Will my unemployment claim be approved?

Question

I worked at a daycare facility for 11 years up until last Friday. I attempted to prevent a child from running out of the room, and I scratched her arm. I immediately reported it when it happened, and believe me it happens all the time to all the teachers.

The child has behavioral problems that the director and other teachers are aware of.

I told them it was an accident when they confronted me the very next day, they brought the parent in too to ridicule me.

The new owner of the facility has recently been firing all of the older employees because their hourly rate is more than minimum wage. They are having a hard time keeping the place running, so I know they fired me for other reasons.

They told me that I used excessive force but I told them it was an accident, but they did not care and said it was grounds for immediate termination.

For 11 years I never have been written up and have always had positive performance reviews.

The other teachers told me that the new owner tries to fight every unemployment claim, but has lost almost all of them when they are appealed.

Do you think I will win?

Third of Five · Accepted Answer

Hard to say. Usually if you are laid off from a job for no fault of your own, lets say the place shuts down or whatever then its automatic that you get unemployment-no questions asked. In cases where you have been fired or let go for disciplinary reasons it can be a bit harder. Unemployment will certainly want more info. The best thing for you to do is when you file your claim have all of the facts written out in front of you, dont try to hide or deny anything. If they turn you down immediately file an appeal with them. From what i have heard most people who do get turned down are accepted upon their second appeal. 
I cant say if you will get it or not, all you can do is try.

bolte · Answer

it is going to place self belief in the state you stay in. Texas, case in point, is an "at will" employment state and that they are in a position to fire you for somewhat generally regardless of. Denying you unemployment is yet yet another quandary. they're going to frequently deny the declare - thus far because of the fact the employer is apprehensive, you violated producer coverage by arriving previous due. they'd have all kinds of evidence to back them up - that's what companies do - take care of careful documents. Unemployment is as a rule for human beings laid-off or fired for unjust motives.

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Will my unemployment claim be approved?

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