Regardless of truthfulness, selecting "layoff" usually allow you to collect benefits for several weeks before the the claim is contested by the employer and suspended. The employer needs to preemptively notify DOL about a disqualifying reason for separation for benefits to be denied from the onset...and if they really outsourced to another country (or even another state), they no longer care about their employer rating, and wouldn't waste their resources contesting UI claims.
Posted by SWCBonfire
South Texas
Member since Aug 2011
1256 posts
Posted on 1/29/14 at 6:59 am to
You know, the guy could just go get another f'ing job... Texas being one of the few places you can do so at the drop of a hat. He should be glad he doesn't live in Michigan.
Posted by Tigerntx
NOLA
Member since Jul 2011
1309 posts
Posted on 1/29/14 at 7:50 am to
Definately appeal. The process will take 30+ days and the hearing is done via conference call. If they have moved, good possibility they will not respond, especially considering the time zone factor.
Posted by lsuconnman
Baton rouge
Member since Feb 2007
2631 posts
Posted on 1/29/14 at 4:36 pm to
Even if they respond, you appeal and simply say "there was a substantial change in the conditions of employment"

The "friend" either doesn't qualify, or failed to properly state the reason for separation.

Honestly, UI is the easiest entitlement system to game, and initial rejection are overwhelmingly the result of applicant error/failure to provide adequate explanation.
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