Tex. Codes » Labor Code · TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT · SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT · CHAPTER 207. BENEFITS
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Tex. Lab. Code § 207.044 (2026)

Discharge For Misconduct

✓ laws through the 89th Legislature (2025)
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Sec. 207.044. DISCHARGE FOR MISCONDUCT. (a) An individual is disqualified for benefits if the individual was discharged for misconduct connected with the individual's last work.

(b) Disqualification under this section continues until the individual has returned to employment and:

(1) worked for six weeks; or

(2) earned wages equal to six times the individual's benefit amount.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 46 cases (5 in the last 5 years), 1994–2024 · leading case: Collingsworth Gen. Hosp. v. Hunnicutt, 988 S.W.2d 706 (Tex. 1998).
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Collingsworth Gen. Hosp. v. Hunnicutt, 988 S.W.2d 706 (Tex. 1998). · cites it 4× “" TEX. LAB.CODE § 207.044(a). Hunnicutt appealed that decision to an Employment Commission Appeal Tribunal.”
Blanchard v. Brazos Forest Prods., L.P., 353 S.W.3d 569 (Tex. App.—Fort Worth 2011). · cites it 2× “" Tex. Lab. Code Ann. § 207.044 (a). Labor code section 201.”
City of Houston v. Morris, 23 S.W.3d 505 (Tex. App.—Houston [1st Dist.] 2000). · cites it 2× “The TWC Appeal Tribunal concluded as follows: Although the evidence presented to this Tribunal clearly shows that the claimant [Morris] was in violation of the employer’s policies and that his actions were against the interests of the employer, the evidence shows that the…”
City of Houston v. Tippy, 991 S.W.2d 330 (Tex. App.—Houston [1st Dist.] 1999). “The Commission refers to the three gubernatorial appointees to the TWC. Tex.Lab.Code § 301.002. 4 .An individual is entitled to unemployment benefits unless the individual was discharged for misconduct connected with his last work.”
Edwards v. Texas Emp. Comm'n, 936 S.W.2d 462 (Tex. App.—Fort Worth 1997). “Tex. Lab. Code Ann. § 207.044 (a) (Vernon 1996).”
Elfer v. Texas Workforce Comm'n, 169 F. App'x 378 (5th Cir. 2006). · cites it 2× “5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir.”
David E. Kaup v. Texas Workforce Comm'n & Global Sec. Consulting, 456 S.W.3d 289 (Tex. App.—Houston [1st Dist.] 2014). “” Tex. Lab.Code Ann. § 207.044(a) (West 2006).”
Kellum v. Texas Workforce Comm'n, 188 S.W.3d 411 (Tex. App.—Dallas 2006). “See Tex. Lab.Code Ann. § 207.044 (Vernon 1996).”
Santillan v. Wal-Mart Stores, Inc., 203 S.W.3d 502 (Tex. App.—El Paso 2006). “Tex.Lab.Code Ann. § 207.044 (Vernon 2006); Kellum v.”
Murray v. Texas Workforce Comm'n, 337 S.W.3d 522 (Tex. App.—Dallas 2011). “See Tex. Lab.Code Ann. § 207.044 (West 2006).”
Texas Workforce Comm'n v. City of Houston, 274 S.W.3d 263 (Tex. App.—Houston [1st Dist.] 2008). “The term “misconduct” is defined as follows: “Misconduct” means mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a…”
City of Houston v. Martin, 125 S.W.3d 656 (Tex. App.—Houston [1st Dist.] 2004). · cites it 2× “See Tex. Lab.Code Ann. § 207.044 (Vernon 1999).”
Show all 46 citing cases →
Tex. Lab. Code § 207.044(a): 11 cases
Collingsworth Gen. Hosp. v. Hunnicutt, 988 S.W.2d 706 (Tex. 1998). “" TEX. LAB.CODE § 207.044(a). Hunnicutt appealed that decision to an Employment Commission Appeal Tribunal.”
Elfer v. Texas Workforce Comm'n, 169 F. App'x 378 (5th Cir. 2006). “5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir.”
David E. Kaup v. Texas Workforce Comm'n & Global Sec. Consulting, 456 S.W.3d 289 (Tex. App.—Houston [1st Dist.] 2014). “” Tex. Lab.Code Ann. § 207.044(a) (West 2006).”
Texas Workforce Comm'n v. City of Houston, 274 S.W.3d 263 (Tex. App.—Houston [1st Dist.] 2008). “The term “misconduct” is defined as follows: “Misconduct” means mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a…”
Hunnicutt v. Texas Emp. Comm'n, 949 S.W.2d 52 (Tex. App.—Amarillo 1997).
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