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.

I'm in a similar situation right now - got denied for "misconduct" after being terminated for attendance issues related to my kid getting sick multiple times. Just wanted to add that you should also request a copy of your personnel file from your employer if you haven't already. Sometimes there are notes or documentation in there that can actually help your case, like if they noted that you called in or explained your situation. Also, don't let them intimidate you during the hearing. My friend went through this last year and said her former manager tried to make it sound way worse than it was, but the hearing officer saw right through it. Stick to the facts and timeline of what actually happened. One more tip - if you qualify for legal aid services, definitely reach out to them even if you decide to represent yourself. They can at least review your case and give you advice on what to focus on during the hearing. Texas Legal Services has a hotline specifically for unemployment issues.

I went through something really similar about 6 months ago - got denied for "misconduct" after missing work due to my elderly parent's medical emergencies. I was so stressed about whether to get a lawyer or not, but I ended up representing myself and actually won! Here's what really helped me: I organized everything chronologically and made a simple timeline showing each incident, what I communicated to my supervisor, and when. I also printed out all my text messages and emails where I explained the situation to my boss. The hearing officer seemed to really appreciate that I was organized and could clearly explain that these weren't just random absences - they were legitimate emergencies. The hearing itself was way less scary than I thought it would be. It was just a phone call, lasted about 30 minutes. The key thing is to stay calm and factual even if your former employer exaggerates or lies about what happened. Since you already have those texts with your supervisor about the childcare issues, you're in a good position. Just make sure you can clearly explain WHY each incident happened and that it wasn't something you could control. Good luck!

I just went through this exact situation 3 months ago! Got denied for "misconduct" after being late due to my son's daycare having COVID closures. I was terrified about the appeal but decided to represent myself to save money. Here's what worked for me: - Made copies of ALL communication with my employer about the childcare issues (texts, emails, even wrote down verbal conversations with dates/times) - Created a simple one-page summary showing the 3 dates I was late, why each happened, and what I told my supervisor - Found the specific section in my employee handbook about progressive discipline (turns out they skipped steps!) The hearing was actually pretty straightforward - just a conference call with me, my former manager, and the hearing officer. My ex-boss tried to make it sound like I was constantly late, but I had my documentation ready to show it was only those 3 specific incidents tied to childcare emergencies. Won my case and got back pay for all the weeks I was denied! The hearing officer said the key was proving the tardiness was due to circumstances beyond my reasonable control, which childcare emergencies definitely qualify as. You've got this! Having those texts with your supervisor is huge. Just stay organized and factual during the hearing.

I've been following this thread and wanted to share my experience from a few months back. I was in almost the exact same situation - denied for "misconduct" after being terminated for tardiness due to my daughter's medical appointments that couldn't be scheduled outside work hours. I decided to represent myself and it was honestly the best decision. The hearing officer was very fair and asked specific questions about whether I had communicated with my employer and if the tardiness was within my control. Having documentation was key - I had appointment confirmations, texts to my supervisor, and even a letter from my daughter's doctor explaining the medical necessity. What really helped was preparing a short statement (like 2-3 sentences) explaining that while I understood I violated attendance policy, it was due to unavoidable family circumstances that I communicated to my employer. I practiced saying it out loud so I wouldn't get flustered during the hearing. The whole process took about 6 weeks from appeal to decision, and I won! Got all my back benefits too. Don't let them intimidate you - Texas law recognizes that good cause exceptions exist for attendance issues when they're truly beyond your reasonable control. Based on what you've shared about having texts with your supervisor about childcare issues, you're in a strong position. Save your money and represent yourself - you've got this!