Lost my TWC appeal hearing - any luck with second-level appeals after overpayment?

I had almost the exact same situation but my amount was $3200. Lost my first hearing cuz my boss lied about why I left. The Commission Appeals is a whole different ballgame tho. WAY more formal. I ended up winning my second appeal but heres what I did: 1) Got a statement from 2 coworkers about the REAL working conditions 2) Found emails proving my boss changed my schedule after promising he wouldnt 3) Brought documentation of my childcare hours showing it was IMPOSSIBLE to work new schedule BUT the biggest thing that helped was I actually recorded my resignation conversation on my phone (texas is one-party consent) and that proved my boss was lying about the circumstances. The commission totally reversed the decision and I didnt have to repay ANYTHING!!!! Stay strong!!!

I lost my TWC hearing last year and had to repay about $5,800. I tried the Commission Appeal but still lost. In my experience, its SUPER hard to win these cases without solid documented evidence. If it's just your word against the employer's, they tend to side with the employer. Not trying to be negative, just realistic based on what I went through.

I appeled twice and won the second time. But it took FOREVER!!!! Like 3 months of stress and wondering if I would have to pay back $7000!!!!! The TWC is such a mess honestly. Just have all ur paperwork super organized and write down EXACTLY what happened with dates and everything. Thats what helped me. Good luck!!!

I've helped several clients with Commission Appeals for TWC overpayment cases. Here's what you need to know: 1. The Commission Appeal is your last administrative remedy before having to go to civil court, so it's important to present your strongest case. 2. For a "voluntary quit" case where you're claiming constructive discharge (essentially forced to quit), you need to prove that a reasonable person would have quit under the circumstances AND that you made reasonable efforts to preserve your employment. 3. The schedule change affecting childcare might qualify IF you can prove: - The schedule change was substantial compared to what you were hired for - You attempted to work with your employer to find a solution - No reasonable alternatives were offered 4. Evidence is critical. Gather: - Original hiring documents showing agreed-upon schedule - Communications about the schedule change - Documentation of your attempts to resolve the issue - Any witness statements from coworkers - Childcare provider documentation showing hours/availability 5. The success rate for Commission Appeals is around 30-35% for claimants, but that increases significantly with proper documentation and preparation. Feel free to ask if you have specific questions about your case.

That's a good start, but try to gather more supporting evidence. The offer letter and texts will help establish your case, but see if you can also get: 1. A statement from your childcare provider confirming their hours and that they couldn't accommodate the new schedule 2. Any company policies regarding schedule changes 3. Documentation of any previous accommodations made for your childcare needs Also, in your appeal statement, be very specific about the financial hardship this caused and why it made continued employment impossible. The Commission tends to be more sympathetic when they see concrete evidence that you had no viable alternative.

Have you tried using Claimyr to get through to TWC? I was in a similar situation last month - couldn't get anyone on the phone for days. A friend recommended Claimyr (claimyr.com) and they got me connected to a TWC agent in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Talking to TWC directly before filing your Commission Appeal can be super helpful. The agent I spoke with actually gave me specific advice about what documentation would strengthen my case. Definitely worth trying before your appeal deadline.

Yes, the agent was surprisingly helpful! She reviewed my case notes and told me exactly which form I needed to submit with my appeal (a specific TWC voluntary separation form I didn't know about). She also suggested I include a written timeline of events and specifically address the points mentioned in my determination letter. The most valuable thing though was she explained exactly how the Commission interprets "constructive discharge" cases - they look for evidence that shows the working conditions changed so substantially that continuing employment would cause significant hardship. Getting that insider perspective really helped me frame my appeal correctly.

I won my Commission Appeal last year but only because I had an employment lawyer. Cost me $800 but saved me from repaying $6,300 so worth it. The TWC system is rigged against workers IMO. They just rubber stamp whatever employers say most of the time.

That's absolutely false information. I've worked with the appeal system for years, and TWC hearing officers are trained to apply the law impartially. Sometimes employers win, sometimes claimants win - it depends entirely on the evidence and circumstances. Spreading misinformation like this doesn't help anyone. Every case is judged on its own merits.

For what it's worth, I've been through three different TWC appeal situations over the years (lost one, won two), and in my experience, it really does come down to evidence and how well you present your case. For your constructive discharge situation, you need to focus on proving these key elements: 1. The schedule change was a substantial change to your working conditions 2. The change made continued employment unreasonably difficult 3. You made reasonable efforts to resolve the situation before quitting The Commission Appeals level is more formal but also more thorough. They'll review the entire case from scratch, not just the hearing officer's decision. In my successful appeals, I made sure to specifically address why the hearing officer's reasoning was flawed and provided additional evidence. Good luck with your case!

Yes, you can definitely submit new evidence with your Commission Appeal! That's one of the advantages of this level of appeal - you get a fresh review and can add documentation you might not have had ready for the first hearing. In my second case, I initially lost because I didn't have enough documentation of my job search efforts. For the Commission Appeal, I went back and got detailed records from all the employers I had contacted, including emails and application confirmations. That new evidence made the difference. Make sure to clearly explain why any new evidence wasn't presented at the first hearing (in your case, maybe you didn't realize how important the detailed childcare documentation would be). The Commission is generally good about considering new evidence if you have a reasonable explanation for why it wasn't presented earlier.