Franklin Cox v. Texas Workforce Commission, et al.

QUESTION’S PRESENTED

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 lia­ bility- 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?

4. Within the scope of employer’s business or related to employer’s equipment what confide­ ntial and proprietary information was discl­ osed 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 judg­ ment is applicable to above reference cause? See Brownlee v. Brownlee, 665 S. W. 2d 111, 112 (Tex. 1984). -i-