Multiple TWC appeals from employer who missed deadline - can they keep appealing after benefits exhausted?

Omg yes!!!!! My old boss did something similar. He missed the deadline then tried to say he never got the paperwork (BS!) then got TWC to give him an appeal. He did show up to that one but then when he lost he filed ANOTHER appeal saying he had \

5 MONTHS?? That's insane! Did you have to pay back any benefits when it was all done? That's my biggest fear right now.

Yes, you absolutely need to attend the second appeal hearing even though your benefits are exhausted. If you don't show up, the employer will likely win by default, and TWC could issue an overpayment determination requiring you to repay all benefits received.\n\nThe TWC appeals process allows for two levels: first to the Appeal Tribunal, then to the Commission Appeals. It sounds like you're at the Commission Appeals stage. The fact that your employer missed the original 14-day deadline doesn't automatically disqualify them as Texas allows for \

Thank you for explaining this. I'll definitely show up prepared. I have all the original determination letters showing they missed deadlines. I'm just frustrated that they get so many chances when I've done everything right.

same thing happened to my cousin. employer kept filing appeals even tho they missed the first hearing. twc lets employers get away with anything but if WE miss one deadline were screwed. system is rigged against workers!!!

I've seen this happen a few times with clients I've helped. Here's what you need to understand: TWC has specific criteria for what constitutes \

This is so true! My employer tried claiming they \

I went through something similar and spent WEEKS trying to get hold of TWC to understand why my employer kept getting new hearings. I called literally hundreds of times and either got busy signals or was disconnected. Eventually I found Claimyr (claimyr.com) which got me connected to an actual TWC agent in about 20 minutes. The agent explained exactly what was happening with my case and what to expect. They have a video demo at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh that shows how it works. Saved me days of frustration and constant redialing.

Thanks for this. I might need to try that service if I can't get answers. I've been trying to call TWC all week to understand why they're allowing a second appeal and what happens now that my benefits are exhausted.

Your employer is probly hoping u wont show up for the 2nd hearing so they win by default. Dont give them the satisfaction! Also what kind of business is this? some industries are notorious for fighting every single claim no matter what

It's a small construction company. The owner is extremely petty and was furious when I filed for unemployment. He told other employees he'd \

i had an employer appeal after my benefits ran out too. they just do it hoping youll give up and not show. i showed up and won anyway but it was super annoying having to take time off my new job for the hearing.

The good news here is that since you were already found eligible and paid benefits, the burden is on the employer to prove misconduct. Since they've already missed one hearing, the Appeals Commission will likely view their second appeal skeptically.\n\nA few practical tips for your hearing:\n\n1. Keep your statements focused on facts, not emotions\n2. Bring a timeline document showing all dates (when you were terminated, when TWC approved, when employer missed deadline, when first appeal was scheduled, etc.)\n3. If the hearing is by phone, be in a quiet place with good reception\n4. Have your separation documents ready\n5. Address the hearing officer as \

This is incredibly helpful advice. I've started putting together a timeline document with all the dates and notices. The hearing is next Tuesday by phone. I'll make sure to be somewhere quiet and have all my documents ready.

Question - did you get a determination letter after the first appeal that your employer missed? That letter should say something about the results of that hearing. Usually if employer doesnt show up you automatically win that hearing.

Yes, I got a letter saying the Appeal Tribunal upheld the original decision since the employer failed to appear. It specifically mentioned they had no good cause for absence. That's why I'm so confused about why they're getting another chance!

This second appeal is likely a Commission Appeal, which is allowed under Texas law regardless of whether they attended the first Appeal Tribunal hearing. The Commission reviews the case to ensure the Appeal Tribunal applied the law correctly.\n\nHowever, since your benefits are exhausted, the main risk here is an overpayment determination. If the Commission somehow reverses the earlier decisions, TWC could demand repayment of all benefits paid.\n\nMake sure to clearly articulate at the hearing that:\n1. The employer missed the 14-day deadline to respond initially\n2. They failed to appear at the first appeal without good cause\n3. You've relied on these benefits in good faith based on TWC's determination\n4. You were not terminated for misconduct (be ready to explain specific details about your separation)\n\nAlso, request that they explain why the employer is considered a party of interest despite missing deadlines. Sometimes just asking this question helps spotlight the procedural issues.

Update: I called TWC (finally got through after dozens of attempts) and the agent explained this is a Commission Appeal, which the employer can file regardless of whether they attended the first hearing. Apparently, they're claiming they had

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That's a great point. I'll make a note to ask about that if it doesn't come up. Thank you!

