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I went through almost the exact same situation last year. My employer claimed I "abandoned my job" when they actually laid me off. Here's what helped me win my appeal: 1. I wrote out a detailed timeline with exact dates and who was present when I was terminated 2. Got a statement from my coworker who witnessed the meeting where I was let go 3. Brought my employee handbook showing their termination procedures (which they didn't follow if I had really "quit") 4. Had my final paycheck stub that showed they processed it as a termination, not a resignation The hearing lasted about 45 minutes. The judge asked very direct questions like "Did you tell your employer you were quitting?" and "What exact words did your manager use when letting you go?" My employer's story fell apart when they couldn't provide any evidence I had quit voluntarily. Don't let them intimidate you - you have rights, and lying employers get caught in these hearings more often than you'd think. Document everything you can remember and stay calm during the hearing. You've got this!
This is super helpful, thank you! I'm definitely going to write out that detailed timeline like you suggested. The part about the final paycheck is interesting - mine was processed as a regular termination too, not like I quit. I never thought about getting my employee handbook but that's a great idea. Did you have to pay anything for the appeal process or was it free through TWC?
The appeal process through TWC is completely free - you don't pay anything to file an appeal or participate in the hearing. That's one of the great things about the system. Just make sure you file within that 14-day deadline from when you received your determination letter. One thing I'd add to the excellent advice from @Jade Lopez - if you have any text messages or emails from around the time you were let go, screenshot them now. Even something like a text to a friend saying "can't believe I got fired today" with a timestamp can help establish that you were terminated, not that you quit. Also check if your workplace has security cameras - sometimes you can request footage of you being escorted out or leaving after the termination meeting, though this varies by employer. The key is building a timeline that shows you were an employee in good standing who was terminated by the company, not someone who abandoned their job. Your perfect attendance record will definitely help with that narrative.
This is all such helpful advice! I'm feeling much more confident about appealing now. I actually do have a text I sent to my sister right after it happened saying "Just got let go, can't believe they're calling it restructuring when they're probably just cutting costs." Would that kind of thing help show I was terminated? Also, should I try to get character references from coworkers or is witness testimony during the hearing more important? I'm gathering everything I can think of - pay stubs, my clean disciplinary record, even the schedule that shows I was supposed to work the next day (which obviously I wouldn't be if I had "walked off").
I'm really sorry you're going through this - it sounds incredibly stressful, especially with a special needs child to care for. Based on what others have shared here, it definitely sounds like you have a strong case for TWC benefits. One thing I'd add: keep detailed records of EVERYTHING moving forward. Screenshot emails about the policy changes, save any documentation about the new commission structure, and track your actual earnings week by week. If your employer tries to contest your claim (which they probably will), having a paper trail showing the dramatic drop in income will be crucial. Also, don't let them intimidate you with the "contractor" label. TWC looks at the actual working relationship, not just what they call you. If you're still expected to work their hours, follow their sales processes, use their leads/systems, etc., you're likely still an employee for unemployment purposes regardless of what they're calling it internally. Good luck with your application - it sounds like you've got solid grounds based on the "substantial change in employment terms" that others mentioned. Your family's financial security is worth fighting for!
This is such great comprehensive advice! I really appreciate you mentioning the "contractor" vs employee distinction - that's been one of my biggest worries. They're definitely still treating me like an employee in every way except the pay structure, so that's reassuring to know TWC looks at the actual relationship. I've already started keeping a detailed log of everything since this change happened. The drop in both lead quality and quantity has been so dramatic that it's actually pretty easy to document. Thank you for the encouragement - it really helps to know that fighting for my family's security is worth the effort, even if the process feels overwhelming right now.
I'm going through something similar right now and wanted to add a few practical tips from my experience so far: 1. When you call TWC (or use that Claimyr service mentioned earlier), have ALL your documentation ready - old pay stubs, the emails about the change, your commission tracking, everything. They might ask for specific numbers on the spot. 2. If you do get approved, make sure you understand exactly how to report your weekly commission earnings. I made a mistake early on by not reporting some small commission payments and it caused a delay in my benefits. 3. Don't be discouraged if your employer contests the claim - from what I've learned, this is pretty standard when there's any gray area. Just stick to the facts about the substantial change in your compensation structure. The good news is that your situation sounds textbook for "material change in employment terms." A 70% pay reduction combined with the switch from guaranteed salary to unpredictable commission should definitely qualify you. The fact that you've been with the company for 4 years and this is a recent change works in your favor too. Hang in there - supporting a special needs child while dealing with this kind of employment upheaval is incredibly stressful, but it sounds like you're taking all the right steps to protect your family's financial stability.
