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SOUTHEAST TEXAS RECORD

Friday, May 3, 2024

Texas Workforce Commission, Toshiba have summary judgment win affirmed on appeal

State Court

HOUSTON – A man seeking a review of his denied claim for unemployment benefits found no luck at the Ninth Court of Appeals.

Plaintiff George Garcia worked as a production technician at Toshiba from March 2013 until he resigned in April 2017. Garcia, who was unhappy with his working conditions, resigned for personal reasons unrelated to his job. 

Thereafter, Garcia filed a claim for unemployment benefits with the Texas Workforce Commission, asserting he quit because he couldn’t keep up with the physical labor and extended workdays. He later added that he resigned because Toshiba was storing strong chemicals near his station.

TWC found Garcia resigned for personal reasons and denied his claim for unemployment, court records show.

In October 2017, Garcia sought judicial review of TWC’s decision. Ninth months later, Toshiba and TWC moved for summary judgment, which the trial court granted.

Garcia appealed and on Sept. 30 the Ninth Court found his arguments lack merit, affirming the lower court’s judgment.

Appeals case No. 09-18-00375-CV

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