I was granted unemployment benefits after being fired from my former employer on February 24, 2010. Weeks later, I received a letter stating I was disqualified from the benefits due to employer's contesting that I was fired for misconduct. So, I appealed the decision. Texas Workforce stated they made several attempts to reach me and left a voice mail stating if I didn't reach them.
I did not receive such a voice mail, but during the times they said they made this call, I did receive numerous hung-ups, when I answered my home phone (Not to mention, I requested they call me on my cell phone due to job hunting). So since I couldn't be reached, they made a decision to uphold denying me benefits--a finding towards the employer.
The employer didn't inform me as to why I was being terminated; I never received any type of corrective action since my tenure (which is close to 3 years) with the company (Sprint). Not to mention, I was interviewed for a position in management the day before.
When I received my hearing packet and noticed documents that couldn't be deciphered, my former employer did not cooperate in providing crucial information from my employee file (such as employee evaluations, clock times, employee trainings, and any corrective actions taken since my employment with the company). I was told that such would be passed on to their legal department, and it could take up to five business days.
Once I finished the conversation with the former employer, I called the assigned TWC H.O. (Mrs. **) once again to ask to reschedule and that the former employer is not cooperating again and if they could be subpoenaed for the documents. I received no return call. It stated:
"Your tribunal hearing -- Information & Instructions --- Schedule conflicts/Hearing postponements are not ordinarily granted. However, If you have a justifiable conflict, notify the hearing officer as soon as possible before your hearing. If you don't, a later request to open your hearing may be denied."
I called Mrs. ** on seven different occasions about the matters above and received not one call prior to the hearing date, May 17, 2010. I did receive a call from Mrs. ** on the 27th of May 2010, telling me only to appeal the decision once again. Now, I once again appealed under Commission Rule 16, 40 TAC 815.16 Good Cause to Reopen. This is the Letter to TWC:
"Please accept this correspondence as a request for a new hearing in regards to the determination letter dated 18-May-2010. lf taken into consideration, Under the Labor Code Sec. 212.102, due to new evidence that's most critical, request of information from my prior employer, such (I was informed on 13-May-2010) is only available from their Legal Department, and no communication from the appointed hearing officer Mrs. **.
"The lack of communication occurred after receiving the initial letter dated 4-May-2010. The supporting documentation provided by my past employer (Sprint) was illegible and difficult to decipher. I attempted to contact Mrs. ** several times in regards to this on the following dates: 7-May-2010, 12-May-2010, 13-May-2010, and 19-May-2010. These calls were not returned. Ms. M. did not respond until the morning of 27-MAY-2010.
"After my phone calls were not returned, I contacted Sprint 12-May-2010 and followed up again on 13-may-2010. Requesting the legible copies of their supporting documentation, I was informed that this information could not be provided until 19-May-2010 due to the process of their Legal Department. As a result, it was under that Sprints' Legal Department.
"I was also in contact with TWC to inform them of the date this new information will be provided as supporting documentation, which was days after my original hearing date. So again, I called Mrs. ** and received her voice mail. I left a message to please return my call. I was present, called the hearing number in ample time on the day, 19-may -2010, which was the date Sprint's Legal Dept. was releasing this information.
"I was informed I'd receive a callback to begin the hearing. 45 minutes or 1 hour had elapsed, but there's no callback. I decided to call back to make sure there was no problem. After providing my Information, the TWC representative informed me that the hearing was two days prior. A day later, I received a determination from the TWC.
"If taken into consideration:
1) New evidence as well as firsthand witnesses who are willing to testify.
2) Documents received from TWC copied documents from Sprint that weren't legible that's critical for me to decipher.
3) No or lack of cooperation from Sprint's Legal Department to provide my employee file which is only available through their database consisting of work schedule for the days in question-Employee Evaluations-Letters of Character positive and/or negative to the case filed in my employee records that, as I was told, could only be retrieved by a subpoena but was not informed this until 4:30 pm on 19-may-2010.
4) Considering the employer never informed me to why I was terminated only to find out why when TWC sent me the appeals packet, which on the other hand, the employer had plenty of time (well over six weeks) to make these frivolous, slanderous, and demeaning charges against my character to justify why I was terminated.
