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Ask the community...

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I work as a paralegal and handle employment law cases, so I see TWC situations like this regularly. Based on what you've described - being fired for a single tardiness incident after 2+ years of good attendance, especially with documentation that you notified your employer about the car emergency - this should qualify you for benefits. Texas law requires "misconduct connected with work" to disqualify someone, and isolated incidents typically don't meet that standard. If your employer doesn't respond by Friday's deadline, the investigator will make their determination based solely on your statement and evidence. While there's no guarantee, non-responsive employers usually result in approvals when the claimant has good documentation like you do. Keep requesting payments and doing work searches while you wait - don't let anything lapse during this process. The fact that you have text proof of notifying your manager puts you in a strong position.

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This is incredibly helpful to get a legal perspective on this! Thank you for explaining the "misconduct connected with work" standard - I wasn't sure exactly what TWC looks for when making these determinations. It's reassuring to hear that isolated incidents with good documentation typically don't meet the misconduct threshold. I've been so worried that they'd find any reason to deny my claim, but knowing that Texas law requires actual misconduct makes me feel more confident. I'll definitely keep up with all my requirements while waiting. Do you happen to know if there's a typical timeframe for when decisions come through after an employer misses their deadline?

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Typically, once an employer misses their deadline, the investigator will make a determination within 3-5 business days. However, this can vary depending on the investigator's caseload and whether they need to review additional documentation. In your case, since you have clear documentation of the notification and this appears to be your first attendance issue, I would expect a favorable determination. One thing to watch for - even if you're approved, your employer still has 14 days from the determination date to file an appeal, so don't be surprised if there's another waiting period. The good news is that if an appeal is filed and you ultimately win, you'll receive backpay for the entire period. Keep all your documentation organized in case you need it for any appeal process.

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I'm new to this community but going through a very similar situation right now! My employer fired me after I had to call out sick with documented medical issues, and they also haven't responded to TWC's calls. Reading through everyone's experiences here has been incredibly helpful and given me so much hope. It's amazing how supportive this community is - sharing real experiences and practical advice instead of just generic information. @Anastasia, I really hope Friday's deadline works in your favor! From what everyone is saying, having that documentation of notifying your manager should put you in a strong position. I'm keeping my fingers crossed for all of us dealing with unresponsive employers. This whole process is stressful enough without employers making it harder by ignoring TWC. Thank you everyone for sharing your stories and advice!

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It sounds like based on your responses that you're starting to understand the key distinction here. I think you have a valid path forward if you approach this correctly. For your specific situation with long COVID, I'd recommend taking these steps: 1. Have your doctor create documentation that clearly states what types of work you CAN perform (remote, part-time, sedentary, etc.) along with necessary accommodations 2. Call TWC using Claimyr (claimyr.com) to connect faster - waiting for hours on the regular line will just exhaust you further with your health issues 3. Request the specific form for medical work search adjustment (they'll email it to you) 4. Continue to request payments while answering that you ARE able and available for suitable work 5. Keep detailed records of any work searches you do complete, focusing on positions that match your current capabilities 6. If you're having a severe symptom day when a TWC appointment is scheduled, call immediately to reschedule rather than missing it Many people with long COVID have found that emphasizing their ability to work remotely or on a modified schedule has been successful with TWC. The key is framing your situation as needing accommodation rather than being unable to work.

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Mei Liu

Thank you so much for these specific steps. I've already called my doctor to update my documentation with the focus on what I CAN do with accommodations. I'm going to try Claimyr today - waiting on hold for hours has been impossible with my fatigue issues. This gives me some hope that I might be able to navigate this successfully.

