TWC resolves multiple unemployment insurance cases on docket 46; split decisions and resubmissions recorded
Summary
At a meeting addressing docket 46, the Texas Workforce Commission affirmed several Appeals Tribunal rulings, resubmitted at least one case for merits testimony, and set aside and voided a continued claim tied to marketplace contracting after debate over employment status.
The Texas Workforce Commission considered multiple unemployment insurance appeals from docket 46 and issued several outcomes, including affirmations of Appeals Tribunal (AT) rulings, a resubmission for merits testimony, and a set-aside and voiding of a continued claim tied to marketplace contractor work.
Case highlights and outcomes recorded during the meeting:
- Case 3468279: Commissioners debated whether the claimant quit because of workplace harassment. Commissioner Trevino urged reversing the AT and finding no voluntary leaving; other commissioners found the claimant quit without giving the employer adequate opportunity to remedy and affirmed the AT decision of voluntary leaving with no chargeback.
- Case 3681170: Commissioner Trevino argued lack of transportation (4 a.m. start) made the work unsuitable under section 207.045(g)(1) and recommended reversal. The commission found transportation was the claimant's responsibility, affirmed the AT decision of voluntary leaving, and recorded overpayment findings as applicable.
- Case 3709746: Trevino recommended modifying the AT (no voluntary leaving), but commissioners concluded the claimant lacked good cause for missing an earlier hearing and affirmed the AT decision (timely petition to reopen denied; voluntary leaving).
- Case 3749419: The employer alleged it did not receive a Notice of Maximum Potential Chargeback (NMPC). Commissioners debated receipt and credibility of testimony; the commission agreed to resubmit the case for merits testimony (modify AT and resubmit) to address the employer's timely-protest claim.
- Case 3844073 (continued claim related to marketplace contracting): Commissioners concluded the claimant's marketplace contractor work did not constitute employment for purposes of this claim, set aside the AT decision, and voided the continued claim; the item was handled via short-form consent.
- Case 3846986: Commissioners debated whether threats by a coworker and the employer's investigative response supported reversing the AT. The transcript records a short-form consent resolving the matter.
After individual case discussion, the presiding commissioner moved to accept staff recommendations on the remaining UI cases on docket 46; the motion passed with noted exceptions and short-form dissent lists recorded.
What this means: a mix of affirmations and targeted remands/resubmissions; several decisions turned on whether claimants gave employers adequate opportunity to remedy workplace issues, whether transportation constituted work unsuitability, and on procedural receipt of notices. Commissioners used short-form dissent lists for some items rather than detailed on-the-record roll calls.
