Appeals Policy and Precedent Manual - Texas Workforce Commission

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APPEALS POLICY AND PRECEDENT MANUAL VOLUNTARY LEAVING Tex 10-01-96 VL HEALTH OR PHYSICAL CONDITION VL 235.25 - 235.40 Appeal No. 256-CF-77 (con’t) was able to do. He declined the promotion, preferring to remain as a mail handler, performing that part of such work of which he was capable. He was therefore terminated. HELD: Since the claimant refused a reasonable transfer, which constituted a promotion, to the only work which was then able to perform, the claimant thereby effectively voluntarily left his work without good cause connected with the work. Disqualification under Section 207.045. Appeal No. 2200-CA-76. The claimant was replaced by another person while she was off work, with notice, due to illness. The claimant filed her initial claim without having applied for reinstatement because she had been told by the employer that she had already been replaced. HELD: The claimant did not quit but was discharged and for reasons other than misconduct connected with the work. The case was distinguished from a case in which a claimant, without having been told that he has been replaced, files an initial claim after being medically released as able to work but without having applied for reinstatement with his former employer. No disqualification under Section 207.045 or Section 207.044. Also see Appeal No. 2726-CA-77 in this subsection and Appeal No. 3595-CA-75 under VL 135.10. 235.40 HEALTH OR PHYSICAL CONDITION: PREGNANCY. WHERE CLAIMANT LEFT WORK BECAUSE SHE WAS PREG- NANT, OR BECAUSE OF AN EMPLOYER'S RULE AGAINST EM- PLOYING PREGNANT WOMEN. Appeal No. 87-11216-10-070287. The claimant declined a job assignment from her employer, a temporary agency, because it required long periods of standing which her doctor had advised her against because she was pregnant. The claimant told the employer that she could not stand but did not tell the employer that this was her doctor's advice. The employer did not contact the
APPEALS POLICY AND PRECEDENT MANUAL VOLUNTARY LEAVING Tex 10-01-96 VL HEALTH OR PHYSICAL CONDITION VL 235.40 - 235.45 Appeal No. 87-11216-10-070287 (con’t) claimant again. HELD: The claimant quit without work-connected good cause because she neglected to tell the employer of her doctor's advice, thus depriving the employer of an opportunity to find her suitable work. Disqualification under Section 207.045. (Crossreferenced under VL 135.05.) TEC vs. Gulf States Utilities, 410 S.W. 2nd (Texas Civ. Appeals 1967, writ denied, n.r.e.). A claimant who leaves her job as required by company policy, upon reaching the fifth month of pregnancy, does not leave her work voluntarily. The court held that, had her separation been held to be voluntary because she had agreed long before separation to resign upon reaching the fifth month of pregnancy, the provisions of Section 207.071(a) of the Texas Unemployment Compensation Act would void such an agreement since it provides that an individual cannot contract away or otherwise waive his right to unemployment insurance. Appeal No. 1206-CA-74. The Commission has consistently held that, when a claimant is separated from his last work due to illness or disability and the claimant kept his employer properly informed of his condition, the separation is not voluntary. Therefore, no disqualification is imposed under Section 207.045 of the Act. No different treatment can be given a claimant simply because her physical inability to work is due to pregnancy. 235.45 HEALTH OR PHYSICAL CONDITION: RISK OF ILLNESS OR INJURY. CONSIDERS THE EFFECT OF LEAVING WORK BECAUSE OF FEAR OF ILLNESS OR INJURY. Appeal No. 87-16605-10-091687. The claimant, a dental assistant at a state prison, performed work requiring physical contact with inmates exposed or possibly exposed to the AIDS virus. Dental instruments often pierced the claimant's rubber gloves, causing her to bleed. The claimant's psychiatrist advised the claimant to quit her job because of her understandable fear of contracting the AIDS
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