In Texas the bennies are based on the prior 3 quarters. If they employee is a new hire in the first 90 days then I do not think it counts against you. I also think Texas does have a law that says you can release an employee in the first 90 day probation period at will without any concerns
I need to take some time and revise my handbook as we do have some new laws and posters for 2013.
There are also maximum limits to what you can get over a period of time. Designed to stop people from working a month then collecting, then working a month then collecting again.