In general, employers should make every effort to verify employment history and other references prior to hiring someone. However, that is not always possible. If a person is hired, but later fired because a late reference finally came in, the unemployment claim will probably go in the claimant's favor, unless the claimant falsified or concealed that information or otherwise tried to mislead the employer about it. The reason the claimant will probably win is that the reference will usually be about something bad that happened in the past that is not connected with the claimant's last work. Remember, disqualification for someone who is discharged is only for misconduct connected with the last work, not for something that happened before the claimant was even hired. It is up to an employer to conduct a prompt and thorough check of all information supplied on the application, and to check everything possible prior to hiring a new employee.
See also: Job References and Background Checks
Go to the Employer Commissioner's Page
Go to the TWC Home Page