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You've gotten excellent advice here! I went through a similar situation about 6 months ago and won my appeal. One additional tip: when you submit your appeal documents, include a simple timeline showing the progression from "restructuring/layoffs" to suddenly claiming "misconduct" for unemployment purposes. This contradiction often becomes obvious to hearing officers when laid out chronologically. Also, if your company has done other layoffs recently, try to find out if they claimed misconduct for those folks too - it shows a pattern of abuse. The fact that you were laid off with multiple colleagues in a group meeting is actually strong evidence that this was economic, not misconduct-related. Keep us posted on how it goes!

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That timeline idea is brilliant! I hadn't thought about documenting the contradiction between what they told us in person versus what they reported to TWC. I'm definitely going to create that chronological breakdown. Do you remember roughly how long the whole appeal process took from filing to getting your decision? I'm trying to plan financially while this gets sorted out.

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This whole thread has been incredibly helpful for someone in my exact situation! I was also denied for "misconduct" when I was clearly laid off due to budget cuts. After reading everyone's advice, I'm curious - has anyone had success getting their benefits backdated to the original claim date after winning an appeal? I'm worried about the financial gap between now and when this gets resolved. Also, @CosmicCrusader, make sure to document everything your employer told you about the restructuring in writing while it's still fresh in your memory. Even small details about what was said in that group meeting could be important evidence!

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Yes, if you win your appeal, TWC will typically backdate your benefits to your original claim date! You'll receive all the weeks you were eligible for in a lump sum, which really helps with the financial strain. The key is to keep requesting payment for each week even while your appeal is pending - don't let those weeks lapse or you might lose them. @CosmicCrusader definitely document everything now while it's fresh! I'd suggest writing down exactly what was said in that group meeting, who was present, and any emails or documents you received about the restructuring. Even seemingly minor details like whether they mentioned budget cuts, downsizing, or "difficult business decisions" can be powerful evidence that this wasn't misconduct.

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One more thing to keep in mind - when you do your weekly payment requests, you'll need to answer questions about your work search activities and any work performed that week. For the week you did the 1099 work, you'll answer "yes" to working and report those earnings, but you'll also still need to show you did your required work search activities that same week (unless you worked full-time hours). Don't assume that working a few days exempts you from the work search requirement - TWC expects you to continue actively looking for permanent employment even while doing temporary work. Also, make sure you understand your local workforce area's specific work search requirements since they can vary slightly by region in Texas.

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This is really helpful info about the work search requirements! I didn't realize I'd still need to do those activities during the week I worked the 1099 job. Since it was only 3 days, I definitely didn't work full-time hours so I'll make sure to document my job search activities for that week too. Do you know if applying for other 1099/contract positions counts toward the work search activities, or do they prefer to see applications for W-2 positions? I want to make sure I'm meeting the requirements properly from the start.

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Good question @Lily Young! Contract/1099 applications definitely count toward your work search activities - TWC considers any legitimate job search effort valid, whether it's W-2 or 1099 positions. What matters is that you're actively seeking work that matches your skills and experience. Just make sure to keep detailed records of each application including the company name, position, date applied, and method (online, in person, etc.). You can also count networking events, job fairs, career counseling sessions, and even creating/updating professional profiles on sites like LinkedIn as work search activities. The key is showing consistent effort to find employment. Since you're in banking, I'd suggest mixing both traditional employment applications with contract opportunities since the financial sector often uses both types of positions.

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@Lara Woods Thank you so much for that comprehensive answer! It s'really reassuring to know that 1099 applications count toward the work search requirements. I was worried I d'be limiting myself by only applying to traditional W-2 banking positions. Your suggestion about mixing both types of applications makes perfect sense, especially since the banking industry does use a lot of contract workers for project-based work. I ll'make sure to keep detailed records of everything - company names, positions, dates, and methods like you mentioned. The tip about networking events and updating LinkedIn profiles counting as activities is super helpful too. I feel much more prepared to handle the work search requirements properly now. Thanks for taking the time to explain all of this!

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Quick update - I just received a determination about my appeal for unsafe working conditions. I WON! The hearing officer agreed that I had good cause to quit due to the documented safety violations. I submitted 14 photos, emails showing I reported issues 6 times over 2 months, and OSHA regulations that were clearly violated. For anyone facing a similar situation, DOCUMENT EVERYTHING. No matter what your employer claims, evidence speaks louder than their denials. Thanks everyone for the advice!

