Employer filed appeal 7 MONTHS after my TWC benefits ended - How is this allowed?

omg that sounds insane!! i thought there were time limits on this stuff?? my cousin had something similar happen but it was like 3 weeks after, not 7 MONTHS. the twc system is so broken i swear

This is unusual but not impossible. Appeal deadlines apply differently to employers in certain situations. If TWC sent your former employer a reimbursement bill recently (they're often a quarter behind), that could have triggered their right to appeal. You need to gather ALL documentation from your original claim approval - determination letters, any communication about your separation reason, and your work search logs. You have a solid case if you were initially approved and followed all the rules during your benefit period. Also, even if they somehow win the appeal, you can request a waiver of overpayment since the initial determination was in your favor and you had no reason to believe you weren't entitled to benefits.

Thank you for the explanation. I'm trying to find all my old paperwork but I'm not sure I kept everything. The determination letter definitely said I was eligible because the termination wasn't for misconduct. I did all my work searches every week (the full 3 activities). Do you know if I absolutely have to attend this hearing? I've already moved to a different city for my new job and taking time off would be really difficult.

you NEED to attend the hearing or youll automatically lose!!! happened to my brother when he missed his hearing, they ruled against him by default. the hearings are usually by phone so you dont have to go anywhere physically. but seriously, if you dont show up they'll just assume youre guilty

Something similar happened to me but it was only 2 months after not 7!! I had to pay back $2,100 because my employer claimed I actually quit instead of being laid off (total lies). I tried fighting it but TWC believed them over me. The whole system favors employers its total BS.

This is definitely an unusual timeline, but TWC does allow employers to appeal within 14 days of receiving a chargeback statement, not just within 14 days of the original determination. It's possible your employer just received their statement showing the charges to their account. I would strongly recommend trying to reach a TWC representative before your hearing to ask specifically what the employer's grounds for appeal are. This will help you prepare your case. You can explain everything exactly as you did here. Trying to reach TWC by phone can be incredibly frustrating though - I spent 3 weeks trying before I discovered Claimyr (claimyr.com). They got me connected to an actual TWC agent in about 20 minutes instead of endless busy signals. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Completely worth it to get actual answers about your case before the hearing.

Just want to mention - the fact that you've already found a new job is actually helpful for your case. TWC is generally more lenient with overpayment cases when the claimant has demonstrated good faith in seeking and obtaining new employment. Make sure to mention your job search efforts and current employment during the hearing.

also if you do have to repay (hope not!!!) make sure to ask about a waiver for financial hardship. they dont advertise it but its a real thing! you have to provide bank statements and prove you cant afford to pay it back. worked for my cousin when they tried to make her pay back $3200

For the hearing itself: 1. Be 100% factual - don't exaggerate or try to make your former employer look bad 2. Emphasize that you followed all TWC instructions and reported accurately 3. Keep your answers brief and directly related to questions asked 4. Have your separation date, claim dates, and benefit amounts written down 5. Mention that you actively sought and found new employment The hearing officer will primarily want to determine if you were terminated for misconduct or if you quit without good cause. Since TWC already ruled in your favor initially, the burden of proof is largely on your former employer to show why that determination should be reversed.

keep us updated!! i hope it works out for you!! the system is so unfair sometimes.