Texas Unemployment

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I had the exact same thing happen only it was a different type of check that i failed. company told me that was why but then told TWC i was habitually late. totally false! what i learned in my appeal is that u need to focus on proving what they told u directly not why u failed the check. the twc judge person asked me specifically what my manager said the day i was fired. word for word. my manager didnt show up to the hearing and i won by default

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That's interesting! I'll definitely focus on what my manager specifically said when terminating me. I have pretty clear documentation with timestamps that should help. Did your former employer have to pay back the benefits after you won?

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To answer your question about employer payments - employers don't directly pay back benefits to TWC after losing an appeal. They pay unemployment taxes, and their tax rate can increase based on benefits charged to their account. This is likely why some employers contest claims or misrepresent termination reasons. For your appeal, focus on these key points: 1. You were meeting performance standards (bring performance reviews if available) 2. The EQIP check was beyond your control 3. Your termination was solely due to the background check, not performance 4. You have documentation proving the real reason Remember to maintain a professional tone during the hearing, even if your former employer makes false statements.

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Thank you for the detailed explanation! This clears up a lot of my confusion about how the process works. I actually do have my last performance review from 2 months before termination where I received a 'meets expectations' rating. I'll definitely bring that to the hearing as well.

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Wait has he had ANY job since getting let go last year? Even part time work? Because if he got a new job and then lost THAT job within the last year, he could possibly file based on the newer job loss!

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He did some handyman work for cash over the summer but nothing with actual payroll. I don't think that would count, would it?

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Unfortunately, cash work wouldn't establish a new base period since those wages weren't reported to TWC through an employer's quarterly wage reports. Only W-2 employment or properly reported 1099 work (where the employer paid unemployment taxes) would qualify for establishing a new claim.

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Sorry to hear about your father in law's situation. My neighbor went thru something similar last year. The missed benefits hurt but the silver lining was that WorkForce Solutions helped him with his resume and he found a better job than his old one within 2 months!

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That's encouraging to hear! I think he's been feeling too old to start something new, but maybe with some support he'll feel differently.

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i had a regular ui appeal not dua but just wanted to say GOOD LUCK!! let us know how it goes!!!

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Thanks for the support! I'll definitely update tomorrow after it's over. Fingers crossed!

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UPDATE: Had my hearing this morning and it went way better than expected! The hearing officer was professional but not intimidating at all. Asked me to explain my situation, then asked specific questions about the job offer. The whole thing took about 30 minutes. I explained that I had the wage agreement verbally and presented my email confirming the start date. They said they'll mail the decision in 7-10 days. Thanks everyone for your advice and support - it really helped calm my nerves!

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Great to hear it went smoothly! The 7-10 day timeline is accurate in my experience. If approved, you'll typically see the determination in your TWC account online before you get the letter. Make sure you keep up with any work search requirements while waiting for the decision. Fingers crossed for a positive outcome!

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my cousin works at twc (not a claims person just admin) and she says they're SUPER backed up right now with all these disaster claims from that storm last month. might be part of why ur stuff is messed up, they're entering things manually and making mistakes

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That makes sense... I'm in one of the counties that got hit by that storm. Maybe that's why they created a disaster claim for me automatically.

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Just to clarify for everyone - under current TWC rules, you cannot receive both regular unemployment and disaster unemployment benefits simultaneously. When a disaster declaration affects your area, the system may automatically create a disaster claim, but a determination should be made about which program is appropriate for your situation. I'd recommend doing the following: 1. Continue requesting payment on whichever claim type you can access (if any) 2. Document all communications with TWC 3. Keep records of all work search activities 4. Contact a claims specialist who can review both claims 5. Ask them specifically which claim type you should be on and have them close the other one 6. Get them to remove any redundant ID verification requirements This needs to be fixed properly to avoid future overpayment issues.

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Thank you for this clear step-by-step advice. I'll follow these steps exactly. I've been keeping track of my work search activities thankfully, so I have that documentation at least.

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u gonna get less $ than u think just warning u now lol

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Update: I applied yesterday and listed both income sources. The online system was confusing but I managed to get through it. Now my claim status says "under review" and mentions something about determining my "base period wages" - whatever that means. Guess I'll be making some phone calls to figure out what's next. Thanks for all the advice everyone!

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Base period" wages refers to how they calculate your benefit amount - they look at your earnings over the first four of the last five completed calendar quarters. This is why documentation is so important. Since'we re in Q2 of 2025 now,'they ll look at your income from January-December 2024. "The under" review status is normal while they verify both incomesources.

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