Denied TWC benefits - is hiring an attorney worth it?

no need for a lawyer tbh. I won my appeal by myself last year. Just explain ur situation clearly at the hearing and have documentation of any communications with ur boss about the childcare issues. The appeal officers are usually pretty fair

OMG I went through EXACTLY this last month!! I got denied for "misconduct" too but it was total BS. My employer lied about why they fired me. I was so angry I couldn't even think straight when I got that determination letter. I did NOT get a lawyer and I LOST my appeal. Wish I had gotten one now. They basically just believed whatever my employer said. MAKE SURE you have EVERYTHING documented!!!!! Like seriously EVERY conversation or email about your tardiness and childcare issues. If you don't have proof they will side with the employer 100%. Good luck!!!!!

Whether you need an attorney depends on the complexity of your case and what evidence you have. In Texas, the misconduct standard requires that the employer prove you deliberately violated a company policy. Being late due to childcare issues is not necessarily misconduct, especially if you communicated these challenges to your employer. For your appeal hearing: 1. Gather any documentation showing you notified your employer about childcare issues 2. Get your attendance records showing it was only 3 times in 2 months 3. Print a copy of the company handbook regarding tardiness policy 4. Prepare a timeline of events including warnings received 5. Be ready to explain why your actions weren't deliberate "misconduct" Many people successfully represent themselves in TWC appeals. However, if your former employer will have legal representation or if there are complex legal issues (like whether childcare problems qualify as "good cause"), having an attorney could be beneficial. The Texas Rio Grande Legal Aid or Legal Aid of NorthWest Texas offer free legal services for unemployment cases if you qualify financially.

I went through this last year and found out that getting through to TWC to ask questions about my appeal was nearly impossible. After getting disconnected 8 times and wasting 3 days trying, I used a service called Claimyr (claimyr.com) that got me connected to a TWC agent in under 20 minutes. There's a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent I spoke with was actually super helpful and explained exactly what I needed to prepare for my appeal hearing. She even told me what specific questions the hearing officer would likely ask. Regarding attorneys - I represented myself and won my appeal. The hearing officer was fair and listened to my side. Just make sure you're organized, have all your evidence ready, and can clearly explain why being terminated for childcare issues shouldn't be considered misconduct.

hey so i had an appeal hearing about 2 months ago for misconduct too and i didnt use a lawyer. i mean the whole thing lasted like 25 minutes. hearing officer called me, called my old boss, asked us both questions, let us talk. pretty simple. i won my case btw. just be super calm and dont get emotional even if your boss lies. that was my mistake at first, i started getting angry and the hearing officer had to tell me to calm down lol but ya if u have proof that u told them about childcare issues that should help ur case alot. when is ur hearing scheduled?

To address your follow-up question about the company handbook: The fact that your handbook mentions 3 tardies can result in termination doesn't automatically make it misconduct for TWC purposes. TWC defines misconduct as "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the health or safety of others, criminal behavior in connection with employment, or intentional wrongdoing or malfeasance." The key factor is whether your tardiness was within your reasonable control. If you can demonstrate that: 1. Your childcare issues were unexpected/unavoidable 2. You communicated these issues to your employer 3. You made reasonable efforts to find alternatives Then you have a good chance at winning your appeal even without an attorney. The hearing officer will consider whether a reasonable person in your situation would have been able to avoid being late. Make sure to clearly explain the specific childcare emergencies that occurred and why they were beyond your control.

Has anyone else noticed how IMPOSSIBLE it is to get straight answers from TWC about appeals?? Their website is so confusing and when I finally got someone on the phone they just read me the same stuff that was on the determination letter. Useless!! I spent like $2500 on an attorney for my case and STILL lost because the hearing officer just didn't care about my side at all. The whole system is designed to reject as many claims as possible! And now I'm stuck with debt from the attorney fees on top of everything else. So yes get a lawyer if you can afford one but even that's no guarantee!!!!

One thing I learned going through my appeal that might help you: get the TUCA handbook online. It's the Texas Unemployment Compensation Act handbook that the hearing officers use. Look up the sections on misconduct and especially search for precedent cases related to attendance issues and family emergencies. I actually cited a previous case during my hearing where someone had childcare issues and still qualified for benefits, and the hearing officer seemed impressed that I'd done my homework. You can find the handbook on the TWC website under the Appeals section. During your hearing, focus on explaining that your tardiness was: 1) Limited (only 3 times) 2) For a good cause (childcare emergency) 3) Communicated to your employer This approach is often more effective than spending money on an attorney. Just be organized and professional during the hearing.