Public commenter urges TWC to review misconduct disqualification after employer evidence not shown

Vicky Flower told the Texas Workforce Commission that a loved one’s unemployment misconduct disqualification was upheld without employer evidence and urged commissioners to act on a pending commission‑review file.

"If accusations are made without evidence, they cannot support misconduct," Flower told commissioners during public comment, saying the employer in the case sent a fax indicating the facility was closed and provided no admissible evidence. She said the claimant requested a timely commission review, but the review was not scheduled and instead the claimant was placed into a new tribunal proceeding they did not request.

Flower described the new hearing as brief and decisive despite more than 100 pages of evidence on file: "a new fresh hearing officer, duty bound to provide a meaningful review, took less than an hour to decide the case with over 100 pages of evidence," she said, and asked commissioners to grant relief.

The comment cited the Commission’s appeals policy and precedent manual and referenced rule 201.012, which Flower said defines misconduct as requiring employer‑provided proof. Commissioners acknowledged the comment but did not record immediate action on the request during this meeting.

The public comment highlights a procedural concern raised by a claimant’s advocate about how misconduct disqualifications are being adjudicated when employers do not appear or provide evidence. Flower asked the Commission to review the specific file and to provide relief if the record lacks the employer proof required under the Commission’s standards.

Commission staff acknowledged receipt of the public comment and proceeded with the agenda. No further scheduling or directive appears in the transcript segments for this meeting.