That's such great news! Similar thing happened to me - my claim was stuck for weeks because of an employer coding error that I never would have known about without talking to an agent. It's frustrating that these simple issues can hold everything up for so long, but at least once you get through to someone they can usually fix it pretty quickly. Hopefully your payment comes through even faster than the 3-5 days they quoted!
Glad to hear you got through and found the issue! Employer coding errors are unfortunately super common - I had the exact same problem a few months ago. My former employer had marked me as "fired for cause" when I was actually laid off due to budget cuts. The TWC agent fixed it during our call and I got my first payment about 4 days later. Just make sure to keep checking your account online for updates and continue doing your weekly payment requests even while it's being corrected. The system should automatically backdate your payments once everything gets sorted out.
Just want to emphasize what everyone else is saying - DO NOT WAIT to file! I made that mistake when I got severance from my warehouse job last year and it cost me. Here's the simple version: File your claim immediately (like tomorrow), be completely honest about your $5,200 severance when they ask about separation pay, and then TWC will send you a letter telling you exactly how many weeks you have to wait before benefits start. During that waiting period, you still have to request payment every 2 weeks (you'll get $0 but it keeps your claim active) and do your work search requirements. It sounds complicated but it's really not - just follow the steps and be honest about everything. The severance actually helps because it gives you money to live on while you're waiting for benefits to kick in. Way better than having no severance and still having to wait for TWC to process everything. You've got this!
This is exactly the straightforward advice I needed! Everyone here has been so helpful but you're right - the simple version is just file immediately and be honest. I was definitely overthinking it. The fact that the severance will cover my expenses during the waiting period does make this whole situation feel less scary. Filing first thing tomorrow morning and then just following the process step by step. Thank you for the encouragement!
Hey! I just wanted to jump in since I went through this exact same thing about 4 months ago. Got laid off from my logistics job with a $4,900 lump sum severance and had all the same questions you do. The advice everyone's giving you is 100% correct - file your claim RIGHT NOW, don't wait even one day. When I filed, there was a clear section asking about "separation pay" where I entered my severance amount and the date I received it. TWC calculated that I had to wait about 6 weeks before benefits started (they basically divide your severance by what your weekly benefit would be). During those 6 weeks, I had to keep requesting payment every Sunday even though I got $0, and I had to keep doing my 3 work search contacts per week. The determination letter came about 2 weeks after I filed and explained everything clearly. Once my waiting period ended, my benefits started automatically. One thing that really helped me was keeping all my severance paperwork organized from day one - TWC might ask for documentation later to verify the amount. Also, if you have any unused vacation time included in that $5,200, make sure you know how much is vacation vs actual severance since they're treated differently. Don't stress too much about this - the system handles severance situations all the time. Just be honest, file immediately, and follow the process. The severance money will help you get through the waiting period anyway!
Zoe Papadopoulos
Just wanted to add that you should also gather any documentation about the warehouse assignment ending - even if it's just an email or text from your supervisor mentioning the contract was up or the project ended. This helps establish that it was truly a layoff and not job abandonment on your part. Also, when you're at the hearing, be very specific about the timeline. Say exactly when you were laid off, when you called the temp agency (include the date and approximate time), who you spoke with, and what they told you. The more specific details you can provide, the more credible your testimony will be. One more tip - if the temp agency claims you were supposed to follow some specific procedure for requesting new assignments, ask them to provide documentation of where this policy was explained to you (employee handbook, orientation materials, etc.). Often they can't produce this because they never actually communicated the requirements clearly to workers.
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Katherine Shultz
•This is really helpful advice! I'm definitely going to ask for documentation of their "procedure" since they never explained any specific steps I was supposed to follow. When I was hired, they just said they'd call me for new assignments when they became available. I'm writing down a timeline now with exact dates and times. Thanks for the tip about asking for written policies - I bet they can't produce anything!
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Luca Ferrari
I'm dealing with a similar situation right now with a different temp agency. The whole system seems designed to deny legitimate claims. One thing that might help you - if you have your phone bill showing the call to the temp agency, that's usually considered good evidence even without detailed call logs. Also, don't let them intimidate you during the hearing. The temp agency will probably send someone who deals with these appeals regularly, but remember that the hearing officer has seen these cases many times and knows the common tactics agencies use to avoid paying unemployment. Stick to your facts: you were laid off through no fault of your own, you contacted them the next day as any reasonable person would, and they failed to provide you with new work or clear instructions on what else you should have done. The waiting is brutal but hang in there. From what I've seen, workers usually win these cases when they can show they made a good faith effort to contact the agency after being laid off.
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