Lost TWC appeal because employer locked me out of email evidence - need advice for winning second appeal

I went through a similar situation last year and ended up winning my second appeal. Based on my experience, here's what you should do: 1. DEFINITELY request a subpoena for your work emails through TWC. You can file this request as part of your appeal paperwork. Be very specific about which emails you need (dates, subject lines if you remember them). 2. The Appeal Tribunal has the power to order your employer to produce these records. Make this request formal and in writing on your appeal form. 3. Prepare a detailed written statement explaining the technical issues, how they weren't your fault, and specifically how the emails would prove this. Be extremely detailed about timeline, who was involved, what was communicated. 4. As for legal representation - it helped me tremendously. I paid about $600 for an unemployment attorney to handle my second appeal, and it was worth every penny given what was at stake (in my case about $9,500 in benefits). The key is to be extremely organized this time. Your first hearing was probably by phone and moved quickly. For the Commission Appeal, prepare a written statement, timeline, and formal request for those email records.

Ugh, this is EXACTLY why I hate these big companies!!! They fire u then lock u out so u have NO WAY to defend urself!!! The system is RIGGED against workers!!! My bf went thru similar BS last year - his manager wrote him up for stuff that never happened, then they blocked his email access right after firing him. This is why TWC needs to MAKE these companies prove that they're telling the truth instead of making US prove we're innocent!! So frustrating!!!!

I think you absolutely need to get legal help for this. When I had my appeal, I tried doing it myself the first time and lost because I didn't understand all the legal stuff they were asking. The second time I got help from Texas Rio Grande Legal Aid (they offer free legal help if you qualify based on income). Also if you can find any coworkers who knew about these tech issues, see if they will provide written statements for you. That worked for my case - had 2 former coworkers write statements confirming my side of the story.

Hey there, I had a hell of a time getting through to TWC to discuss my appeal last month. Busy signals for DAYS. Finally used this service called Claimyr (claimyr.com) and got through to a TWC agent in like 20 minutes instead of spending my whole day redialing. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Might be worth checking out if you need to talk to someone at TWC about the appeal process or subpoena stuff. The TWC rep I finally spoke with gave me some really specific advice that helped with my case.

heres what i learned from my appeal - if u cant get your old emails try these things: 1) check ur personal phone for any texts with coworkers about the call recording problems 2) look thru ur personal email - maybe u sent yourself anything from work 3) call records from the phone system might show if calls were dropped/had issues 4) performance reviews before the write-ups (if they were good) my appeal was different (attendance issue) but i won by showing the write-ups had wrong dates compared to my time sheets. look for ANY inconsistencies in their story!!

I actually work in HR and handle unemployment cases for my company (I know, I'm the enemy lol). But honestly, the reason employers often win these cases is preparation. They come with documentation, witnesses, and a clear timeline. For your second appeal, you need to: 1. Create a detailed timeline of events 2. Get witness statements if possible (former coworkers) 3. Request those emails via subpoena 4. Ask TWC to subpoena the call recording system logs to show the technical issues 5. If you have any performance reviews that were positive, bring those And yes, I'd recommend legal representation. The Commission Appeal is more formal than the first hearing. A lawyer who specializes in employment law will know what evidence to request and how to present your case effectively.

i was in this exact situation last year!! they said i was doing work avoidance but it was actually the stupid system not working right!! what happened with me was i lost my first appeal but i got a lawyer for the second one and we won! it cost me $750 but i was gonna have to pay back like $11,000 so it was worth it. my lawyer knew all the right things to say about burden of proof and stuff i never would have known. good luck!!

One more important thing I forgot to mention: You only have 14 days to file that appeal paperwork, but gathering evidence can take longer. Make sure you file the appeal form BEFORE the deadline, even if you don't have all your evidence yet. You can submit additional evidence later as you gather it. On the appeal form, clearly state that you're requesting a subpoena for specific work emails and call recording system logs. Also mention that you were denied access to crucial evidence that would prove your case. The Commission Appeals are more thorough than the first-level appeal hearings. They'll review the complete record from the first hearing plus any new evidence you provide. This is your chance to fix what went wrong in the first hearing.

I went through something very similar about 6 months ago - employer claimed "performance issues" but it was really system problems that weren't my fault. Here's what worked for me: 1. File your appeal IMMEDIATELY - don't wait. You can add evidence later but missing that 14-day deadline kills your case completely. 2. In your appeal, specifically request subpoenas for: - All emails between you and supervisors about the recording issues - Call system error logs for the time period in question - Any IT tickets or work orders about recording system problems 3. Get a lawyer if you can afford it. I know it seems expensive, but when you're looking at paying back $8,200, even spending $800-1000 on legal help is worth it. They know exactly what to request and how to present it. 4. Start gathering ANY evidence you might have - text messages, personal emails, screenshots, anything that shows you reported these technical issues. The good news is that second-level appeals are much more thorough. The Commission actually reviews everything instead of just rushing through like the phone hearings. You have a real shot at winning this if you can prove the technical issues were legitimate and that you tried to address them properly. Don't give up - the system isn't fair but it's not impossible to beat with the right preparation!

I'm really sorry you're going through this - it's such a stressful situation when you know you're in the right but can't prove it. I've been following similar cases in our community and wanted to add a few thoughts based on what I've seen work: 1. Document EVERYTHING you remember about those technical issues - dates, times, who you spoke with, what the problems were. Even if you can't prove it all right now, having a detailed written record will help your lawyer or help you present a coherent case. 2. Check if your company had an IT helpdesk system where you might have submitted tickets about the recording problems. Sometimes these systems keep records even after employees leave, and they could be subpoenaed. 3. Consider reaching out to your state representative's office - they sometimes have staff who can help navigate TWC issues and ensure you're getting fair treatment in the appeals process. 4. If you do hire a lawyer, make sure they specialize in unemployment law specifically. General employment lawyers might not know all the TWC-specific procedures and deadlines. The fact that you were initially approved shows that TWC found your case had merit. Don't let your employer's documentation intimidate you - companies often create paper trails after the fact to justify their decisions. Stay strong and fight this!