Discharge for Inappropriate Conduct–Texas Unemployment Compensation Law Cases–Employment Law

Appeal No. 3366-CA-75. A claimant who was
fired for calling a supervisor a vulgar name in
response to the supervisor having done the same
was not fired for misconduct.

Appeal No. 3697-AT-69. (Affirmed by 405-CA-69).
Using profanity toward a coworker in response
to provocative questions about the claimant’s
personal life was misconduct, since the claimant
could easily have asked a supervisor to address
the problem.

Appeal No. 243-CA-76. Disqualification cannot
be based on an act of misconduct that occurred
three months prior to the claimant’s termination,
because it was too remote in time from the
discharge to have been the real reason for the

TEC v. Hughes Drilling Fluids, 746 S.W.2d
796 (Tex. Civ. App.–Tyler 1988, writ granted),

The Court of Appeals held that an “at-will” employee
who continued to work for the employer after
being notified of a drug testing policy accepted
that policy as part of the terms and conditions of
employment. The policy was reasonable and the
claimant’s refusal to submit to a urine sample
amounted to misconduct.


Appeal No. 87-16061-10-091187. In response to
a supervisor’s explanation that the claimant had
not been singled out for a reprimand, the claimant
called the supervisor a liar. His insubordinate
behavior constituted disqualifying misconduct.

Appeal No. 4622-CA-76. The claimant was discharged
for having requested clarification of several
conflicting instructions which she had been
given by her supervisor within a short period of
time. The claimant’s action did not constitute a refusal
to obey her supervisor’s instructions and was
thus not misconduct connected with the work.


Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

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