I'm going through this EXACT same situation right now and honestly, this entire thread has been like finding a support group I didn't know I needed! 4.5 years with my company, stellar annual reviews, employee of the month twice, then boom - new director arrives and within 8 weeks I'm on a PIP for "lack of strategic thinking" that was never once mentioned in any previous feedback. The PIP was 21 days (yes, they actually expected me to develop "strategic thinking" in 3 weeks!) and when I was terminated, HR literally said "we gave you every opportunity to improve." Every opportunity?? In 3 weeks?? After 4+ years of success?? What's really helping me prepare for my appeal based on everyone's advice: - I found emails from the old director praising my "excellent strategic contributions" just 2 months before the PIP - The new director changed our entire team structure and KPIs without any transition period, then blamed us for not adapting fast enough - Company policy clearly states PIPs should be 60-90 days minimum for "skill development" issues Reading about the former TWC hearing officer's perspective was incredibly reassuring - knowing they specifically look for the timeline correlation between management changes and sudden performance issues gives me so much confidence. For anyone just starting this process: document EVERYTHING while it's fresh in your mind. I wish I'd found this thread sooner because some of the practical tips (like requesting your personnel file immediately) are time-sensitive. Thank you all for sharing your stories - knowing I'm not alone in this crazy situation is keeping me sane!

I'm so sorry you're going through this - your situation sounds incredibly stressful, but based on everything I've read in this thread, you actually have a really strong case! The combination of 3 years of clean performance history followed by a sudden 3-week PIP under new management is exactly the kind of pattern that TWC hearing officers are trained to recognize as problematic. A few things that jumped out at me from your post that work strongly in your favor: - ZERO disciplinary actions in 3 years (this is huge!) - Consistently meeting expectations in quarterly reviews - The PIP came "out of nowhere" - no progressive discipline - Only 3 weeks duration (impossibly short for real improvement) - Clear correlation with new manager arrival I'd definitely recommend gathering every piece of positive documentation you can find - those quarterly reviews, any commendation emails, client feedback, etc. The stark contrast between your historical performance and the sudden "problems" will be very compelling to a hearing officer. Don't panic yet though - wait to see if they actually contest your claim. Sometimes companies threaten to fight unemployment but don't follow through. And even if they do contest it, you're in a much stronger position than you might think. The burden is on them to prove willful misconduct, which is very different from performance issues. Keep filing those payment requests every two weeks no matter what happens - that's critical for getting backpay if you win an appeal. You've got this!

I'm really sorry you're dealing with this situation - false accusations at work are incredibly stressful and unfair. Based on what others have shared here, it definitely sounds like you should apply for TWC benefits right away since you're suspended without pay. One thing I'd add is to be prepared for the process to take some time. TWC has to investigate both sides, and that can be frustrating when you need money for bills right away. But don't let that discourage you from filing - the sooner you apply, the sooner the process starts. Also, while you're waiting, you might want to quietly start reaching out to your network or looking into other job opportunities, not because you're giving up on your current job, but because it's always good to have options. Sometimes these workplace situations don't end the way we hope, even when we're completely innocent. Hang in there and keep us posted on how it goes. This community has a lot of experience with TWC and we're here to help if you run into any issues with the application or process.

I'm going through something very similar right now! Got suspended three weeks ago after my supervisor claimed I was "insubordinate" during a meeting where I simply asked questions about a new policy. No witnesses, no documentation, just their word against mine. I filed for TWC benefits the same day I was suspended and just got approved yesterday! The key things that helped me: 1. Applied immediately - don't wait to see what happens 2. When filling out the application, I selected "suspended without pay" and kept my explanation factual and brief 3. During the fact-finding interview, I let TWC know I had been a good employee for 4+ years with no prior issues 4. I had saved emails showing my positive performance reviews and lack of any previous disciplinary action Your employer will have to prove you committed misconduct, not just make accusations. TWC told me that "he said/she said" situations usually favor the employee when there's no concrete evidence of wrongdoing. The whole process was stressful but I'm so glad I didn't wait. My first payment should come through next week. Stay strong and document everything!

Just wanted to wish you and your husband the best of luck on today's interview! I've been following your journey and it's amazing to see how you've turned such a difficult situation into a comprehensive action plan. The way you've researched every resource, followed through on all the suggestions, and maintained such a positive attitude while dealing with potential eviction shows incredible strength. That manufacturing company is lucky to be interviewing someone who clearly knows how to problem-solve under pressure. Your husband's oil field experience combined with his willingness to work night shifts and his newly planned OSHA certification makes him a really strong candidate. Whatever happens today, you should both be proud of how you've handled this crisis. You've already made so much progress with the utility assistance, SNAP application, and all the other programs you've applied for. This interview is just one more step in your recovery plan. Can't wait to hear how it goes! The whole community is rooting for you both. 🤞

