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Hey everyone, I'm in a bit of a pickle here. My unemployment case was under appeal for 6 weeks, and it just got overturned. Now I'm trying to figure out how to request payment for that time. Has anyone been through this before? Any advice on how to navigate this process or what to expect?
I've got an overpayment hearing next week with TWC about my severance package from 2020, and I'm freaking out! They're saying I owe $4000 back, but I honestly did EVERYTHING by the book. My company laid me off and gave me a severance package based on years of service. I called TWC before I even filed to ask about how to handle the severance, and the agent specifically told me to file and report the severance payments when I received them. I reported EVERY SINGLE PAYMENT on my payment requests. I have copies of all my payment request confirmations showing I disclosed the severance. Now, 5 years later, they're saying I wasn't eligible during that period and want all that money back! Didn't the state of Texas pass something saying they couldn't come after people for overpayments when it was their mistake and not fraud? Has anyone won an appeal hearing for something similar? What documentation should I bring? I'm so stressed because I can't afford to pay this back, and I feel like I'm being punished when I followed their instructions!
Based on your update about the determination reason, you're in a good position! Section 207.049(1) deals with disqualification for receipt of wages. Texas case law has established that severance based on length of service is NOT considered wages for the weeks paid but rather recognition of past service. Bring a copy of your severance agreement showing the calculation was based on years worked. You should be able to win this if you can demonstrate it was truly a service-based package. Good luck with your hearing!
I just went through a similar overpayment hearing last month and actually won! Here's what really made the difference in my case: I brought a detailed timeline showing EXACTLY when I called TWC, what I was told, and how I followed their instructions. Even though I didn't have the agent's name or ID number, I had my phone records showing the date/time of the calls and my payment confirmations showing I reported everything immediately after those calls. The hearing officer said the pattern of disclosure was clear evidence I was acting in good faith. Also, make sure you emphasize that you're seeking relief under the "agency error" provisions - if TWC gave you incorrect guidance, you shouldn't be penalized for following it. Don't let them intimidate you into thinking this is about whether you "should have known better" - it's about whether you acted reasonably based on the information you were given. You've got this!
So I've been at this job for 6 months and I'm at my breaking point. When I was hired, they CLEARLY told me I'd get a full benefits package (health insurance, PTO, etc.) after my 3-month probation period. Well, 3 months came and went with nothing. No mention of benefits, no paperwork, nothing. I kept asking my supervisor about it, but kept getting the runaround. Now at 6 months they finally admitted they're 'restructuring' the benefits program and I won't be eligible until I hit my 1-year mark! This feels like a bait and switch. I took this job specifically because of those promised benefits (I have some health issues I need coverage for). I'm wondering if this qualifies as good cause to quit for Texas unemployment? Anyone dealt with something similar? Would TWC consider this employer misconduct or am I just out of luck if I leave?
UPDATE: So I followed everyone's advice and sent a formal email to HR outlining the situation, specifically using the wording about "substantial change in hiring agreement" and explaining my medical needs. To my surprise, they responded within 2 days! Apparently there was some miscommunication between departments. They're now saying I can be enrolled in benefits next month (still later than promised, but better than waiting a full year). I'm still considering my options since I've lost trust in this company, but I wanted to thank everyone for the advice. I'll keep all this documentation either way. If I do end up needing to quit and file for unemployment, I'll definitely use the Claimyr service to get through to someone at TWC based on the recommendations here.
That's a positive development! Having this response from them actually strengthens your position either way. If you stay, you get benefits sooner than their revised timeline. If you still decide to leave, you now have written acknowledgment that they failed to provide what was initially promised. One additional suggestion: If you do decide to stay, get the new benefits timeline in writing from HR, and follow up immediately if they miss that deadline too.