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Congratulations!!! This gives me hope. Did you have to deal with any cross-examination from your employer during the hearing? That's what I'm most nervous about.

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Yes, my former employer definitely tried to question me, but the hearing officer kept things pretty controlled. They asked things like "Why didn't you report these issues to someone higher up?" and "Weren't these just temporary conditions?" Just stay calm, stick to facts, and refer to your evidence. Don't get emotional even if they try to provoke you.

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I'm going through a similar situation right now and this thread has been incredibly helpful! I quit my construction job last month after repeated safety violations - missing guardrails on scaffolding, no fall protection equipment provided, and electrical hazards that were reported but never fixed. My initial claim was denied for "voluntary quit without good cause" even though I have photos and witness statements. My appeal hearing is next week and I was terrified until reading everyone's experiences here. Thank you all for sharing what worked - I'm printing everything out, organizing it by date, and practicing explaining the specific safety violations calmly. It's encouraging to know that people DO win these appeals when they have proper documentation. Fingers crossed!

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Good luck with your hearing! Construction safety violations are serious business and you're absolutely right to document everything. Since you have photos and witness statements, you're already ahead of the game. One thing I'd add from reading this thread - make sure you can clearly explain why each violation made it impossible to continue working safely. The hearing officer will likely ask you directly about that. Also, if you have any documentation showing you reported these issues to supervisors or management, bring multiple copies of that too. It sounds like you're well-prepared though. Hope you get the same positive outcome that others here have achieved!

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I've been following this thread and wanted to add something important that hasn't been mentioned yet. When you file your TWC claim, make sure you select "left work for medical reasons" or similar wording rather than just "quit" - the specific reason you select can make a huge difference in how your claim is processed initially. Also, if your employer tries to contest your claim (which they might to avoid their unemployment insurance rates going up), having all that documentation everyone mentioned becomes even more critical. I've seen cases where employers claim the employee "abandoned their job" instead of acknowledging the medical separation. One more tip: if you have any coworkers who witnessed your struggles with the physical demands of the job or conversations about accommodations, ask them if they'd be willing to provide a brief written statement. Sometimes having witness testimony can really strengthen your case if it goes to appeal. The whole process can be stressful, but don't give up if you get an initial denial. Medical separations often get approved on appeal when you have proper documentation.

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This is excellent advice about the wording when filing! I hadn't thought about how the specific language I use could impact the initial processing. I'll definitely make sure to select the medical reasons option rather than just "quit." The point about employers potentially contesting the claim is something I need to prepare for too - my company has been pretty unsympathetic about my situation so far, so I wouldn't be surprised if they try to fight it. I'll start reaching out to a couple coworkers who have seen me struggling with the heavy lifting lately to see if they'd be willing to provide statements. Thanks for the thorough advice!

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I work as a claims specialist (not with TWC but similar state agency) and wanted to emphasize something crucial that could make or break your case: timing matters A LOT. Don't wait until you're in severe pain or completely unable to work before starting this documentation process. The strongest medical separation cases show a clear progression where the person tried to continue working despite medical issues, sought treatment, got restrictions, attempted to work with their employer on accommodations, and only left when it became truly impossible to continue safely. Also, keep copies of EVERYTHING - not just emails but also any texts, photos of your work environment if relevant, and even notes from verbal conversations (date, time, who was present, what was discussed). I've seen cases won and lost based on small details in documentation. One final tip: when you file, be prepared for the possibility that TWC may require you to get an independent medical examination. This is normal for medical separation claims and isn't them doubting your condition - it's just part of their verification process. Your situation sounds like it should qualify if handled properly. Stay organized and don't let anyone pressure you into just quitting without following the proper steps!

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This is incredibly valuable insight from someone who works in the system! The timing aspect you mentioned really resonates - I can see how waiting too long or moving too quickly could both hurt a case. I've been dealing with this back pain for months and have medical records showing the progression, so hopefully that works in my favor. Your point about keeping copies of everything is noted - I'm going to start a dedicated folder with all documentation related to this situation. The possibility of an independent medical exam is good to know about in advance so I don't panic if they require it. One question: when you mention not letting anyone pressure me into "just quitting," are you referring to situations where employers might try to get someone to resign instead of them having to deal with accommodation requests? I'm worried my supervisor might try to push me toward just putting in my two weeks notice.

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