Hernandez v. Texas Workforce Commission – Case Brief Summary (Texas)

In Hernandez v. Texas Workforce Commission, 18 S.W.3d 678, 682 (Tex. App.--San Antonio 2000, no pet.), Hernandez made long distance phone calls. Id.

When he was confronted by his employer, he initially denied making the phone calls. Id.

TWC found that Hernandez's denial that he made the phone calls was misconduct, but did not find that making the phone calls was misconduct. Id.

Thus, the reviewing court had to determine whether there was substantial evidence that Hernandez was terminated because of his denial that he made long distance phone calls. Id. at 683.

Hernandez simply stands for the proposition that "the reason the individual was discharged must amount to misconduct, not that the individual was discharged and, at some time while he was employed, he engaged in misconduct." Id. at 682-83.