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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12485
Experience:  Significant experience in all areas of employment law.
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My niece was terminated because she complained of the

Customer Question

my niece was terminated because she complained of the working conditions (working 16 hours without relief from supervisor . she wrote a letter stating her concerns and she could no longer work overnight but employer continued to put her on schedule a week or so later she was fired and the TWC affirmed the decision
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: it was full time not sure if at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that the TWC hearing judge said the employer was negligent in not relieving her but that she voluntarily quit and she is disqualified for UI
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.

Hello and thank you for entrusting me to assist you. I am very sorry to hear about this situation involving your niece. What specifically is your question regarding this situation? Are you asking if she can appeal the denial of UI benefits? I very much look forward to helping you on this matter.

Customer: replied 6 months ago.
does she have a claim she can win based upon what happened to her because she would need to appeal the TWC decision again .
Expert:  Patrick, Esq. replied 6 months ago.

My apologies but I'm not quite sure I understand. By "a claim she can win" do you mean a lawsuit for wrongful termination, or do you mean a claim for unemployment benefits?

Customer: replied 6 months ago.
unemployment appeal claim
Expert:  Patrick, Esq. replied 6 months ago.

Thank you.

Your daughter would need to establish that no reasonable person genuinely desirous of being employed would h ave quit under the circumstances. In other words, that the hours were so unbearable that she had no choice but to quit. This is difficult to prove due to the general presumption that if you quit you did so voluntarily, but it is certainly possible to prevail, and your daughter stands nothing to lose by appealing. Instructions for appealing should have been contained on the denial letter she received.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....