Unemployment waiver???????

Magestry

Our corporate headquarters is in Flrodia, but we have a location in Texas and I am not completely familiar with their State Policy. I need help.
I have them sending us copies of the complete employee files, specially at new hire. I have come across some policies that they have placed that is not in our policy manual and I need to know if they is a State Law or Federal Law that allows this, or if it is something they have just made up policy.

I have come across a policy that states "If my employer discharges me during my first 90-days of employement for unsatisfactory work performance, I understand that this account will not be charged with any unemployment benefits that I may be determined eligible to received under " Unemployment Compensation Law".

Down_the_Middle

There is no federal law that governs unemployment eligibility, so I would go to the respective state and verify that language. It may apply, but I'm very suspicious that the verbiage is "home-made".............

bsa

I am in Texas. I don't believe that TWC would deny unemployment based on that statement. The employee cannot decide if an employers account will be charged, TWC does that. Basically they only deny unemployment for "misconduct connected with work", which is very hard to prove without good documentation and policies.

A word of advice, be sure someone is designated at your Texas location to open and respond to; or forward immediately to you, any correspondence from TWC. If an ex-employee files for unemployment, the employer has only 14 days to respond -- even if the response is "I'm not ready yet, please give me more time." If you fail to respond timely, you lose all rights to appeal. I think that you can designate another location to receive correspondence. Check out their website at http://www.twc.state.tx.us"

Theresa Gegen TX

I believe that this type of agreement (to waive unemployment) is illegal in Texas. The unemployment commission will decide if the employee is eligible and which employer should be charged. The employee has the right to file for unemployment.

This was probably picked up from another state, as I have seen an article written about unemployment law in another state that allows this. But to my knowledge, it is not allowed in Texas.

Good Luck!

Margaret Morford

I'm not sure that your policy language was meant as a waiver. The law of each state will govern if the individual is eligible for unemployment. That right cannot be waived. However, some state unemployment laws require that the individual work one full quarter (90 days) before he/she is eligible to collect unemployment from that employer. For example, an employee leaves Company A after 6 years of employment to work for Company B. The employee is terminated from Company B before 90 days have passed. When the employee files for unemployment, if the employee is deemed eligible, the employee may not collect that benefit from Company B because the employee has not worked for a full quarter. However, the employee will collect unemployment from (and it will be charged to)Company A's unemployment account. The wording in your policy may be trying to explain this. As the previous answers have pointed out, this may be read as a waiver rather than an explaination. I'd check your state laws and clean up the language if it's truly an explaination.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
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