I just wanted to jump in and say how incredibly helpful this entire thread has been! I'm not currently dealing with an unemployment appeal myself, but I'm bookmarking this for future reference because the level of detailed, practical advice here is amazing. A few things that really stood out to me from everyone's experiences: 1. The consistent theme that employers often can't back up "misconduct" claims with actual documentation - this seems to be their biggest weakness in these cases. 2. The importance of filing the appeal quickly rather than waiting - several people mentioned filing within 2-3 days rather than using the full 14-day window. 3. How valuable that Claimyr service seems to be for actually getting through to TWC when you need to speak with someone urgently. 4. The fact that "misconduct" has a very specific legal definition in Texas that requires willful wrongdoing, not just poor performance. For anyone else reading this thread in the future - it looks like the key factors for winning these appeals are: lack of progressive discipline/warnings from the employer, recent positive feedback that contradicts their claims, and being able to present your case factually and chronologically during the hearing. @Jessica Suarez @Emma Wilson - wishing you both the best with your appeals! Based on everything shared here, you both have really strong cases. Please update us with your results!

As someone who works in HR (at a different company), I wanted to add some perspective from the employer side that might help with your appeal strategy. What I'm seeing in your case - and many others shared here - is a classic example of employers conflating "at-will termination" with "termination for cause." Many companies don't realize that just because they CAN fire someone without warning (at-will employment) doesn't mean they can successfully claim "misconduct" for unemployment purposes. In my experience, here's what typically happens: A manager decides they want to let someone go for performance reasons, HR processes it as a standard termination, and then when the unemployment claim comes in, someone in payroll or benefits (who wasn't involved in the actual termination) checks a box for "misconduct" without understanding the legal implications. The fact that you received positive feedback just a week before termination is a huge red flag that this was likely an impulsive management decision rather than a documented performance issue. Most legitimate misconduct cases have extensive paper trails - written warnings, performance improvement plans, documented policy violations, etc. For your hearing, emphasize these points: - Ask them to specify exactly what policy you violated - Request they provide documentation of progressive discipline - Point out the timeline inconsistency between positive feedback and sudden "performance issues" Based on the patterns I see, employers who can't produce this documentation usually lose these appeals. Your case sounds very strong. Good luck!

Quick update - I just checked my TWC account today and my status changed from "Appeal Pending" to "Eligible" and there's a determination letter dated yesterday in my correspondence! The hearing officer ruled in my favor since the employer failed to appear and present evidence of misconduct, plus my witnesses' testimony proved inconsistent application of company policy. All my backpay is being processed now! Just wanted to share the good news and timeline - it took exactly 8 days from hearing to determination in my case. Thanks everyone for your support and advice during this stressful time!

Congratulations @NeonNebula! That's fantastic news and gives me so much hope for my own case. Eight days is pretty quick too - I'm on day 3 since my hearing so I'll keep checking my account obsessively. Your situation sounds almost identical to mine - employer no-show, witness testimony about inconsistent policy enforcement, and no prior warnings. Really appreciate you coming back to update us with the good news. Can't wait to hopefully post my own success story soon! 🤞 For anyone else going through this process, it seems like having witnesses who can testify about similar situations is really key. Thanks to everyone who shared their experiences here - this community has been a lifesaver during this stressful time.

This entire thread is both heartbreaking and infuriating. I'm currently at 16 months waiting for Commission Review after winning at both lower levels, and reading everyone's experiences makes me realize I've been way too passive in my approach. I've been calling the main TWC number monthly and getting the same runaround - "it's in process, be patient, there's a backlog." But seeing @Amina Diop's update about discovering a "system flag" and undisclosed employer documentation really opened my eyes. How many of us are sitting in limbo because of TWC's administrative errors that we're never told about? Tomorrow I'm calling the Appeals Department directly (512-463-8770), emailing the Ombudsman office, and contacting my state representative. I'm also going to reach out to the State Auditor's office as @CyberSamurai suggested. This is clearly a systemic problem affecting multiple people, not isolated delays. @StarGazer101 - your 18-month nightmare is absolutely unacceptable, but thank you for posting this. Your situation has mobilized all of us to take more aggressive action. The fact that you've won TWICE and they're still dragging this out is unconscionable. I think we should seriously consider coordinating a group complaint and reaching out to local media outlets together. When you have this many people experiencing identical delays (win twice, then disappear into Commission Review black hole for 12-18+ months), that's not normal processing - that's systematic negligence that deserves public scrutiny. Keep fighting everyone - they're counting on us giving up, but we won't!