Glad to hear you got a positive response from HR! That formal email approach really works. Just want to add one more thing based on my experience - even though they're offering benefits next month, I'd recommend getting the exact effective date and coverage details in writing before you make your final decision. Sometimes "next month" can turn into "sometime next month" or "pending approval processes." Also, if you do decide to stay, consider this a lesson learned about this employer's communication style. You might want to start building a backup plan (updating your resume, networking, etc.) just in case other promises don't pan out. Trust is hard to rebuild once it's broken, especially when it comes to something as important as health benefits. Good luck with whatever you decide!
I won my TWC appeal against my former employer about 6 months ago but my benefits have now expired. The thing is, I'm STILL unable to get rehired there even though the appeal ruled in my favor (they claimed misconduct but appeal judge disagreed). I'm desperate to get back to work but living in hotels right now and running out of options. TWC says I could get weekly benefits again but honestly I'd rather have my job back! Has anyone dealt with an expired appeal situation? Can I reopen a case or file something new to force them to rehire me? This whole situation is wearing me down...
Based on your comments about having worked some small jobs since your last claim, I'd recommend filing a new initial claim immediately. Bring all documentation of those jobs - even if they were short-term. TWC will calculate if you've earned enough in your base period to qualify. Regarding your housing situation, contact your county's Health and Human Services department. Many counties have emergency housing assistance, especially if you're actively looking for work. As for your former employer, while they don't have to rehire you, if you believe their refusal is based on retaliation for filing unemployment or based on a protected characteristic (race, gender, age, disability, etc.), you might have grounds for a discrimination complaint. The Texas Workforce Commission's Civil Rights Division handles these types of complaints.
I went through something similar last year and it's really tough. One thing that helped me was applying for emergency rental assistance through 211 (just dial 2-1-1). They connected me with local programs that could help with hotel costs while I got back on my feet. Also, when you file that new claim, make sure to mention you're experiencing homelessness - TWC sometimes has expedited processing for people in crisis situations. Don't give up! It took me about 2 months to get everything sorted out but I eventually found something better than my old job anyway. Hang in there and keep us posted on how the new claim goes!
So i finally won my TWC appeal after getting fired from my job of 5 years for something that wasn't even my fault!!! Its been a stressful 3 months but at least TWC sided with me in the end. But now im worried about future jobs... if a potential employer does a background check or calls my old job, will they be able to see that i was fired? Or does winning the TWC appeal somehow "clean" my record? Does TWC notify my old employer that they cant tell future employers i was fired unfairly? Just started applying for jobs again and getting paranoid about this affecting my chances.
One more practical tip: prepare and practice a brief, professional explanation of the situation for interviews. Something like:
I went through something similar last year and it was stressful not knowing what employers might find out! Here's what I discovered after doing some research: Most employers can't access TWC appeal decisions directly - those records are between you and TWC. However, your former employer can still share that you were terminated if asked directly. The good news is that many companies have policies limiting what they'll say to avoid legal issues. A few things that helped me: - I proactively addressed it in interviews by saying I was terminated but successfully appealed and received unemployment benefits, which showed the termination wasn't for misconduct - I lined up strong references from former colleagues who could speak to my work quality - I researched each company's reference checking practices beforehand The TWC appeal victory definitely helps your case if the topic comes up because it shows an independent agency reviewed the facts and sided with you. Don't let this discourage you from applying - focus on highlighting your skills and experience!
Sean Doyle
Pro tip: if you cant get through on the phone, try calling right when they open. I usually have better luck then!
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Adrian Hughes
I went through this exact same situation last year! After my appeal was overturned, I had to be pretty proactive about getting my backpay. Here's what worked for me: I called the TWC customer service line first thing Monday morning (like literally at 8:00 AM sharp) and explained that my appeal was successful and I needed my backpay processed. The rep was able to see my case immediately and processed the 6 weeks within about 10 business days. One thing that really helped was having my appeal decision letter ready with the case number. Also, don't be afraid to ask for a supervisor if the first person you talk to seems unsure about the process. Some reps are more experienced with appeal backpay than others. Hang in there - you'll get your money! ๐ช
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