Suit claims 'calendar error' resulted in erroneous TWC ruling

GALVESTON - Carefree Boat Clubs of Texas LLC claims the Texas Workforce Commission wrongfully issued a ruling against it, recent court documents say.

According to a lawsuit filed Sept. 21 in Galveston County District Court, the plaintiff was the target of a wage claim filed by League City local Jerry LeBlanc Jr. which TWC approved.

The plaintiff shows a scheduling mishap caused it to appear at one of the hearings on the wrong day therefore enabling the agency to give an adverse determination it "was unwilling to reverse."

LeBlanc is also a respondent in the case.

Carefree Boat Clubs and LeBlanc purportedly entered into an agreement calling for the plaintiff to allot him a percentage of memberships sold.

LeBlanc determined the dates, location and the scope of his work.

Court papers state he provided the complainant services for less than four months in 2011, from Feb. 1 to May 20.

Their working relationship then ended, and LeBlanc sought TWC assistance.

Carefree Boat Clubs attempted to formally refute the claim that LeBlanc was an employee to no avail.

Additionally, the TWC mistakenly calculated its wages due to LeBlanc, the original petition says.

The plaintiff consequently seeks a ruling that "LeBlanc is due nothing."

Attorney Katherine T. Mize with Mize, Minces & Clark P.C. in Houston is representing Carefree Boat Clubs, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 12-cv-2072