Can you get unemployment if you get fired within 90 days

By setting the expectation they can terminate you upfront for any reason (or no reason at all) during that “probationary” period it makes it difficult to receive unemployment benefits or prove that an employee was terminated illegally. If your employer fires you during your first ninety days you should consider scheduling a consultation with an employment lawyer to discuss whether a possible claim exists.

• Probation and wrongful termination for discrimination in Texas
• Texas employment lawyers for wrongful termination

Probation and wrongful termination for discrimination in Texas

Employers may not terminate an employee for any illegal reason. This includes both outright discrimination and discrimination covered by a legitimate reason. For example, an employer may decide to release a woman employee because she doesn’t “fit in” with the predominately male environment and took offense to sexual jokes during lunch. That is an example of discrimination if the company fires her as not a good fit with coworkers. Sometimes employers will refer to this person as a troublemaker for complaining.

To change the hypothetical, let’s say the same woman employee takes offense at sexual jokes and the boss sees her as a possible source of problems if she complains to HR. He knows he can’t fire her for getting offended by the jokes without getting himself in trouble. When she shows up a few minutes late, days later, he fires her for being tardy during the probationary period. Although it was legitimate to terminate her for tardiness, the underlying reason was discrimination on the basis of sex.

If there is both legitimate and discriminatory reason for termination, employment law will support the legitimate reason if independently legitimate. So looking at our hypothetical, tardiness is the legitimate reason but we need to see if it is independent. In most cases we would look at other employees tardy during the probationary period and see what discipline followed. If we find other employees tardy but not fired, then it suggests the legitimate reason was a pretextual.

If we find this boss always fires new employees who are tardy then it is probably legitimate. Therefore, the courts would not provide relief to our hypothetical employee. Keep in mind that these situations are fact specific. If you have been fired within your probationary period you should still consider scheduling a consultation with an employment lawyer to determine if you have a possible claim.

Texas employment lawyers for wrongful termination

Although the probationary period may make it more difficult to prove discrimination or other illegal action against new employees, it does not make it is impossible to prove. If you believe your employer violated your employment rights, speak to an employment attorney. Visit the Texas employment law page to learn more about your employee rights in Texas.

Were you laid off or fired?

There is a difference between being laid off and fired. Generally, we will treat you as:

• Laid off if your employer is not replacing you. You will qualify for unemployment benefits if you meet all of the eligibility criteria.
• Fired if your employment was ended because of performance, behavior or other “just cause” reason. You may qualify for unemployment benefits if you were fired through no fault of your own, such as not having the skills to do the job. Youmay not qualify if you were fired for misconduct or gross misconduct.

Layoff examples

• Your employer has no work available
• Your assignment ended
• Your employer went out of business
• Your position was eliminated
• You're required to participate in temporary classroom apprenticeship training
• You're a seasonal employee and the season ended
• Your employer temporarily shut down for reasons such as weather, materials delay, natural disaster or temporary maintenance closure
• Your employer gave your separation reason as standby
• Your employer said that you were on furlough

Fired for misconduct examples

• Deliberate or wanton disregard for your employer or a fellow employee, such as:
• Insubordination
• Repeated inexcusable tardiness after warnings
• Dishonesty related to your employment
• Repeated and inexcusable absences
• Violating the law or deliberate acts that provoke violence or illegal actions, or violating a collective bargaining agreement
• Violating a company rule
• Deliberately violating or disregarding standards of behavior that your employer has a right to expect.
• Carelessness or negligence that causes, or will likely cause, serious bodily harm to your employer or fellow employees.
• Carelessness or negligence that is so bad or happens so often that it shows an intentional or substantial disregard for your employer.

Gross misconduct examples

• A criminal act in connection with your work for which you have been convicted in a criminal court or have admitted committing. Examples include:
• Embezzlement or theft of property.
• Purposeful destruction of the employer’s property.
• Conduct connected with your work that demonstrates a flagrant and wanton disregard for your employer or a fellow employee. Examples include:
• Installing a secret camera in fitting rooms.
• Stealing a patient’s identification.

Misconduct and gross misconduct penalties

If we determine that you were fired or suspended for misconduct or gross misconduct connected with your work, we will deny your benefits for at least 10 weeks after the week you were fired and until you earn at least 10 times your weekly benefit amount in a job that is covered by unemployment insurance. If we deny your benefits based on gross misconduct, we will also remove wages and hours from your unemployment insurance records. Once the wages and hours are removed, they are no longer available for your use and may cause you to be ineligible for future unemployment benefits.