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TEXAS WORKFORCE COMMISSION FINDS IN FAVOR OF ADAN BALLESTEROS:

APPEAL No: 98-027341-1-1-0498

"....The evidence does not support a finding this claimant was discharged for misconduct connected with the work as defined by the Texas Unemployment Compensation Act. No Disqualification is in order under section 207.044 of the Act. ...."

Texas Workforce Appeal Tribunal 04/17/1998

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Austin Chronicle Reports: "There's no clear evidence Ballesteros ever did anything wrong"

".... According to Ballesteros, when he was promoted to lieutenant at the Austin Narcotics Training Center in 1993, he was told by supervisors to fire a female assistant who had filed a sexual-harassment complaint against his predecessor. "Make her miserable," he says he was told. He refused and ran afoul of DPS's old-boy network.

Ballesteros sued DPS for unlawful termination but lost. Federal Magistrate Judge Robert Pitman ruled that Ballesteros had failed to demonstrate a causal connection between the alleged order to fire Wendy Raumaker in 1993 and his termination five years later. Still, there's no clear evidence that Ballesteros ever did anything wrong; in 1998, when the DPS appealed to the Texas Workforce Commission for permission to cease paying benefits to Ballesteros, the TWC rejected the appeal, noting that the DPS investigation was both belated and unpersuasive. ...."

Austin Chronicle February 22, 2008

by Jordan Smith

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