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Do you automatically win TWC appeal if employer no-shows?

So my appeal hearing is scheduled for next Thursday, and I'm seriously stressed about it. My former boss terminated me claiming I violated company policy, but I have documentation proving otherwise. I've heard rumors that if the employer doesn't show up for the appeal hearing but I do, I automatically win? Is this actually true? Also, how quickly does the TWC system update after the hearing is done? Will I know right away or will it be days/weeks before I find out the decision? Really need this to go my way since I've been without benefits for almost 2 months now.

While it definitely helps your case if the employer doesn't show, it's not an automatic win. The Hearing Officer still reviews all evidence submitted before the hearing, including anything your employer may have sent in advance. However, if they're not there to challenge your testimony or cross-examine you, your version of events usually carries more weight. As for updates, don't expect anything immediate. The Hearing Officer typically issues a written decision within 7-14 days after the hearing. You'll receive it by mail first, and then the online system will update. Make sure you still request payment during this waiting period if you're eligible.

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Thank you! Do you know if I need to specifically mention my documentation during the hearing or will the Hearing Officer already have access to everything I submitted with my appeal?

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my boss didnt show up to mine last year and i still lost lol. depends on the hearing officer i guess

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Ugh, that's discouraging :( Sorry that happened to you. Did you have documentation or just your testimony?

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just my word against their written statement. bring EVERYTHING u got

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The system can take FOREVER to update!!! I had my appeal hearing 3 weeks ago and just got the determination letter yesterday. The online portal still hasn't updated though. It's ridiculous how slow everything moves with TWC. Even when you win, you still have to fight to actually get paid. Also, make sure you've practiced what you're going to say. The hearing officers can be really intimidating and they interrupt you a lot. Have your points organized and speak clearly. Good luck!

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Thanks for the tips! Did you eventually get all your back pay after you won?

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I'm an unemployment advocate who's helped with many TWC appeals. Here's what you need to know: 1. No-shows by employers do NOT guarantee victory, but they significantly improve your odds. The Hearing Officer must still determine if your separation qualifies you for benefits based on evidence and testimony. 2. Have all your documentation organized and numbered. When referencing a document, clearly state which exhibit number you're referring to. 3. The hearing officer typically makes a decision within 1-2 weeks, but the written determination might take 2-3 weeks to arrive by mail. 4. The online system usually updates 3-5 business days AFTER the written determination is issued. 5. Continue requesting payments every two weeks during this process. Best of luck with your hearing!

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This is incredibly helpful! Should I send additional copies of my documentation to the hearing officer before the hearing, or will they already have what I submitted with my appeal?

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If you need to reach TWC before your hearing to confirm they have all your documentation, I'd recommend using Claimyr (claimyr.com). I was in a similar situation and needed to make sure TWC had received everything. Spent days trying to get through on my own with no luck. Claimyr connected me to a TWC agent in about 25 minutes. You can see how it works in their video demo: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh It was worth it to have peace of mind that all my evidence was properly filed before my hearing date.

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Thanks, I might check that out. I'm worried some of my documents didn't get uploaded properly when I filed the appeal.

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I had a hearing last month where my employer didn't show up. The hearing officer still asked me TONS of questions and I had to defend myself anyway. Got approved though! System updated exactly 9 days later. The determination letter came in the mail first, then the online system changed to "eligible" a few days after that. Don't stress if it takes time – that's normal.

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9 days?!? You got lucky! Mine took almost a month before everything was properly updated and I started receiving payments again. The TWC system is so inconsistent.

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My friend works at TWC (not in appeals tho) and she says they're SUPER behind on everything right now. Even if you win your appeal, expect it to take at least 2-3 weeks before you see any movement on your claim. And yeah, no-show from employer helps but doesn't mean automatic win.

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That's good insider info, thanks! Did your friend mention if there's anything specific I should do to help speed things up after the hearing?

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she said just keep requesting payment on your regular schedule no matter what. if u miss a request date it can mess everything up even worse

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One more important tip: At the start of the hearing, when they ask if you have any additional evidence to submit, speak up if you do! Once the hearing starts, it's very difficult to get new evidence considered. Also, it's completely normal to be nervous, but try to stick to facts rather than emotions. Hearing officers are looking for clear timelines and specific incidents, not general complaints about your employer. The system usually updates within 7-14 days after a decision is made, but it can occasionally be faster or slower depending on current TWC workload.

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Great advice - I'll definitely focus on the facts. Is it better to write out my points beforehand or will that seem too rehearsed?

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Having bullet points prepared is actually recommended! Just don't read a script word-for-word as it can sound unnatural. Outline the key events, dates, and facts you want to mention, and have copies of your evidence in front of you so you can reference specific details when needed.

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