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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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If an employee gets fired for not performing to expectations, but his/her supervisor has agreed that he/she will not contest it if he/she applies for Unemployment Benefits, what should the employee tell the Unemployment Office what his/her reason for leaving the job was? Will he/she get Unemployment Benefits if he/she says that he/she was fired for not performing to expectations but that the supervisor has agreed that he/she is O.K. with him/her receiving Unemployment Benefits? The admission of saying that he/she fell short of meeting expectations won't cause the Unemployment Office to deny it based on getting fired for cause? Thank you for your assistance.

When your employer has agreed to not contest your unemployment benefits, the best thing to do is to get that promise in writing from your employer.

In regard to what you tell the TWC when you file for benefits, you say that you were laid off. If you tell the TWC that you were terminated because you fell short of expectations may lead to the TWC denying your benefit claim because you are saying that you were terminated for cause. Any sort of termination for cause disqualifies you for unemployment benefits.

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