Commissioner Esparza affirms misconduct ruling in multiple unemployment cases

In a recent Texas Workforce Commission (TWC) meeting held on April 22, 2025, several significant decisions regarding unemployment claims and job separations were made, impacting both employees and employers across the state.

One of the key discussions centered around a case involving a claimant who was terminated for unauthorized use of a cell phone and subsequent absenteeism. The commission affirmed the decision of the Appeals Tribunal (AT), categorizing the claimant's actions as misconduct connected to work, which means the employer will not face a chargeback for unemployment benefits.

Another notable case involved a claimant who was discharged for call avoidance. Despite being trained to handle calls, the claimant failed to seek help when needed, leading to performance issues. The commission reversed the AT's decision, reinforcing the employer's zero-tolerance policy on call avoidance and confirming the discharge as justified misconduct.

Conversely, in a case where a claimant was late to an AT hearing due to preparing her children, the commission found that she made a good faith effort to participate and should be granted good cause for her tardiness. This decision highlights the commission's recognition of personal circumstances affecting participation in hearings.

The meeting also addressed cases where claimants were discharged for attendance issues. In one instance, a claimant argued that she was not properly informed of her attendance points, leading to her termination. The commission ultimately sided with the claimant, stating that the employer did not follow its own disciplinary procedures, thus reversing the AT's decision.

Overall, the TWC's decisions reflect a commitment to uphold fair practices in employment and unemployment claims, balancing the rights of employees with the responsibilities of employers. As these cases illustrate, the outcomes of such hearings can significantly affect the livelihoods of individuals and the operational integrity of businesses in Texas. The commission's next steps will involve continued scrutiny of employer practices and the enforcement of fair treatment in the workplace.