Woman claims workforce agency failed to provide proper evidence

John Suayan, Galveston Bureau Feb. 23, 2011, 12:00pm

GALVESTON - After the Texas Workforce Commission discontinued her unemployment benefits allegedly without admitting proper documentation into its hearing, Crystal Beach resident Darlene Nelsen is suing the state agency.

Nelsen insists she left her part-time restaurant job because it interfered with the defendant's job availability requirement for obtaining full-time work, but the agency moved to stop compensation, a lawsuit filed Feb. 18 in Galveston County District Court says.

The plaintiff started receiving $406 weekly in unemployment benefits after she lost her job as an accounting professional with the University of Texas Medical Branch in Galveston. She found work as a hostess on weekends to supplement her job search.

Nelsen gave notice of her leaving the restaurant, but TWC ruled against her, the suit says.

According to the original petition: "The plaintiff appealed the denial, realizing the agency mistakenly had not admitted properly submitted documents of evidence into its hearing, thus causing their initial decision to be made using partial evidence, and causing the wrongful appearance of the plaintiff leaving work without good cause, when in fact there existed lawful clause."

The complainant shows her appeal for a rehearing in December 2010 was denied, claiming she "is now unable to get the decision reversed due to another agency rule, which allows her no further appeal rights with them."

Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 11-cv-0292

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