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I went through something very similar with long COVID and TWC about 8 months ago. Here's what worked for me: First, don't panic about the SSDI/unemployment contradiction - lots of people apply for both simultaneously. Just be consistent in how you describe your limitations. For TWC, I got approved for reduced work search requirements (1 per week) by having my doctor complete their medical exemption form. The key was my doctor writing that I could work "remote positions requiring minimal physical exertion for up to 20 hours per week with flexible scheduling due to unpredictable symptom flares." I focused my work searches on legitimate remote/part-time positions that actually matched my current capabilities. This way I wasn't just going through the motions - I was genuinely looking for work I could actually do. The biggest thing that helped me was joining some long COVID support groups on Facebook where people share specific strategies for navigating these systems. There are a lot of us dealing with this exact situation. One warning though - be super careful about missed appointments or late payment requests. My symptoms made me miss a phone appointment once and it took weeks to get it straightened out. Set multiple reminders and ask for email confirmations of everything. You can definitely make this work, but it requires being very strategic about how you present your situation. Focus on what you CAN do, not what you can't.

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To directly answer your question: Yes, TWC can potentially backdate your claim, but it's not automatic and not guaranteed. Here's what you need to know: 1. Call TWC as soon as possible and specifically request backdating. Explain why you delayed filing (they'll need a good reason) 2. If approved for backdating, you'll need to certify for those missed weeks by requesting payment for each week individually 3. You must have been eligible during those weeks, including meeting the work search requirement (3 work search activities per week) 4. Document whatever job search activities you can remember doing during those weeks (applications, interviews, resume submissions, networking) 5. Be prepared that they might only approve partial backdating or none at all depending on your circumstances The most important thing now is to start requesting payments on your current claim according to your payment request schedule and continue meeting work search requirements going forward.

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This is super helpful, thank you! I'll call tomorrow and see what they say about backdating. I've started keeping better records of my job applications now too.

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Just want to add that when you do call TWC about backdating, be prepared to wait on hold for a really long time - sometimes hours. I'd recommend calling right when they open (usually 8am) for the best chance of getting through. Also, have your termination paperwork ready and any documentation of job search activities you did during those 3 weeks, even if it's just a rough list of companies you applied to. The agent will likely ask for specific details about why you waited to file, so think through your explanation beforehand. Being overwhelmed and focusing on job searching isn't always considered "good cause" by TWC standards, but it's worth trying. Good luck!

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Great advice about calling early! I'm new to this whole unemployment process and wasn't sure about the timing. Do you know if there's a specific phone number that works better than others for getting through to TWC? I've seen different numbers mentioned and want to make sure I'm calling the right one when I try tomorrow morning.

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Just want to echo what others have said about the importance of documentation - you're in a much stronger position than you might think! The combination of a 70% hour reduction plus hostile work environment creates a solid constructive discharge case. One thing I haven't seen mentioned yet: when you write your appeal letter, make sure to explicitly state that you were financially unable to survive on 12 hours per week. Include your monthly expenses (rent, utilities, groceries, etc.) and show how the reduced income made it impossible to meet basic living needs. TWC needs to see that continuing to work wasn't a reasonable option. Also, don't forget to mention in your appeal that you made good faith efforts to address the situation before quitting - those two conversations with your boss about the hour reduction show you tried to resolve things internally first. The fact that you're taking time to prepare thoroughly and gather evidence puts you way ahead of many people who just wing it. You've got this!

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That's an excellent point about including the financial impossibility angle! I hadn't thought about breaking down my actual monthly expenses to show that 12 hours a week wouldn't even cover basic needs like rent and groceries. That really drives home why continuing to work wasn't realistic. I'm going to gather up my bills and calculate exactly what I needed versus what those reduced hours would have provided. Combined with everything else everyone has shared - the constructive discharge language, the timeline document, the medical documentation, and witness statements - I'm feeling like I have a really solid case to present. This community has been amazing in helping me understand how to properly frame my situation for the appeal. Thank you all so much!

