Substantial evidence exists to support unemployment benefits despite counter-evidence


McCrory  v. Henderson and Texas Workforce Commission, 14-12-00752-CV (Tex. App. – Houston [14th Dist.], September 19, 2013).

This is an appeal from the Texas Workforce Commission’s awarding of unemployment benefits.  Henderson (a female temporary employee) quit due to the alleged sexual harassment by her supervisor.  McCory asserted she did not give it the opportunity to remedy the situations and she too engaged in sexually suggestive conduct.  The Houston Court of Appeals held it did not disagree (double-negative) that evidence supported Henderson was suggestive, but evidence also supported sexually suggestive and harassing activity by her supervisor. Additionally, Henderson informed management of the problem but no action was taken and she felt compelled to resign. The court would not substitute its own judgment for the TWCs.  Substantial evidence supported the awarding of benefits so the judgment is affirmed.

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