Can your previous employer deny unemployment? What I learned fighting mine through Texas TWC
Six weeks into this whole ordeal and I'm finally starting to understand what actually happened with my claim. Got laid off from a logistics company back in October after they eliminated my entire department — no performance issues, no warnings, just 'we're restructuring.' Applied for unemployment through UBS the same week, felt pretty confident since it was clearly a layoff situation. Then about four weeks later I got a determination letter saying I was disqualified. The reason cited was basically that my employer contested the claim and said I had 'failed to perform adequate work.' I was completely blindsided. How does a company eliminate an entire department for restructuring but then turn around and tell TWC I was let go for poor performance? So now I'm trying to figure out — can your previous employer deny unemployment like that? Do they just get to say whatever they want and TWC takes their word for it? I filed an appeal within the 14 days (the date at the top of the determination letter is what starts that clock, I learned quickly). Still requesting payment every two weeks so I don't lose those weeks if I win. Just genuinely confused about how much power a former employer actually has here and what my options look like going forward.
77 comments

Millie Long
Week three of my own appeal right now so this hits close. Your employer doesn't get to just deny your claim outright — what they can do is respond to TWC's notice with their version of what happened, and TWC weighs both sides before making a determination. The problem is when an employer says something like 'performance issues' and TWC can't verify otherwise without documentation from you. The hearing is really your chance to lay out your side with actual evidence.
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Santiago Diaz
AuthorThat framing helps a lot actually. So it's less about the employer 'denying' it and more about them giving a competing story that TWC then has to sort through?
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KaiEsmeralda
Exactly that. TWC mails your last employer a notice after you apply and gives them 14 days to respond. Whatever they put in that response shapes the initial determination. When their story and your story don't match, that's usually why adjudication or disqualification happens.
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Debra Bai
The 14 day thing is real — my former employer responded on day 13 with a whole essay about my attendance and I had no idea until I got the disqualification letter. Had to appeal it and bring in my own records.
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Gabriel Freeman
My claim got contested too and I needed to talk to a TWC agent before my hearing to ask about submitting documentation. Couldn't get through for days — kept hitting the busy signal loop. Used Claimyr (claimyr.com) and it held the line and connected me when an agent picked up. The agent told me exactly what documents I could reference during the telephone hearing and confirmed my appeal was properly filed. There's also a video showing how it works: https://youtu.be/V-IMvH88P1U
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Santiago Diaz
AuthorThe documentation piece is what I really need clarity on. My appeal hearing hasn't been scheduled yet — the packet can apparently take six to eight weeks to arrive — so I've got time to prepare but I want to make sure I'm not missing something obvious.
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Laura Lopez
Reached out to TWC myself last week about a different issue with my claim and it took me most of a morning before anyone picked up. Worth knowing that option exists if you need to actually speak with someone before your hearing.
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Victoria Brown
Preparing before the packet arrives is smart. When the hearing packet comes — usually five to ten days before the actual hearing — it has all the documents TWC will use, including what your employer submitted. That's when you'll really see what you're dealing with.
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Samuel Robinson
Restructuring layoffs and 'performance' disqualifications showing up together is unfortunately pretty common. What employers sometimes do is frame a department elimination as performance-related in their TWC response, hoping the claimant doesn't fight back. The Appeal Tribunal hearing is literally designed for situations like yours — one Hearing Officer, both sides present their account, and you can walk through the timeline of what actually happened.
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Santiago Diaz
AuthorAre there specific types of documents that tend to carry the most weight at these hearings? I have my termination notice, some emails about the restructuring, and my performance reviews from the past two years.
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Camila Castillo
All three of those sound useful. The termination notice specifically, if it says anything like 'position eliminated' or 'restructuring,' directly contradicts a performance misconduct claim. Performance reviews showing no documented issues help too. Keep everything organized chronologically.
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Brianna Muhammad
My HR background made me feel overconfident going into my own hearing and I still almost missed submitting a key document. Bring more than you think you need and be ready to explain the timeline in plain language, not HR speak.
