TWC issues mixed rulings on Docket 26 wage claims and unemployment insurance cases; several rehearings and modifications ordered

The Texas Workforce Commission on Docket 26 considered wage claim recommendations and a series of unemployment insurance (UI) contested cases, producing a mix of affirmations, modifications and rehearing orders.

For wage claims, a commissioner moved to accept staff recommendations on the remaining wage claim cases on Docket 26; another commissioner seconded with exceptions noted in the short-form dissent list. The motion passed with those exceptions.

Commissioners then addressed UI cases individually. Highlights from the transcript include:

- Case 3601885: Commissioner Trevino moved to modify the administrative law decision after finding the claimant had good cause for missing a hearing notice and that the employer had not met its burden to show misconduct. The transcript records a modification and a recommendation to rehear as an alternative if further evidence was required.

- Case 3667057: Commissioners voted to rehear the case to develop evidence related to the employer’s absence at a rehearing and whether the employer had good cause for missing the originally scheduled hearing.

- Case 3676210: The commission modified the AT decision, finding the claimant’s conduct did not amount to misconduct connected with work and ordering chargeback treatment as reflected in the transcript.

- Cases 3688734 and 3688737: Commissioners recorded findings supporting affirming the AT decisions that the claimants committed claim fraud for the period cited, with an overpayment amount of $4,723 noted in the transcript for at least one case.

- Case 3702074: Commissioners ordered a correction to the employer name and account number; majority statements in the transcript support affirming the separation decision on the facts, while at least one commissioner filed a short-form dissent. The transcript records an order to bill and reimburse the employer where appropriate.

- Case 3712965: A rehearing was ordered to review the employer's testing policy and correspondence with the claimant; commissioners agreed to rehear the matter.

- Case 3713322: Commissioners discussed the claimant’s no-call/no-show absences and evidence; the transcript records an affirmation of misconduct by the majority, with a short-form dissent filed.

- Case 3720987: Commissioners reversed the AT decision on a record in which the claimant said she had been given the choice to resign or face criminal charges; the commission ordered reimbursement to the employer in the transcript record.

- Case 3742960: Commissioners split on whether the claimant quit for good cause after a home-health assignment ended; the transcript records a final affirmation of voluntary leaving and no chargeback by the majority, with a short-form dissent.

Multiple decisions included short-form dissents that were entered into the record; where commissioners asked for a rehearing, the transcript records that rehearings would be scheduled. The transcript records votes and outcomes in the cases above as recorded by commissioners in open session; some case outcomes included administrative corrections (employer name or account number), chargeback determinations, and overpayment recalculations.