Fired in Texas, denied unemployment, possible recourse? Legal advice?

This might be a hopeless question, but it's been itching away at me for quite some time now. I was a salesperson [number 1 producer] at a retailer in Texas. I was fired about a year ago for "arguing with a fellow employee on the sales floor in front of customers" which is albeit, against the rules. I had no write ups within a year prior to that event but wasn't shocked exactly because of existing discrimination by the local management. The grounds on which I was fired were almost entirely fabricated. I wasn't too upset as it was a tough job and the commissions were diminishing rapidly, but I of course filed for unemployment and went to seek employment elsewhere. Months later I found out that I had been denied unemployment benefits because of a statement written by the aforementioned coworker [also in sales]. I was dumbfounded and very depressed. A rude lady at the TWC read the statement to me at my request, and treated me like a criminal for requesting unemployment. I gave up filing an appeal because I had no contact with anybody who could back me up as there was a signed, though false, statement that they would surely use as evidence against me. As time passed this same co-worker [which I was previously friendly with] calls me and apologizes only to tell me that she was also fired, and that she was instructed to write a statement involving fabrications against me.

I really feel abused, and I have still not been able to find full time employment. I was also about to gain additional vacation time after 1 more month of service and additional retirement benefits [valued at around $5,000]. Now that I have evidence that this statement against me was written and falsified under explicit instruction by management, Do I have any sort of recourse or hope of receiving what would be the maximum unemployment benefit for 6 months [close to $10,000] nearly a year later? I would really appreciate any help anybody would be willing to give me. This also happened during the recession, and I was one of the highest grossing salespersons in the state, so perhaps this was a lay-off scheme as I know two other similar scenarios company wide. I do realize I should have pursued action earlier, but the evidence from the former co-worker was not available to me at that time. Thanks in advance for all your help, and any advices and instructions will be much appreciated. If I could get a legal expert like CodeName47 to respond, it would be greatly appreciated!

Texas is an at-will employment state. You can be fired with or without cause at any time.

BMW335i said: I was fired about a year ago for "arguing with a fellow employee on the sales floor in front of customers" which is albeit, against the rules.

The above indicates you were fired with cause.

BMW335i said:
The grounds on which I was fired were almost entirely fabricated.

This is a contradiction of what you said above.

I'm not an attorney - and certainly not a labor attorney, but I think what you're saying is that the reason used to deny you unemployment was fabricated. The reason listed has nothing to do with the reason you were fired?

It seems in TX you can appeal your case, but you'll need to appeal your case with a little more than nothing - like maybe employees willing to give your side of the story.
See: http://www.twc.state.tx.us/ui/appl/app_man1.html

However, even if the fabricated reason is overturned, it still seems like there is a valid reason for terminating you... I'd consult with an attorney in this case - there may be something you can do about the fabricated reason - and maybe that's enough of a mistake to nail them on civil damage grounds..

dcg9381 said: However, even if the fabricated reason is overturned, it still seems like there is a valid reason for terminating you
At-will states still offer Unemployment

A valid reason for termination does not prevent ability to get Unemployment

BMW335i said: I was also about to gain additional vacation time after 1 more month of service and additional retirement benefits [valued at around $5,000]that is irrelevant

OP could argue that he and his personality were incompetent to perform the high pressure sales job w/o adverse co-worker conflicts. But yeah, he should have fought this if the statement had absolute falsehoods in it.

BMW335i said: The grounds on which I was fired were almost entirely fabricatedWhat was fabricated ? You already said you violated company policy for "public" arguing, and those were the grounds.

xoneinax said: Yeah, I cannot figure out what the heck is the truth here

OP ? Hello ?Frankly, I see him being a cocky hothead who blew up at the wrong time in the wrong place, and he lost his job because of it. And he refuses to accept responsibility for the consequences, because his perception is that he was justified in breaking the rules so it's unfair to hold it against him.

Glitch99 said: Frankly, I see him being a cocky hothead who blew up at the wrong time in the wrong place, and he lost his job because of it. And he refuses to accept responsibility for the consequences, because his perception is that he was justified in breaking the rules so it's unfair to hold it against him.
Well he does drive a BMW

RS4Rings said: Your friend needs to make it up to you for the lie, Is she cute?Yeah, take her out to dinner, let her start to feel a little guilty, buy some Remy and Coke, rent a movie at BlockBuster, ...

Maybe he was selling BMWs

I gave up filing an appeal because I had no contact with anybody who could back me up as there was a signed, though false, statement that they would surely use as evidence against me.
That's your own fault there. I'm not sure you can appeal it at this point, but I'd certainly try. Get a statement from the person who said they lied to deny you unemployment and see what happens.

Remember, if you are going to go CN47 on someone, you don't quit at the first sign of trouble

Sorry for any confusion, but I meant to say that I was not arguing "in front of customers" which is against the rules, having a private discussion about commissions is allowed and encouraged [obviously to prevent people from blowing up]. The girl is somewhat nice, but she was basically told that if she valued her job [she has kids] she would have to make a written statement about me with fictional content. I just now got back in contact with her, therefore the evidence [I had believed this evidence was in existence all along, but there was no way of proving it] had surfaced. From what I understand it's basically impossible to claim unemployment in Texas if you were fired. The thing is that a retailer, like the one I worked for, has never "laid off" anybody. They are essentially allowed to fire people at will instead of laying them off (if they're short on cash, overstaffed, or for whatever reason). I did not sign any documents in the exit interview [they are not even professional enough to dub it that], as I was totally in shock from the amount of nonsense being thrown around. I'm not sure if that was a good or bad thing. I was going to quit on my own accord in due time as the commissions were being lowered and it's simply a fact that salespeople always get squeezed. Regardless of however much money I did make, I realized that it was for the better if I perused a degree from a University and tired working a more professional and respectable job. That aside I just feel very strongly that I am entitled to something for my 6 years of service, and would like to use the money towards my education and bettering myself.

So, must I pay an attorney a retainer for a consult or any sort of fee? Is it even worth trying to recover the lost wages or unemployment? The maximum in Texas is ~$400 a week, actual wages were much much higher, so in the event of a legal proceeding I would probably request my "average commission" for a time period after the firing as it is greater than the maximum value of unemployment benefits [though I would be satisfied just by recovering that]. Thanks again for all of your responses, they are all being considered.

**There are strict deadlines for filing appeals with the TWC, obviously 1 year is far beyond those windows, but I simply did not have any witnesses or the evidence I needed to proceed untill now.

Welcome to Corporate America, where everyone pisses on everyone else at any possible opportunity. Enjoy!

BMW335i said: I just feel very strongly that I am entitled to something for my 6 years of service

You didn't get a paycheck?

BMW335i said: From what I understand it's basically impossible to claim unemployment in Texas if you were firedAs long as you are not fired for Theft/Violation of Company Policy/Tardiness/Absenteeism/etc, you will get unemployment in Texas.

you know when sales people are telling the truth the moment they stop talking.

It sounds like you got conned by Conn's.