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JaylinCharles
TWC's own definition of misconduct involves things like violating company policy, breaking the law, neglecting duties, or not doing the work adequately when you're actually capable of doing it. A department getting eliminated for restructuring doesn't fit any of those. If your employer is now claiming performance issues, they'd have to show something specific — a written warning, a performance improvement plan, documented incidents — not just a general claim. At your hearing, tell the Hearing Officer directly that the entire department was cut, not just you.
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Santiago Diaz
AuthorThey never issued me a PIP or any formal written warnings. My last performance review was actually above average. I do have documentation of the restructuring announcement that went to the whole team.
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Eloise Kendrick
That combination — no PIP, good reviews, department-wide announcement — is pretty strong for the appeal. The employer saying 'performance' in their TWC response without documentation to back it up is going to be a hard argument for them to sustain at a hearing.
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Lucas Schmidt
my company did the same thing to me two years ago, claimed i was let go for performance when it was definitely a budget cut. i brought my review scores and they had literally nothing on their side. hearing officer sided with me
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Freya Collins
Fourth week without a payment landing and I'm losing my mind a little reading this thread. Quick question though — the person above mentioned keeping up payment requests during the appeal. I stopped making mine for three weeks thinking I had to wait for the appeal to resolve before anything would process. Did I mess up?
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Millie Long
You need to get back to making those requests as soon as possible. TWC only pays for weeks you actually requested on time — the appeal winning doesn't automatically unlock unpaid weeks you didn't request. Log into UBS or call Tele-Serv and get those in now.
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JaylinCharles
To be specific about the timing: payment requests are due on a Sunday-to-Wednesday cycle every two weeks. If you miss that window, Thursday through Saturday of the same week is a late filing option. After that the week is gone. The appeal outcome doesn't go back and fill in weeks you never requested.
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Freya Collins
Okay I literally just opened UBS. This is the first time I've seen clearly what I was missing — I thought the whole account was frozen during the appeal. Filing right now for what I can still get.
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Santiago Diaz
AuthorGlad you caught that. I almost made the same mistake, someone in a different forum mentioned keeping up with requests and I went back and checked. It's one of those things TWC doesn't make super obvious.
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LongPeri
Something I want to flag for anyone reading who got disqualified and is thinking about NOT appealing because they already found a new job — winning the appeal still matters because it determines whether you're eligible for future claims after that job ends. A disqualification sitting on your record from a previous employer can follow you.
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Samuel Robinson
This is a point that more people should understand. The disqualification doesn't just affect this benefit year — the job separation determination can affect future claims too. The appeal process exists for a reason.
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Santiago Diaz
AuthorI hadn't even thought about that angle. Even if I got another job tomorrow, clearing this determination is worth pursuing.
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Laura Lopez
Two weeks before my own hearing date and still a bundle of nerves about it. For anyone who's been through the Appeal Tribunal — does the Hearing Officer ask a lot of questions or is it more like you each give a statement and they decide?
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Camila Castillo
It's conversational rather than a courtroom. The Hearing Officer will ask you questions, ask the employer (or their rep) questions, and both sides can respond to what the other says. It runs maybe 30 to 60 minutes in my experience. Being specific and calm goes further than being emotional about it.
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Gabriel Freeman
My hearing lasted about 40 minutes. The Hearing Officer walked through the timeline chronologically and asked clarifying questions when something wasn't clear. The written decision came about seven working days after.
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Laura Lopez
That's actually less intimidating than I was imagining. I kept picturing a full courtroom setup.
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Debra Bai
No lawyer required either, though you can bring one. Most people go in without one and do fine as long as they have their documents organized.
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Lucas Schmidt
employers do this all the time and it makes me so angry honestly. they know that a lot of people wont appeal and just give up so they throw something at the wall. the whole system makes it easy for them to contest and hard for the claimant to fight back
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KaiEsmeralda
The frustration is real but the appeal process does actually exist as a check on that. The Hearing Officer isn't taking the employer's word over the claimant's just because they're the employer — it comes down to documentation and what can be supported.
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Lucas Schmidt
i know i know, i've been through it and won. just saying the initial process favors whoever responds first with the most paperwork
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Brianna Muhammad
The 14-day response window is the same for both sides when it comes to appeals. The employer gets 14 calendar days from the mailing date, and so does the claimant.
