A leader needs to accept and understand the importance of implementing a corrective action and termination process. Following the Corrective Action process lends to a more successful defense with Texas Workforce Commission Unemployment claims.
In Texas, if corrective action is used to address misconduct connected with the work, it must meet a very specific definition. Misconduct connected to the work is determined by the employee’s actions; basically, something that the employee does or fails to do that: 1. Causes a problem for the company, or 2. Violates a rule, policy, or a law; AND 3. Is within the employee’s power to control or avoid.
In the event of an unemployment claim involving misconduct, the documented corrective action will help to substantiate two things: 1. That the claimant was fired for a specific act of misconduct connected with the work that happened close to the time of discharge (which is why dates are very important) 2. That the claimant knew or should have known that he or she could be fired for such a reason. These two points will be proven through good documentation and with firsthand testimony from witnesses.
Achilles Group works with clients to ensure they have the toolkits, training and guidance they need to navigate the unemployment claims process. If you have questions about Unemployment claims, please contact us for additional information.
