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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2782
Experience:  Exclusively practice labor and employment law.
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My wife is a teacher and she was dismissed from employment

Customer Question

My wife is a teacher and she was dismissed from employment because she was forced to sign a document that states if her STUDENTS don't pass the staar test that she will be let go.Her kids didn't pass so she filed for unemployment the school objected and said it was because of disciplinary action. Even though twc first sided with my wife now it has been reversed via phone hearing.Does she have a case?
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your termination of employment.

 

I'm frankly shocked that the original grant of unemployment in this situation was reversed. Generally the only way a terminated employee can be denied compensation (assuming they meet all the earnings requirements) is that they are considered to have committed misconduct. Section 201.012 of the Texas Unemployment Compensation Act states,"'Misconduct' means mismanagement of a

position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to ensure orderly work and the safety of employees. The term 'misconduct' does not include an act in response to an unconscionable act of an employer or superior."

In practice Misconduct has to be proven by the employer and the employer has to prove that it gave the employee several warnings and/or the action was so intentional by the employee as to be a complete disregard for the employer's interests.

I just don't see how the employer could have met that burden in this case...even the most diligent teacher, following every employer policy, cannot guarantee their students would pass a test;; that criteria is unconscionable. Thus, I would have to believe there is a a very high probability that this decision to deny benefits would be reversed on appeal to the commission.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.


John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2782
Experience: Exclusively practice labor and employment law.
John and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

Great job,I tipped you but the site timed out did you receive it?

Expert:  John replied 10 months ago.
Yes. Received it. Thank You!

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