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Eloise Kendrick
Just got my hearing packet in the mail today after about seven weeks of waiting. The employer submitted a two-page response claiming I had attendance problems — I have zero written warnings and my badge scan records show I was there every day I was scheduled. That's the kind of paper trail that matters here.
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JaylinCharles
Badge records, timesheets, emails from your manager — anything that creates a contemporaneous record of your attendance is exactly what you want. The employer's written response in that packet is their case. Your job is to show why it doesn't hold up.
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Santiago Diaz
AuthorHow did you get your badge scan records? Is that something HR has to give you or can you request them through some other channel?
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Eloise Kendrick
In my case I requested them from facilities management directly, not HR. Depends on your company's setup but it's worth asking specifically for that rather than just asking HR for 'records' generally.
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Victoria Brown
Registering a phone number with TWC before your hearing matters more than people realize. The instructions say to register 15 to 60 minutes before the scheduled time — not the day before, not an hour and a half before. That window is specific. Miss it and you might miss the hearing entirely.
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Laura Lopez
The hearing packet spells this out but it's buried in the instructions section. Setting a phone alarm for exactly 45 minutes before the hearing time is what I did.
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Santiago Diaz
AuthorGood to know — I haven't gotten my packet yet but I'll keep this in mind when I do. The last thing I need is to lose on a procedural thing when I have a solid case.
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Freya Collins
the instructions on this tripped me up during my first appeal. i registered too early and had to call in again. the system didnt recognize my number and i panicked for about ten minutes
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Oscar O'Neil
My employer contested my claim after I was laid off from a retail management job and I went through this same process about eight months ago. The determination letter said I had 'neglected my duties' — which was completely invented. What won my appeal was a chain of emails from my district manager about the store closing, sent two months before my termination. The employer rep at the hearing had nothing concrete to counter it.
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Santiago Diaz
AuthorThat's encouraging. I have something similar — a company-wide email about the department being 'sunset' that went out before any individual notifications. That email has my employer's name on it saying exactly what was happening.
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Camila Castillo
An email like that is about as direct as evidence gets. The employer would have to essentially argue against their own communication.
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Oscar O'Neil
Bring printed copies plus have them pulled up on your phone as backup. The Hearing Officer won't be looking at your screen but it's good to have everything accessible fast if a question comes up.
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Debra Bai
Claimyr also helped me get through to TWC the week before my hearing — I needed to verify my appeal was in the system and confirm the contact number they had on file for me. The agent updated my number right then, which probably saved me from missing the hearing call entirely.
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Laura Lopez
Confirming your contact info before the hearing is a smart move I hadn't thought of. Going to do that this week.
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Santiago Diaz
AuthorThe idea of missing the hearing because TWC had an old number on file is exactly the kind of thing that would keep me up at night. Good thing to verify ahead of time.
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KaiEsmeralda
One thing that sometimes trips people up — the 14 calendar days for the appeal runs from the date printed at the top of the determination letter, not from when you received it. If the letter sat in your mailbox for three days before you opened it, those three days still count.
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Lucas Schmidt
this is so important. i almost missed my window because i thought the clock started when i got the letter. check that date at the top the second you open anything from TWC
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Millie Long
And if you're worried about cutting it close, the online filing through UBS is the fastest option — it timestamps your submission immediately. Mailing a paper appeal in that situation is risky.
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LongPeri
Also worth knowing: the appeal can be filed online in UBS, dropped off at a Workforce Solutions office in person, or sent by mail or fax. Email and phone are not accepted methods — if you only called to tell them you were appealing, it doesn't count.
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Brianna Muhammad
Spent nine months in HR at a company that regularly contested unemployment claims and I'll be direct: the reason employers do it is partly financial. Benefits paid out can eventually affect what an employer pays into the system going forward. That said, contesting a claim with a false reason is a different thing than contesting with a legitimate dispute, and the hearing process usually surfaces that difference.
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Lucas Schmidt
interesting to hear it from that side honestly. still feels predatory when someone just got laid off and now has to spend weeks building a legal case
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Samuel Robinson
The appeal process isn't really a legal case in the formal sense though — no lawyer needed, no court fees, just a phone hearing with a Hearing Officer. It's designed to be accessible.
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Brianna Muhammad
Agreed that it's more accessible than it feels when you're in it. The intimidation factor of getting a disqualification letter is real but the actual hearing is a conversation, not a trial.
