Appeals Policy and Precedent Manual - Texas Workforce Commission

Tex 07-03-97
APPEALS POLICY AND PRECEDENT MANUAL
VOLUNTARY LEAVING
VL DISCHARGE OR LEAVING
VL 135.05 (5)
Appeal No. 2198-CA-77. The fact that, after resigning with notice, a claimant
continued working until a replacement could be trained and in order to assist the
employer with tax forms, did not change the nature of the claimant's separation
from a voluntary quit to a discharge. Such activities by a claimant after she gave
notice of her intention to resign should reasonably be considered a part of the
process of the claimant's voluntary separation from employment. (For a more
complete digest, see VL 515.30.)
Appeal No. 1252-CA-77. The claimant, an employee of a temporary help service,
failed to report for reassignment after the completion of the last assignment he
was sent out on by the temporary help service. HELD: Because the claimant
was separated when he failed to report for reassignment after completion of a
temporary job, his separation was voluntary and without good cause connected
with the work. Disqualification under Section 207.045.
In Appeal No. 263-CA-68, the claimant, also an employee of a temporary
help service, completed a job assignment on a Friday and reported to the
employer on the following Monday for reassignment, at which time he
was advised that no other work was available. The claimant was not
offered any further work until after he filed his initial claim. The employer
required its employees to report back as soon as possible upon completion
of a job assignment and there was no evidence that there would
have been any work available had the claimant reported back on the intervening
Saturday. HELD: Since the claimant reported to the
employer subsequent to completing his last job assignment and since he
was not offered work until after he had filed his initial claim, his separation
was due to lack of work. No disqualification under Section 207.045
or Section 207.044.
Also see Appeal No. 300-CA-71 under VL 495.00 and cases under MC
450.55.
(The above temporary help service cases are cross-referenced under
MC 135.05.)