Introduction

The Texas Workforce Commission Appeals Policy and Precedent Manual has been adopted for use by Agency staff as a reference to precedent-establishing decisions of the Commission and the courts. The precedents it contains represent the interpretations of the Commission that, until specifically revised by the Commission or the courts, should be applied by Agency staff in similar cases. The Commission is confident that careful and exhaustive use of the manual will result in better and more uniform decisions at all levels of the Texas Workforce Commission administrative claim and appeal process.

It should be noted that many of the precedent cases were decided over the dissent of a Commissioner, and therefore not every precedent represents the unanimous view of the Commission. By voting for the adoption of this Precedent Manual, no Commissioner waives a previously expressed opinion or objection, as reflected by the decision in any given case.

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Precedent Decisions

In order to promote consistency of appeal decisions, the Commission occasionally votes to adopt a decision in a particular appeal as a “precedent decision.” The relevant facts and holding of that decision are then published in the Appeals Policy and Precedent Manual. The manual chapters are linked in the next section, Chapters by Topic.

The manual also lists many published decisions from state and federal courts that govern the administration of the unemployment compensation appeals process.

Claimants and employers at any stage of the unemployment process may benefit from researching the Appeals Policy and Precedent Manual.

A case adopted as a precedent in the manual may be cited to decision-makers, Appeal Tribunal Hearing Officers, and the Commission as a governing precedent in your case.

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Manual Table of Contents

Chapter Description

Able and AvailablePDF

Details precedents on eligibility for unemployment benefits based on ability and availability for work.
ChargebackPDF Details precedents on chargebacks to employers' unemployment tax accounts with TWC.
Labor DisputePDF Details claims eligibility for unemployment compensation involving an organized labor dispute.
MiscellaneousPDF Contains miscellaneous commission precedents which do not generally fall under any of the other chapter headings.
MisconductPDF Details precedents on claimants' eligibility for unemployment benefits in cases involving an allegation of employee misconduct.
ProcedurePDF Details precedents involving procedural issues related to the administration of unemployment benefits and claim determinations.
Suitable WorkPDF Details precedents on claimants' eligibility for unemployment benefits following a work refusal or failure to seek work.
Total and Partial UnemploymentPDF Details precedents in which eligibility for unemployment benefits is dependent on whether the employee is deemed totally or partially unemployed.
Voluntary LeavingPDF Details precedents on eligibility for unemployment benefits when there is an allegation that an employee voluntarily left available work.
AppendixPDF The appendix lists court cases interpreting various sections of the Texas Unemployment Compensation Act (TUCA), listed in alphabetical order as well as according to sections of the Act.

 

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Updates to the Manual

The Updates to the Appeals Policy & Precedent Manual include both additions and deletions made to the manual since 1999. The published precedents provide insight into the Commission’s interpretation of various provisions of the Texas Unemployment Compensation Act.

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