Man seeks judicial review of workforce decision

John Suayan, Galveston Bureau Nov. 28, 2011, 9:37am

GALVESTON - Steve McCrory is asking a local state district judge to conduct a de novo judicial review of the Texas Workforce Commission's recent decision regarding the disbursement of a former employee's unemployment benefits.

McCrory's lawsuit, filed Nov. 17 in Galveston County District Court, targets TWC and Santa Fe resident Kristen M. Henderson, stating Henderson should not receive compensation because she chose to quit her job without good cause.

Henderson worked for the plaintiff as a customer service agent from March 2008 to June 24, recent court documents show.

She left her position without notice and subsequently filed a claim for unemployment benefits with TWC, reportedly informing the state agency she had been subjected to harassment by her supervisor.

According to the original petition, McCrory, doing business as McCrory & Associates, countered Henderson's allegations outlined in TWC's notice of application for employment benefits.

The commission then denied Henderson from receiving benefits, but the rejection was made subject to appeal.

Its appeal tribunal ruled in September to not award Henderson her unemployment compensation benefits.

Henderson, however, challenged the decision, which was overturned a couple of months later.

McCrory contends "there is not substantial evidence that any harassment occurred; that the employer was aware of the alleged prior conduct of the defendant's supervisor or that the plaintiff failed to take remedial action as found by TWC in its Nov. 1, 2011, decision."

He adds the body "has misconstrued the factual record" and "(its) decision ignores its own established precedent," insisting "the ruling is not reasonable; is arbitrary and capricious; and should be overturned."

Attorney Scott Douglas Cunningham of Houston is representing the plaintiff.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1833

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