This is absolutely incredible news! 🎉 I've been following your story from the beginning and I'm literally tearing up reading this update. $19.50 + $2.50 shift differential is fantastic, and the potential for another $2/hour at 90 days means you could be looking at over $24/hour soon. That's going to make such a huge difference for your family! You both should be so proud of how you handled this crisis. The way you systematically worked through every suggestion, stayed organized, and never gave up is truly inspiring. And your husband clearly impressed them - being offered the job on the spot after months of rejections must feel amazing. This is exactly why communities like this exist - when people share real, actionable advice instead of just sympathy, it can literally change lives. Your story is going to help so many other families who find themselves in similar situations. Congratulations on making it through the worst of it! Monday is going to be a great day. 💪

Just wanted to add something that hasn't been mentioned yet - if you're going to reference specific TWC policies or precedent cases during your hearing, make sure you bring printed copies for the hearing officer AND have the exact citation numbers ready. I've seen appeals get derailed because people mentioned legal precedents but couldn't provide the actual documents when asked. Also, regarding the COVID-era protections for agency errors - that was part of the federal waiver provisions, but Texas had additional state-level protections too. Look up Texas Government Code Section 2001.058 which deals with reliance on agency guidance. If you can show you reasonably relied on TWC's guidance and would be harmed by changing that guidance retroactively, this statute might apply to your situation. The key phrase to use is "detrimental reliance" - you changed your position (filed for benefits and reported income as instructed) based on their guidance, and now you'd be harmed if they change course. Document everything showing you followed their specific instructions and you should have a strong case!

I won a very similar severance overpayment appeal about 6 months ago, and reading your story brings back all those same feelings of panic and frustration! The fact that you called TWC beforehand and reported everything properly puts you in a really strong position. Here's what worked for me: I created a simple one-page summary showing the timeline - when I was laid off, when I called TWC, what they told me, when I filed, and how I consistently reported my severance on every payment request. The hearing officer could see at a glance that I acted in good faith throughout the entire process. Also, don't underestimate how powerful it is that you have those payment request confirmations showing you disclosed the severance. That's your smoking gun evidence that you weren't trying to hide anything. The hearing officer in my case said that kind of consistent disclosure pattern was exactly what they look for when determining whether someone was acting fraudulently or just following bad guidance. One last tip - when they ask you questions, keep referring back to the fact that you specifically called to ask how to handle the severance and followed their instructions exactly. Don't let them make it about whether you "should have known" the rules differently. This is about whether you reasonably relied on their guidance, and you clearly did. You've got a very winnable case here!

I've been through a similar appeal situation and want to offer some encouragement - your case actually sounds really strong based on what you've shared! The most important thing to understand is that Texas unemployment law has a very specific definition of "misconduct." It must be willful or wanton disregard of the employer's interest, deliberate violation of rules, or disregard of standards of behavior the employer has a right to expect. A legitimate layoff due to "position elimination" is absolutely NOT misconduct under any definition. Your employer is essentially trying to rewrite history here. They documented the separation as position elimination, the initial TWC investigator approved your claim after hearing both sides, and now suddenly months later they're claiming misconduct? That's going to raise red flags with the hearing officer. For your February 12th hearing, focus on these key points: - Your termination letter clearly states "position elimination due to departmental restructuring" - You received no prior disciplinary actions or warnings - If misconduct existed, why wasn't it documented at the time of termination? - The initial investigator already evaluated these same claims and found them insufficient Don't let them intimidate you with lawyers or HR representatives. Your documentation speaks for itself, and you've already won this argument once. The hearing officer will focus on facts and evidence, not dramatics. Stay calm, stick to the truth, and trust in the strength of your case. You've got this!

I'm really sorry you're dealing with this stress right now - I can completely understand how terrifying it must feel to potentially have to pay back that much money! But honestly, after reading through your situation and all the excellent advice others have given, I think you're actually in a really solid position. The key thing that jumped out to me is that your employer is essentially contradicting their own documentation. They literally put "position elimination due to departmental restructuring" on your termination letter, and now months later they're suddenly claiming it was misconduct? That's going to look really bad to the hearing officer. Also, the fact that the initial TWC investigator approved your claim AFTER interviewing both you and your employer is huge. If there was legitimate misconduct, your employer had every opportunity to present that evidence during the initial investigation. The investigator clearly didn't find their claims credible enough to deny your benefits. A few practical tips for your February 12th hearing: - Keep multiple copies of that termination letter handy - it's your best evidence - If they try to bring up alleged performance issues, ask when these were documented in your personnel file - Stay calm and factual - don't let them bait you into getting emotional - Remember that THEY have to prove misconduct occurred, not you proving it didn't The 6-month delay is frustrating but unfortunately normal with TWC's current backlog issues. It doesn't reflect anything negative about your case. You've already won this fight once - you can absolutely do it again! Good luck with your hearing!