I'm so sorry you're going through this ordeal - 18 months is absolutely outrageous! Reading through all the advice here, I wanted to add one more potential resource that helped me when I was dealing with a different state agency issue. Have you tried filing a complaint with the Better Business Bureau? I know it sounds unconventional for a government agency, but TWC actually responds to BBB complaints because they affect their public rating. When I filed one for a different issue, I got a response within 2 weeks from someone much higher up the chain than I'd ever reached through normal channels. Also, consider documenting all of this and sending it to your local newspaper's investigative team. The Austin American-Statesman has done stories on TWC issues before, and 18 months for someone who's already won twice is exactly the kind of bureaucratic nightmare that makes for compelling reporting. The fact that you've won at both the hearing and Appeal Tribunal levels means you have a rock-solid case. TWC is absolutely hoping you'll give up, but don't let them win through attrition. That $18,500 is rightfully yours, plus interest! Keep us posted on what happens when you try the Appeals Department direct number - I have a feeling that's going to be the breakthrough you need.

One additional thing to check - log into your TWC account and look at your claim and payment status. Check the "Maximum Benefit Amount" and how much you've already received. It's possible you didn't use much of your benefits during your first unemployment period, so the "exhausted" message after just two payments seems unusual unless your Maximum Benefit Amount was very low to begin with. If the numbers don't add up, there could be an error worth investigating. Sometimes TWC systems show "exhausted" when there's actually another issue with your claim that needs addressing.

I'm a benefits specialist and this situation is unfortunately more common than it should be. Based on what you've described, there are actually two separate issues at play: 1. **The benefit year continuation**: Since you filed in January 2024, you're still within that same 52-week benefit year until January 2025. Any new unemployment during this period continues the existing claim rather than starting fresh. 2. **The "exhausted" status after only 2 payments**: This is the red flag. If your Maximum Benefit Amount was $4,225 and you only used $2,600 previously, you should have remaining benefits available. The fact that it shows exhausted after just two payments suggests either a system error or there's an unreported issue (like an overpayment, disqualification, or wage dispute). My advice: Focus on getting through to TWC to resolve the "exhausted" issue first. Use the callback services others mentioned, or try calling right when they open at 8 AM. Once you get through, ask them to: - Review your payment history and explain any deductions - Verify your remaining benefit balance - Check if there are any holds or issues on your account Even though you can't get the higher wage calculation until your benefit year ends, you should still be able to access your remaining benefits from the original claim if the math is correct.

This whole thread has been incredibly educational! I'm a newcomer to this community and just went through a similar PEO situation with my unemployment claim about 2 months ago. I used ADP as my employer (per my W-2) instead of my actual company name, and thankfully everything went smoothly - claim was approved within 2 weeks. Reading all these horror stories about 6+ week delays makes me realize how lucky I was to get it right the first time! What really strikes me is how this seems to be such a universal problem across all the major PEOs (TriNet, ADP, Insperity, Paychex, Justworks, etc.) but there's zero guidance from TWC about it. You'd think they would at least put a FAQ section on their website about PEO situations since it's clearly affecting thousands of workers. This thread should honestly be required reading for anyone whose company uses a PEO service. Thanks to everyone who shared their experiences - you're definitely helping people avoid major headaches!

This thread is absolutely incredible - I wish I had found something like this when I was dealing with my unemployment claim last year! I had a similar situation with Insperity at my previous marketing job. Like several others here, I initially put my actual employer's name instead of Insperity and ended up with a 5-week delay while they sorted out the verification issues. It was such a stressful time financially, especially not knowing when it would get resolved. What really bothers me is that when companies switch to PEO services, they rarely explain how this affects unemployment benefits. My employer just said "we're switching payroll companies" but didn't mention that Insperity would technically become our employer of record for tax purposes. I only figured out the W-2 connection after calling TWC multiple times and finally reaching an agent who explained it. For anyone reading this thread in the future - the advice here is 100% solid. Use whatever employer name appears on your W-2, even if it's confusing. The PEO (TriNet, ADP, Insperity, etc.) is who paid the unemployment taxes, so that's who TWC needs to see as your employer. Then when they ask about your actual job duties, work history, and separation reason, that's when you explain your real workplace situation. It's honestly a public service that everyone has shared their experiences here. This could literally save people thousands of dollars in delayed benefits!