LONGHORN CAVE TOURS, INC.
P.O. Box 732
Burnet, TX 78611
512.756.4680
December 1, 2006
Appeal Tribunal
Texas Workforce Commission
101 E. 15th St.
Austin, TX 78778-0002
RE:
Floyd E. Swoap; SSN 456-74-6595
Account #0925974-8
We are appealing your decision to pay the above-reference former employee for the
following reasons:

Mr. Swoap voluntarily left work, without good cause, before an investigation
had been conducted regarding the circumstances of the incident in question.
At that time there had been no determination of misconduct.

10-21-06, Mr. Swoap left 23 people at the “boot print” area of the cavern.

Items of concern:
1. Mr. Swoap left before matter was fully resolved with customers
involved.
2. Mr. Swoap made no offer or attempt to rectify situation with customers
involved nor were any apologies directly made.
3. Mr. Swoap sent another guide to unlock gate and let customers out.

Manager on Duty (“MOD”) Pam Plant collected written accounts from
customers involved and issued refunds. Preliminary incident report was
faxed by MOD to: Inks Lake State Park Supervisor, Rick Meyers; Longhorn
Cave Tours president, Shawn Devaney; Longhorn Cave Tours, vice
president, Michelle Devaney; Longhorn Cave Tours, operations manager,
Kaye Barlow

10-22-06, employee was requested not to clock in by MOD until investigation
of incident on 10-21-06 complete. Addendum to original report submitted by
MOD.
Appeal Tribunal – TWC
Page 2
December 1, 2006

10-23 to 10-27, emails received and addresses of customers collected for
investigation of event on 10-21-06. Data collected and sent to K. Barlow, S.
Devaney and M. Devaney. Apology letter from president, S. Devaney sent to
customers. No ruling made regarding Mr. Swoap’s employment status at this
time.

11-8-06, received notice via USPS from Texas Workforce Commission
(“TWC”) that employee filed for unemployment. Employee stated he was
"fired" in application for unemployment. No action had been taken by
employer at the time of notification for application of unemployment benefits.
No communication from employee received since 10-22-06.

11-15-06, after investigation of incident on 10-21-06, employee was
terminated due to gross negligence in regard to customer care.

Addendum: Interview with TWC regarding employee on or about 11-16-06
Sincerely,
Michelle Devaney
Vice President
MD/cv