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Sara Hellquiem
About to file my own appeal this week after getting a disqualification for supposedly quitting voluntarily — I didn't quit, my hours got cut to basically nothing and I had to leave. Does the same 14-day rule apply to my situation even though it's a different reason for separation?
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JaylinCharles
Yes, the 14 calendar days from the mailing date applies regardless of what the disqualification is based on. File as soon as you can and explain in your appeal that the reduction in hours made the position effectively untenable. Document what your hours were before and after the cut.
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Sara Hellquiem
My hours went from 38 a week to 9. That's documented in my pay stubs. Good to know the same process applies.
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KaiEsmeralda
That kind of documented change — from nearly full-time to 9 hours — is substantive. Bring those pay stubs to the hearing organized by date.
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Camila Castillo
Reminder for anyone at the hearing stage: the written decision from the Hearing Officer usually lands within five to ten working days after the hearing. During that entire time you should still be making your payment requests on schedule. Winning the hearing doesn't automatically generate payments — TWC pays only the weeks you actually requested.
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Freya Collins
This is the second time I've seen this in this thread and I cannot stress enough how glad I am I read it before making that mistake again. Never stopping payment requests no matter what stage the appeal is at.
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Santiago Diaz
AuthorIt's become a bit of a mantra for me at this point. Keep requesting, keep documenting, keep the work search log current regardless of where the appeal stands.
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Samuel Robinson
The work search log piece is real too — TWC can ask for it at any time, and an appeal doesn't pause that requirement.
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Charlee Coleman
My situation is a little different — I was let go from a job and my employer contested, but while waiting I also picked up some gig work to cover expenses. Do I need to report those earnings even if the gig income is inconsistent week to week?
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JaylinCharles
Report what you actually earned each week — for gig work that's the net profit for that Sunday-to-Saturday period, even if it varies week to week. You report it in the week the work was done, not when you get paid. Up to 25% of your weekly benefit amount doesn't reduce your payment at all; above that, the excess comes off your payment dollar for dollar.
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Charlee Coleman
So if my benefit amount is around $400 a week, I could earn up to $100 from gig work without it changing my payment at all?
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JaylinCharles
That's the right math. And earning over that amount doesn't eliminate your payment entirely unless you earn more than your weekly benefit amount plus that 25% cushion — so for a $400 weekly amount, you'd need to earn over $500 in gig income to get zero payment that week. Report everything accurately regardless.
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Millie Long
Reporting consistently is important — not just financially but because inaccurate reporting is how overpayments happen. And TWC has to recover every overpayment, no exceptions.
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Liv Park
My cousin used claimyr.com to reach a TWC agent about her employer contesting her claim and said the agent was able to pull up her case notes and tell her exactly what her employer had submitted. She had no idea what the employer said until that call — the determination letter was vague.
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Santiago Diaz
AuthorThat would have been incredibly useful to me earlier in this process. I spent weeks guessing at what my employer actually wrote before the hearing packet arrived.
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Sara Hellquiem
Going to look into that before my hearing. Knowing what the employer submitted in advance rather than waiting for the packet sounds worth it.
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Leeann Blackstein
Final update for anyone following — my Appeal Tribunal hearing happened yesterday. Brought the restructuring announcement email, two years of performance reviews, and my termination notice. The employer rep said I had 'attitude issues' with no documentation whatsoever. Hearing Officer asked them specifically for any written record of that and they had nothing. The hearing was about 35 minutes. Waiting on the written decision now but the Hearing Officer's questions made the direction pretty clear. Still requesting payments.
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Oscar O'Neil
The lack of documentation on their side is the whole story. That's exactly how these things turn.
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Samuel Robinson
Good preparation and keeping those payment requests going — that's the right approach regardless of outcome. Hope the written decision lands quickly.
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Santiago Diaz
AuthorThis is the thread I started and it's genuinely surreal to post this update. If the determination comes back in my favor I'll follow up. The whole experience has been stressful but I feel like I actually understood what I was doing by the time the hearing happened — this thread helped more than I expected.
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Camila Castillo
Fingers crossed on the decision. Five to ten working days from the hearing date. Keep requesting in the meantime.
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