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Amy, I'm late to this thread but wanted to share something that really helped me with my TWC appeal last year. Make sure to submit your appeal in writing AND follow up with a phone call to confirm they received it. I mailed mine but it got lost initially and I almost missed my deadline. Also, when you're preparing for the hearing, practice staying calm if your former employer makes false statements. My ex-boss completely lied during the hearing and said I was a "problem employee" when I had never received any disciplinary action. The hearing officer saw right through it because I had my documentation ready and stayed professional in my responses. One more tip - if possible, submit your appeal letter AND any supporting documents (pay stubs, medical records, etc.) at the same time rather than sending them separately. It keeps everything together in your case file. You can fax or upload them through the TWC website portal. The appeals process is definitely stressful but you have such strong evidence with that massive hour reduction. Wishing you the best of luck!

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CyberNinja, thank you for the heads up about confirming receipt of the appeal! I was planning to just mail it, but I'll definitely follow up with a phone call to make sure it doesn't get lost. The tip about staying calm during false statements is really important too - I can imagine how frustrating that must have been to hear your employer lie, but it sounds like having documentation and staying professional made all the difference. I'll make sure to submit everything together through the TWC portal rather than sending separate pieces. With all the advice from everyone in this thread, I'm feeling much more prepared and confident about my appeal. This community has been incredible!

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I'm so sorry you're going through this - the complete silence from TWC after filing an appeal is absolutely maddening, especially when you're stressed about rent and basic expenses. I went through something very similar about 8 months ago and completely understand the frustration. Here's what I learned that might help: **Call 512-463-2826 (Appeals Department) at exactly 8:00 AM** - This is the direct appeals line, not the main TWC number that everyone gets stuck on. I had much better luck getting through in the first 15-20 minutes after they open. **Try faxing 512-475-2044** - Include your claim ID, January 7th appeal date, and request for status update. I know fax seems ancient, but I actually got a response within 3 days after weeks of failed phone calls. **Double-check your mailing address in BOTH systems** - This is crucial! The regular TWC account and appeals system don't sync addresses automatically. Many people miss their hearings because notices get sent to old addresses. **Keep requesting payments every two weeks** - Even though you're not getting paid during the appeal, continue requesting. This keeps your claim active and is required for backpay if you win. The realistic timeline right now seems to be 8-12 weeks based on everyone's experiences, not the misleading "10 days" they claim on their website. Your January 7th filing means you should hopefully hear something within the next few weeks. Restaurant layoff appeals actually have pretty good success rates when you have documentation of the downsizing. Make sure you organize all those emails from your manager about staff reduction - that evidence will be crucial for your hearing. Don't file another appeal as that will reset your place in line. The system is completely broken but persistence really does pay off. I eventually won my case and got full backpay for all the weeks I waited. Hang in there!

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I'm going through the exact same situation and it's been absolutely nerve-wracking! Filed my appeal on January 12th after they wrongly classified my layoff as "voluntary quit" when my coffee shop closed permanently due to the owner retiring. It's been over 6 weeks of complete silence and I was starting to panic that they lost my paperwork. This thread has been a lifesaver - I had no idea about calling the Appeals Department directly at 512-463-2826 instead of the main TWC line I've been trying for weeks! Also didn't know about the fax option at 512-475-2044 or that the realistic timeline is 8-12 weeks instead of their fake "10 days" claim. The most helpful tip I'm seeing is calling at exactly 8:00 AM when they open and double-checking that addresses are correct in BOTH the regular TWC system and appeals system since they don't sync automatically. I'm definitely going to try both strategies this week. I've been doing DoorDash deliveries just to pay rent while waiting, which is exhausting on top of the stress of not knowing what's happening with my case. But reading everyone's success stories here gives me hope that sticking it out is worth it. One thing I wanted to add - for anyone else with business closure situations like mine, make sure you save any communication from your employer about the closure, news articles if it was covered, or even social media posts announcing the permanent shutdown. Documentation seems to be key for these appeals. Thanks everyone for sharing your experiences and strategies. It really helps to know we're not alone in dealing with this broken system!

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