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TWC demanding repayment after I quit daycare job due to documented child abuse - can I appeal?

I'm in a horrible situation and desperately need advice. I was terminated from my main job in August and qualified for unemployment benefits shortly after. In September, I took a part-time position (10 hours weekly) at my daughter's daycare facility while continuing my job search. The pay was minimal so I remained eligible for partial unemployment and continued filing my payment requests. During my employment at the daycare, I witnessed multiple instances of child abuse, neglect, and unsanitary conditions that were absolutely shocking. I documented EVERYTHING - sent multiple emails and texts to the director about these issues, took photos of unsafe conditions, and eventually filed a formal complaint with Texas Child Care Licensing. Their investigation found numerous violations (I have copies of their reports). After enduring this for 2 months and seeing minimal improvements despite the state's involvement, I resigned in November and immediately withdrew my daughter from the facility. I continued receiving partial unemployment until my last payment request on December 11. Yesterday I received a determination letter from TWC stating I owe back nearly $4,100 in benefits received after quitting the daycare job! They're claiming I left without good cause connected with the work. This seems completely wrong to me. Isn't documented child abuse and unsafe conditions considered good cause for leaving employment? I have extensive evidence including the state licensing investigation results. Has anyone successfully appealed something like this? I'm panicking about this repayment amount and want to know if I have a chance with an appeal. What documentation should I include? Do I need to get statements from other parents who pulled their kids out for similar reasons?

Did anyone else read that new Austin daycare exposé article last week?? The conditions in some of these places are HORRIBLE and the state does almost nothing!! OP I totally believe your story and hope TWC does too!!

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Just wanted to add - make sure you request a telephonic hearing if possible. It's usually less stressful than appearing in person, and you can have all your documentation spread out in front of you during the call. When TWC schedules your hearing, they'll send instructions about how to submit evidence beforehand - follow those instructions EXACTLY and submit everything at least 3 business days before your hearing date. Also, after submitting your appeal, keep an eye on your mail. TWC will send a hearing notice with the date/time, usually 2-3 weeks after you file your appeal. If you miss your hearing, it's extremely difficult to get it rescheduled.

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Thank you for these tips! I've started organizing all my evidence chronologically. Should I also request my daughter's attendance records from the daycare to prove when I withdrew her, or is my resignation letter enough?

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If you can get those attendance records, definitely include them! The more documentation showing the timeline of events, the better. Also include any communications about withdrawing her that mention safety concerns as the reason.

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anybody know if u can still get benefits if u still do like a little bit of self employment work? i still get like one small job a month but not enough to live on

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Yes, you can still receive partial unemployment benefits while doing some self-employment work. You'll need to report any income you earn each time you request payment. TWC will deduct a portion of your earnings from your weekly benefit amount. Just be sure to accurately report all income - if you earn over a certain amount (around 25% more than your weekly benefit), you might not receive benefits for that week, but you'll still keep your claim active.

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Thank you all for the helpful advice! I just completed my application and found the self-employment option after clicking through a few screens. For anyone else in this situation: there's a specific question that asks if you were self-employed, and after selecting "Yes," it takes you to screens tailored for business owners. I entered my business name, used my home address since that was my business address, and made sure to clearly explain that the business closed due to economic conditions. Now I'm just waiting on the determination letter. I'll update once I hear back!

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Will do! I've started keeping track of my work search activities already. Is it still 3 per week for Texas? And do they have to be in the same field as my photography business, or can I apply for different types of jobs?

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Yes, Texas still requires 3 work search activities per week. They don't have to be in the same field as your photography business - you can apply for any suitable work that matches your skills and experience. Just be sure to log all activities in your TWC account. Each work search activity should include the employer name, contact information, position applied for, and application date. Save copies of job applications or email confirmations as proof in case TWC requests verification.

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I had same problem and fixed it by going to the TWC office in person! Waited about 2 hours but at least got it fixed same day instead of waiting forever on the phone

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That's a good tip! Which TWC office did you go to? Was it crowded? I might try that next time instead of dealing with the phone system.

