Appeals Policy and Precedent Manual - Texas Workforce Commission

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Tex 10-01-96 APPEALS POLICY AND PRECEDENT MANUAL VOLUNTARY LEAVING VL DISCHARGE OR LEAVING VL 135.25 (3) Appeal No. 87-02149-10-021288. On October 1, the claimant gave the employer notice of her intent to resign at the end of December, to enter other employment. She was requested by the employer, and she agreed, to refrain from discussing with her co-workers her intention to resign. The employer discharged the claimant after learning that she had discussed her resignation with a co-worker. HELD: The claimant was discharged for work-connected misconduct because her betrayal of the employer's confidence and failure to abide by her agreement constituted a mismanagement of a position of employment. Appeal No. 87-2079-10-020988. The claimant, a truck driver, was notified on December 29 that December 31 would be his last day of work. He was to be laid off due to lack of work. The claimant became upset and left immediately. HELD: The Commission applied their policy providing that when a party is given notice within a two-week time frame (of impending separation), early acceptance by the party receiving such notice will not change the nature of the separation. The employer here gave the claimant two days' notice and the claimant's early acceptance did not change the involuntary nature of the separation. The employer had the burden of showing misconduct on the part of the claimant. As there was no misconduct alleged in this instance, no disqualification under Section 207.044.
APPEALS POLICY AND PRECEDENT MANUAL VOLUNTARY LEAVING Tex 10-01-96 VL DISCHARGE OR LEAVING VL 135.25 (4) Appeal No. 87-00697-10-011488. On November 2, the claimant gave notice of his intent to quit his job in March of the following year. He further advised the employer that, during that time period, he intended to work under a decreased workload and would train only one particular individual to replace him. The employer accepted his resignation effective immediately. HELD: Recently adopted Commission policy provides that where a party gives in excess of two weeks notice of separation and that notice is accepted immediately, the burden of persuasion will normally shift to the party accepting the notice early. As the employer accepted the claimant's notice early here, the separation will be considered a discharge. The burden of establishing that the claimant was discharged for work connected misconduct was found to have been met in that the claimant's actions of giving the employer an ultimatum that he would not perform to his usual standard during his notice period amounted to intentional malfeasance, thus constituting misconduct connected with the work on the claimant's part. Appeal No. 96-011165-10-092696. On or about July 1, 1996, the claimant submitted a written notice of resignation to the employer, informing them that he would be resigning effective August 4, 1996. He intended to go to work for another company at that time. On July 25, 1996, the employer hired a replacement for the claimant, and the claimant’s services were no longer needed as of that date. HELD: When the moving party gives more than two weeks notice of an impending separation, and a separation actually occurs within two weeks of the stated effective date of the notice, the original moving party retains the burden of persuasion to establish the nature of the separation as either a voluntary quit or a discharge. The claimant in the instant case retains the burden of persuasion to establish the nature of the separation. This claimant resigned to accept other employment, which is a resignation for personal reasons and not for good cause connected with the work. Appeal No. 87-00208-10-010488. The claimant was given two weeks' notice of impending termination by the manager who in the past had consistently and unfairly criticized him. The claimant left immediately because he was upset. HELD: The claimant was
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