I Need to file for de novo review

[oh1Daveabc]

What is the name of your state (only U.S. law)? Texas
I have exhausted the appeal processes with the TWC. The only alternative left is to File de novo to get a hearing in court. I was fired for refusing to commit illegal acts. The charges were trumped up and false. I realy would like to get a hearing where all the facts could be presented but I do not know how to file for a hearing in a county court.I only drew unemployment for three months before I found another job. Can anyone help? I do not want to spend more on a lawyer than the amount in question.

Thanks

 

[mlane58]

Go down to the court house and ask.

After the Commission decision has become final, the losing party may file a court appeal within 14 calendar days. Since the Commission decision does not become final until 14 calendar days have passed from the date it is mailed, the court appeal period is between the 15th and 28th calendar days following the mailing of the last Commission decision. Since the standard of review is that of the "substantial evidence rule", there is no right to a jury trial in an unemployment compensation case. However, because the law provides for a trial de novo, the parties may put on their entire cases again for the judge. The judge makes no formal findings of fact, but rather decides as a matter of law whether substantial evidence exists to uphold the TWC ruling. The court's decision may be further appealed as in any other civil case.

 

[swalsh411]

For what exact reason(s) did the TWC deny benefits? You may first want to evaluate if this dog will hunt.

 

[oh1Daveabc]

Need to File de novo review

The TWC in their first reversal stated that I was fired for cause-"sleeping on the job". This was not the case. I was taking one of three 15 min. breaks in the union contract. My eyes were closed but I was not asleep. I was able to recite all radio traffic that was transmitted for the 15 min. I was in the building. The hearing was very biased towards the employer who had two lawyers on the line.
The area Forman had it in for me because I refused to collect $100 from each of the four people that worked for me and hand it over to him every month. In addition he tried to get me to put myself down for overtime that I had not worked and hand that over to him. I would like to stress that I had worked at this facility for 19 1/2 years with no disciplinary action ever taken against me. I know of at least 6 other people whom were caught really asleep with radios turned off and none were ever suspended much less fired. A lot of information came out after the hearing but I think the TWC is so afraid to countermand anyone there that I had no chance of getting the reversal.

Thanks for the intrest

 

[mlane58]

First, TWC isn't afraid to do anything, they will do what the evidence shows them. Now if you haven't provided any documentation or solid testomony to disprove the employer, then TWC has to make a decision on who is more crediable. Forget about the 6 other employees who were not terminated as their situation doesn't have anything to do with your termination. Unless you have something solid to disprove the employer, then I suggest you just look for another job.

 

[oh1Daveabc]

I need to apply for a de novo Review

Thanks for your frankness. The terminaton happened in Nov. 2009. I have been working for another employer since Feb. 2010. Again I feel I was terminated on trumped up charges with no warning. No progressive action ect.. I did ccontact the County Court House per your suggstion and now have a better understanding of the process. They have a law libary there that has examples of the forms that need to be filed. I want to thank you for your explanation that I must first wait 14 days before filing the papers. I had missed that.

Thanks Again

 

[swalsh411]

Forget about the 6 other employees who were not terminated as their situation doesn't have anything to do with your termination.

Maaaaaybe not if the OP can show the employer punished him far more severely than others for the same infraction. Inconsistant enforement of a work rule can be grounds against a charge of misconduct. Having said that, sleeping on the job is egregious on it's face.

 

[mlane58]

Maaaaaybe not if the OP can show the employer punished him far more severely than others for the same infraction. Inconsistant enforement of a work rule can be grounds against a charge of misconduct. Having said that, sleeping on the job is egregious on it's face.

I disagree. First off the OP will have to prove that. Secondly, the 6 others infractions have nothing to do with why the OP was termed. I have been down this road, I can't tell you how many times and TWC and other states look at it very much the same way.