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.

I went through a similar situation about 6 months ago and successfully won my Commission Appeal! Here's what really helped me: The key is treating this like a completely new case, not just an appeal of the first decision. I organized everything chronologically and wrote a detailed statement explaining exactly why the hearing officer's decision was wrong based on the evidence. For your childcare situation, definitely get documentation showing: - Your children's school dismissal times - After-care program hours and costs - Any attempts you made to find alternative childcare that failed due to cost or availability I also recommend writing a clear timeline of events leading up to your resignation, including every conversation or email about the schedule change. The Commission really focuses on whether you had "good cause" to quit, and proving the schedule change created an impossible situation is crucial. One more tip - when you file your Commission Appeal, include a cover letter summarizing your main arguments. Mine was about 2 pages and clearly laid out why the hearing officer's decision was factually and legally incorrect. It seemed to help them understand my case better. Don't give up! The Commission Appeals process is definitely more thorough than the first hearing. You've got this!

I'm in a very similar situation right now - just got my determination letter saying I owe back $3,200 and my employer is claiming I quit when I was actually pushed out due to harassment from my supervisor. Reading through all these responses is giving me so much valuable information! @Miguel Ramos - thank you for mentioning Section 207.045 of the Texas Labor Code! I had no idea I should be citing specific legal standards in my appeal. I was just planning to tell my story again but now I understand I need to show how my situation fits the legal definition of "good cause." @Kai Santiago - your situation with the childcare conflicts sounds really compelling. The fact that you have your original offer letter specifying different hours is huge! That's exactly the kind of documented evidence everyone is saying you need. One question for anyone who's been through this - how long did it take from filing your Commission Appeal to getting a decision? I'm trying to plan financially in case I need to start making payments while waiting for the appeal outcome. The uncertainty is killing me! Also, has anyone had success getting the overpayment waived entirely rather than just winning the appeal? I've heard there might be hardship provisions but I can't find clear information about how that works.

I'm going through a very similar situation right now - lost my first hearing and facing a $2,800 overpayment demand. My employer claimed I abandoned my job when I actually had to leave due to a medical condition they wouldn't accommodate. Reading through everyone's experiences here has been incredibly helpful! I had no idea about the specific legal standards I should be citing or that I could submit new evidence at the Commission level. @Fidel Carson - your breakdown of what's needed for constructive discharge cases is exactly what I needed to see. I think my medical accommodation situation might fall under similar principles. @Wesley Hallow - the cover letter approach is brilliant! I was just going to fill out the standard forms but having a clear summary upfront makes so much sense. For anyone still working through their appeals - I found out you can request an expedited review if you're facing financial hardship from the overpayment. It doesn't guarantee a faster decision but it's worth asking for when you file your Commission Appeal. Stay strong everyone! It sounds like there's definitely hope if we put together solid cases with proper documentation.

I just want to say thank you to everyone sharing their experiences and advice here! I was feeling completely hopeless after losing my first hearing, but reading through all these responses has given me so much valuable information and renewed hope. The key takeaways I'm getting are: 1. Treat the Commission Appeal as a completely fresh case, not just an appeal 2. Gather as much documented evidence as possible - especially anything showing I tried to work with my employer first 3. Cite specific legal standards like Section 207.045 of the Texas Labor Code 4. Write a clear cover letter summarizing my arguments 5. Get statements from my childcare providers showing the schedule conflict was impossible to resolve I'm going to spend this weekend organizing everything chronologically and gathering all the additional evidence people have suggested. The fact that I can submit new documentation at this level is huge! For anyone else going through this nightmare - don't give up! It sounds like the Commission Appeals process is much more thorough and fair than the initial hearings. We've got this! 💪 I'll update this thread once I file my appeal and let everyone know how it goes. This community support means everything right now.

I'm currently going through my own TWC nightmare and this thread has been incredibly valuable! I lost my initial hearing last month over a $3,900 overpayment - my employer claimed I was fired for poor performance when I was actually let go after reporting safety violations to OSHA. What really resonates with me from everyone's advice is treating the Commission Appeal as a completely fresh start. I made the mistake in my first hearing of assuming the hearing officer would understand the context, but now I realize I need to spell everything out with documentation. @Fidel Carson - your breakdown of evidence requirements is exactly what I needed. I have emails showing I reported the safety issues and my supervisor's retaliation afterwards, plus OSHA correspondence. Sounds like documenting the timeline and showing I had no reasonable alternative will be key. @Isaiah Sanders - I'm definitely going to try Claimyr to get through to TWC. I've been trying to call for two weeks with no luck and I need to understand exactly what the hearing officer found lacking in my case before I file my Commission Appeal. One question for the group - has anyone dealt with a retaliation case specifically? I'm wondering if there are additional protections for whistleblower situations that I should be citing in my appeal. The safety issues I reported were serious (exposed electrical wiring) and I feel like I had a legal obligation to report them. Thanks everyone for sharing your experiences. It's scary facing these overpayments but knowing others have successfully navigated the Commission Appeals process gives me hope! 💪

I'm going through almost the exact same situation right now! Just lost my TWC hearing two weeks ago and they're demanding I pay back $4,200. My employer claimed I quit without notice, but the reality is they kept cutting my hours until I couldn't afford to stay - classic constructive discharge. Reading through everyone's experiences here has been so incredibly helpful and given me hope that I'm not totally screwed. I had no idea I could submit new evidence at the Commission Appeals level or that I should be citing specific legal codes. I was planning to just rehash the same arguments from my first hearing, but now I understand I need to approach this completely differently. @Fidel Carson - your legal breakdown is exactly what I needed to see. I think I can prove constructive discharge since they cut my hours from 40/week to 15/week over two months, making it impossible to pay my rent. I have pay stubs showing the hour reduction and texts with my manager where I asked for more hours and was told "business is slow." @Isaiah Sanders - definitely going to try Claimyr tomorrow. I've been trying to reach TWC for over a week and it's impossible. Getting insight into why the hearing officer ruled against me before I file my Commission Appeal could be crucial. The most encouraging thing I'm seeing from everyone is that the Commission Appeals process seems much more thorough and fair than the initial hearings. I'm going to spend this week gathering all the additional documentation people have suggested and organizing everything chronologically. Thank you all for sharing your stories and advice - this community support means everything when you're facing thousands in overpayment demands! I'll definitely update once I file my appeal. 🙏