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Kroesche v. Texas Workforce Commission

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

August 22, 2019

MARTIN KROESCHE, Appellant,
v.
TEXAS WORKFORCE COMMISSION AND WASSAR LOGISTICS HOLDINGS, Appellees.

          On appeal from the 156th District Court of Aransas County, Texas.

          Before Justices Benavides, Hinojosa, and Perkes

          MEMORANDUM OPINION

          GINA M. BENAVIDES, JUSTICE

         By three issues, which we address as one, appellant Martin Kroesche argues the trial court erred by granting appellees Texas Workforce Commission (TWC) and Wassar Logistics Holdings, LLC (Wassar)'s motion for summary judgment. Kroesche alleges (1) that he proved that Wassar had a written policy providing for payment for unused time off; (2) there was no summary judgment evidence that any conflicting version of Wassar's written policy was submitted at the TWC hearing; and (3) the Texas Administration Code requires payment of Kroesche's paid time off (PTO) because Wassar's written policy provides for such payment. We affirm.

         I. Background

         Wassar employed Kroesche as its president from January 2016 to July 19, 2016, when his employment was terminated. Kroesche previously worked for Flo-Trend Systems (Flo-Trend), until it was acquired by Wassar. On February 1, 2016, Kroesche entered into an employment agreement with Wassar that stated:

4. Other Benefits. During the Term of Employment, the Company shall provide Employee the following benefits, which can be modified at any time, in the Company's sole discretion:
(a) Vacation. Employee shall be entitled to 3 weeks of vacation for each calendar year during the Term of Employment, prorated for any partial years during the Term of Employment, in accordance with the Company's vacation policy. Vacation shall be used by Employee at Employee's reasonable discretion, but shall not be carried over from year to year.
Following the employment agreement, a letter dated March 16, 2016, was sent to all Flo-Trend employees, which contained the following:
Vacation and Sick Pay: We have established guideline [sic] for vacation and sick pay. You are entitled to; [sic]
• One full week pay after the first year of employment.
• Two full weeks after 3 years of employment.
• After first year, 3 days per year for personal time off ...

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