No. 20-194

Franklin Cox v. Texas Workforce Commission, et al.

Lower Court: Texas
Docketed: 2020-08-19
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: duty-to-defend employment-law substantial-evidence-rule tax-audit unemployment-insurance vicarious-liability
Latest Conference: 2020-12-11 (distributed 2 times)
Question Presented (from Petition)

1. Will the employee have a duty to defend employer tax audit for unemployment joined as employer in the above reference cause?

2. Under Tex. Lab. Code 207.044 Misconduct neglect that jeopardizes the life or property of another does the legal standard- vicarious liability- an employer can be held liable for its employee degree of careless as to evidence a disregard of the consequence, an whether manifested through action or inaction apply in the above reference cause?

3. How can the substantial evidence rule be properly applied when no date in the record that misconduct occurred on to satisfy the first prongs of misconduct and second prongs discharge close in time to termination?

4. Did supervisor cause employee to abandoned job assignment, refusal of job assignment, or delay performance of job assignment?

5. Within the scope of employer 's business or related to employer 's equipment what confidential and proprietary information was disclosed to employee including training on a task -task basis for assignment?

6.1s Affirmative Defense of Imprartirahility or Impossibility of Performance with summary evidence sufficient to raise an issue of fact on each element to preclude summary judgment is applicable to above reference cause?

Question Presented (AI Summary)

Whether the employee has a duty to defend the employer in a tax audit for unemployment, joined as an employer in the above referenced cause

Docket Entries

2020-12-14
Rehearing DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-10
Petition for Rehearing filed.
2020-10-19
Petition DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-09-18
Waiver of right of respondent Lincoln Technical to respond filed.
2020-03-02
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

Franklin Cox
Franklin Cox — Petitioner
Lincoln Technical
Victor Navasca CorpuzJackson Lewis P.C., Respondent