X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:The city of Houston appeals the judgment of the trial court affirming the decision of the Texas Workforce Commission that Glinda Martin was not disqualified for benefits and awarding benefits to Martin. Martin was employed by the city as a cashier at the Hobby Airport parking lot toll booth from December 1995 to Jan. 28, 2000. The city decided to privatize the Parking Management Division, and, in correspondence dated Jan. 12, 2000, informed the division’s employees that their positions had been eliminated, that they were identified for layoff, and that their last day of employment with the city would be Friday, Jan. 28, 2000. The letter stated that the employees would receive assistance in investigating transfer possibilities with the city, would be placed on a reemployment list for one year, and would receive out-placement assistance. The city negotiated with the new parking management company to ensure that the company would hire the city’s laid-off employees at the same wages paid by the city, with the same work schedules, and with similar benefits. The employees were informed of this opportunity. Martin told Dolores Rodgers, the city’s assistant director of aviation for the human resources division, that she wanted to continue her employment with the city. Martin applied for approximately seven jobs, but was not hired. Martin did not want to take the job with the new parking management company because she was concerned that the cost of health insurance was higher, and she had a son who had health problems. When Martin had not found another city job by Jan. 28, she told Rodgers to lay her off. Martin applied for unemployment compensation, and TWC determined that she was eligible. The city appealed that determination, and the Appeal Tribunal reversed the decision, ruling that Martin was disqualified under �207.045 of the Workers Compensation Act. Martin appealed to the full commission, which reversed the Appeal Tribunal and awarded benefits to Martin. The city sought judicial review of TWC’s decision, and the trial court affirmed the decision. The city brings this appeal, contending that the district court incorrectly concluded that TWC’s decision was supported by substantial evidence and that Martin left her last work voluntarily. HOLDING:Affirmed. TWC argues that, under �207.045, an individual is disqualified for benefits if the individual left his or her last work voluntarily without good cause connected with the work. Texas Labor Code �207.045(a). Martin’s last work was with the city. The city eliminated her position through privatization. Therefore, Martin did not voluntarily leave her last work and was not disqualified for benefits under �207.045. The Jan. 12, 2000, letter from the city to Martin is evidence that Martin’s position was eliminated and that Martin was scheduled for layoff on Jan. 28, 2000. The testimony of Richard Newton, manager of work force effectiveness for the Houston Airport System, confirmed that Martin’s position was eliminated. Martin testified that she filled out applications for several city jobs, but was never granted any interviews. We hold that there was substantial evidence to support the commission’s decision granting benefits to Martin. OPINION:Nuchia, J.; Hedges, C.J., Nuchia and Higley, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.