Legal Question in Employment Law in Texas

I'm a plumber and worked for this company for about three years. this company is a contractor for samsung semiconductor. We do all the utility installation for ther semiconductor machines, inside a cleanroom. Company policy says that whenever we open a floor tile to perform work. we must barricade the area or have a spotter. In this particular incedent i was the spotter and didn't have barricades on a open floor tile. A contractor from another company fell in the hole and cut his hand. As a result of this incident i signed a paper stating that i was getting 3 days suspension possibly 5 days or up to removal from site, which did happen. Samsung removed my badge so i was transfered to another jobsite. They told me there was no other positions elsewhere so i was going to be transfered to another jobsite for a week so i can find another job then i was going to get layed off. I was told that i was getting layed off by the company superintendet, He also told me that nothing had to be signed in order to apply for unemployment. So after that week i applied for unemployment to later find out that i was being denied benifits becasus my company had said that i was fired and not layed off because i violated company safety policy. I talked to company and they said that i was wrong and that i was fired and not layed off and that no paperwork was needed to be signed when i got fired. Is there anything i can do since they told me i was getting layed off and then i come to find out that i was fired and now im getting denied unemployment benifits


Asked on 5/10/12, 9:25 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Continue appeals of the denial...insist upon being laid off....and u may succeed..but keep looking for work somewhere as there is no guarantee of unemployment beneftis

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Answered on 5/11/12, 6:48 am


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