5) No communication from the hearing officer after numerous calls and voice messages asking for time to receive the new evidence, gathering witnesses and testimonials from customers with firsthand knowledge in reference to the allegations, and some clarification to certain issues.
"If the claimant receives documents from TWC that aren't legible or can't be deciphered by the claimant, is there a number to call so you can receive these documents so they are legible or for some clarification? If there's new evidence that's critical to the claimant's case that the employer can only access, is there a point of contact that can be reached, or if at all possible, to leave a message to be contacted to answer or give clarity prior to the hearing date?
"I performed my duties to the best of my ability for close to three years, and during that time, I only received praise from my managers, leaders, customers, as well as my peers. I'm confident with this new existing evidence: testimonials from managers and employee evaluations which showed nothing less than integrity, loyalty, commitment, and dedication to the company; and co-workers who were present and key customer witnesses to testify on behalf of these frivolous, demeaning, and slanderous charges brought against me due to retaliation for reporting potential wrongdoings that I brought to my store manager only to be fired in the process months later.
"This is why it is only fair to reopen this case. Thank you for taking the time to read this letter."
After this, I received another hearing officer (Mr. **) with whom the hearing was set for the 1st of July 2010. At the hearing, I was told Mr. ** testified that "I'm not doubting you made the calls to Mrs. ** prior to the hearing." During that hearing, he also requested the information I had asked Mrs. ** and my former employer which they informed him they didn't have.
Mr. ** stated that he would give them time to produce this information and have a continuous of this hearing. But he didn't do a continuous. He provided by mail a packet; it showed the former employer's address. It also showed that the packet was sent in copies to the district manager's home address who fired me. In addition to that, it showed a Page 3C of the issues in the hearing which stated "Notice of resetting. A timely request for a new hearing has been made under the provision of Rule 16 of the Texas Workforce Commission."
Once again, a hearing date was established for the 21st of July 2010. On this day, the former employer did not show nor did they provide Mr. ** with the documents he requested. Even so, Mr. ** proceeded with the hearing without the former employer. After that, he notified me the decision would be mailed to my address.
When I received the decision which it was found that I didn't have an emergency on the hearing, therefore the claim to reopen is denied. So, proving that the former employer did fire unjustly means nothing. For you to have called your appointed hearing officer well over seven times to notify as soon as possible before your hearing of conflicts with your former employer of this new evidence. That fact that on July 21 would mark the 6th month the former employer has refused to prove this new evidence. And the fact that it marks the 6th month that the Texas Workforce Commission has not assisted/subpoenaed/answered a simple phone call or voice mail message to be notified of the new evidence that you inform us to do.
Now that makes the 4th time that Case #1289522 Claimant and Employer: Sprint-United Co. has been sent not to the former employer HR or Legal Department, but to a private home. It marked twice that Sheila ** denied hearing officer Mr. ** of TWC any information of the claimant's employment, evaluation, any corrective action documents, and/or any training on the matters in question.
Employer has denied Texas Workforce Commission of this new evidence, denied documents that they cannot provide from a private address. Knowing if its former employer (corporation) had knowledge of someone other than its Legal Department. Instead, the Texas Workforce Commission hearing officer told me when I reached him that he could not talk to me about the case and ended his call.
Then on the day of the appeal's hearing, I informed Mr. ** of my witnesses who will prove that the SPRINT-UNITED Documents you were sending to a personal address is not where their corporate office is located. But once again, the hearing officer said he was not disputing my witnesses testimony and there would be no need for my witnesses' testimony.
If this is an appeal hearing between I (claimant) and my former employer which has an Human Resources and Legal Dept. that handle theses issues, why is this information being sent to this person's home address? My life has been turned upside down. My house is in foreclosure after months ago dueing a home modification for the 2nd and last time.
I've been suffering with depression again. My family and I have gone days at a time without water, because of the financial strain, And food has been scarce for the last three months. You see, I'm raising three teenagers, married, and raising my newborn granddaughter.