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Just to add some helpful information for others: for seasonal school employees, TWC requires you to upload documentation showing your return-to-work date. This helps verify that you have "reasonable assurance" of returning after the break, which is required for eligibility. You'll want an official letter from your school stating your employment terms and specific return date. Also, remember that you still need to do the 3 work search activities each week, even though you have a job to return to. I've seen claims delayed because people think seasonal workers are exempt from work search - they're not!

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Thanks for this! I did upload my letter from HR showing my return date, but maybe that's what triggered the extra verification? And yes, I've been doing my work search activities every week (even though it seems silly when I already have a job to return to).

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So about that whole "using Spanish at work" thing - I'm really curious what happened there if you don't mind sharing. Was that seriously the reason they fired you and denied benefits? That sounds like potential discrimination depending on the circumstances, especially if non-Hispanic employees were specifically targeted for using Spanish while Hispanic employees weren't.

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Long story short: I worked at a call center, learned Spanish in college, and would occasionally help Spanish-speaking customers when our bilingual staff was busy. Management initially praised this but a new supervisor decided it was "misrepresentation" since I wasn't officially hired as bilingual staff. They claimed customers might be confused or misled about my cultural background. TWC sided with them saying I violated company policy even though no such policy existed until after I was fired. Not worth fighting anymore - that was last year's battle.

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Wow, that's ridiculous! Sounds like they were looking for an excuse. Sorry you went through that. Their loss for getting rid of someone with additional language skills willing to go above and beyond.

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UPDATE: I finally got through this morning! Called exactly at 7:00am and still waited 45 minutes, but eventually spoke with someone. For anyone else stuck in the "must call in" loop after a seasonal job: 1. They confirmed my account was flagged for manual review due to previous appeal history 2. I had to verify identity again through ID.me even though I did this last year 3. The agent manually created my new claim 4. She said I should receive my determination letter within 7-10 business days 5. I CAN start requesting payments next week even before determination (this was news to me!) Thanks everyone for your help! That silent hold is still absolutely maddening though.

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Yay!! So glad you got through! Did you use any special prompt or button combo to reach an actual person?

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Nothing special - just selected option 2 for existing claims then option 3 for speak to representative. The trick was definitely calling right when they opened at 7am. By 7:01 I was already in queue.

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To answer your follow-up question about timing: Once your son's claim is approved (which typically takes 2-3 weeks if there are no issues), he'll be able to request his first payment. He won't get paid for the first week (the waiting week), but he still needs to request payment for it. After that, he'll request payment every two weeks on his assigned day. The money usually arrives 2-3 business days after a successful payment request via direct deposit, or 5-7 days if he's using the TWC debit card. Regarding work search documentation, a spreadsheet is perfect! He should record: - Date of activity - Employer name/contact information - Type of work search activity (application, interview, networking, WorkInTexas.com activity, etc.) - Position applied for - Method of contact (online, in person, email) - Results/follow-up TWC doesn't audit everyone, but when they do, having organized records makes it much easier.

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This is super helpful - thank you! We'll set up that spreadsheet tonight. One last question - does he need to apply for a certain number of jobs per week, or do other activities like attending job fairs count toward the 3 required work searches?

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For your last question about what counts as work search activities - it's more than just job applications. Here's what TWC accepts as valid work search activities: - Submitting job applications/resumes - Attending job interviews - Creating a profile on WorkInTexas.com - Attending job fairs - Participating in job search seminars or workshops - Taking skills assessment tests - Registering with a staffing agency - Networking events related to job search He needs at least 3 of these activities each week. And regarding the wage investigation deadline - he should request it within 14 days of receiving his Statement of Benefits letter. Also, once he starts receiving benefits, he should set a reminder to request payment every two weeks. Missing a payment request can create real headaches!

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Thank you so much! This has been incredibly helpful. I think we both understand the process much better now. I'll help him set up calendar reminders for the payment requests so he doesn't miss any deadlines!

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