I went through almost the exact same situation last year! My former employer missed the initial deadline, then filed an appeal weeks later, and when they didn't show up to the first hearing, they were somehow allowed to file yet another appeal. It's incredibly frustrating how the system seems to give employers endless chances while we have to jump through every hoop perfectly. In my case, I did have to attend the second hearing (which was indeed a Commission Appeal), and I'm glad I did because the employer actually showed up that time with a lawyer. They tried to argue that they had "good cause" for missing everything, but since I had documented all the timeline issues and came prepared with my separation paperwork, I was able to successfully defend my case. The key thing that helped me was pointing out the pattern of non-compliance and asking the hearing officer to explain why procedural deadlines seemed to only apply to claimants, not employers. I also emphasized that I had been collecting benefits in good faith based on TWC's original determination and had relied on that income. Definitely attend your hearing next Tuesday - don't let them win by default after putting you through all this hassle. You've got this!

I'm dealing with a similar situation right now and this thread is so helpful! My employer also missed the initial deadline, then got an appeal hearing that they didn't attend, and now somehow they've been granted ANOTHER appeal. It's mind-boggling how the system works in their favor while we have to be perfect with every deadline. What really gets me is that TWC agents always tell us claimants that missing deadlines has consequences, but employers seem to get unlimited second chances. I've been collecting benefits for months based on TWC's original determination, and now I'm terrified they'll make me pay everything back if this employer suddenly wins on their third try. Has anyone here actually had to repay benefits after winning initially and going through multiple employer appeals? That's my biggest fear going into my upcoming hearing. The stress of this whole process is exhausting - I just want to move on with my life but they keep dragging it out.

I'm going through something very similar right now and this whole thread has been incredibly eye-opening! My former employer also missed the initial 14-day deadline to contest my benefits, then suddenly filed an appeal about 3 weeks later. I won that first appeal hearing (employer didn't show up AGAIN), but now I just received notice that they've filed another appeal to the Commission. What's really frustrating is that when I called TWC to ask why employers get so many chances, the agent basically said "that's just how the appeals process works" but couldn't explain why the same grace isn't extended to claimants. If I had missed any deadline, my case would have been closed immediately. I'm scheduled for my Commission Appeal hearing in two weeks, and reading everyone's experiences here has really helped me understand what to expect. I've been documenting everything - every missed deadline, every no-show, every determination letter. It's ridiculous that we have to defend benefits we were already legally awarded, but I guess that's the system we're dealing with. To the original poster - definitely show up to your hearing on Tuesday! From what I'm reading here, being prepared with your timeline and documentation seems to be the key to success, even when employers bring lawyers. Good luck!

I'm also dealing with this exact same situation and it's so frustrating! My employer missed the initial deadline, didn't show up to the first appeal, and now they've somehow been granted a Commission Appeal. What really bothers me is how TWC seems to bend over backwards to accommodate employers who can't follow basic procedural rules, but if we claimants miss anything we're immediately penalized. I've been reading through all these responses and it's clear this is a pattern - employers use the appeals process as a way to exhaust and intimidate claimants into giving up. The fact that your benefits have run out but they're still pursuing this shows it's purely vindictive at this point. From what I've learned, you absolutely need to show up to that Commission Appeal on Tuesday. Don't let them win by default after all the hoops you've already jumped through. Document everything - the missed deadlines, the no-shows, all of it. The hearing officers do pay attention to patterns of non-compliance. Stay strong and don't let this petty employer wear you down. You were legitimately entitled to those benefits and TWC has already confirmed that twice. Good luck with your hearing!

This whole thread is so reassuring! I'm going through the exact same nightmare right now - employer missed the original deadline, no-showed the first appeal, and somehow got approved for a Commission Appeal. It's absolutely maddening how the system gives employers unlimited chances while holding us to impossible standards. What's really helped me prepare after reading everyone's experiences is creating a detailed timeline with every single missed deadline and procedural failure by my employer. I'm also bringing printed copies of all determination letters showing the pattern of non-compliance. The fact that so many people have successfully defended these cases, even when employers bring lawyers, gives me hope. The vindictive nature is so obvious when they keep appealing after benefits are exhausted - they're clearly just trying to force repayment out of spite. But hearing from people like Emma Wilson who won despite the employer lawyering up shows it's definitely beatable with proper preparation. To everyone dealing with this - we need to show up and fight back against these intimidation tactics. They're counting on us getting worn down and giving up, but we have every right to those benefits and multiple TWC determinations backing us up. Don't let petty employers win through pure harassment!

I'm so sorry you're dealing with this frustrating situation! I went through something very similar last year where my employer kept getting chances despite missing every deadline. What really helped me was understanding that this is unfortunately a common employer tactic - they know most people will get worn down and either not show up to hearings or just give up entirely. Since your benefits are exhausted, the main risk now is having to repay everything if they somehow win this Commission Appeal. But here's the thing - you've already won twice (initial determination and first appeal), so you're in a strong position. The burden is on them to prove misconduct, not on you to prove innocence. My advice: definitely attend that Tuesday hearing! Bring copies of everything - the original determination, the notice showing they missed the 14-day deadline, the results from the first appeal they didn't attend. Create a simple timeline document showing all their failures to comply with deadlines and procedures. Also, don't be intimidated if they bring a lawyer. I've seen people successfully defend these cases by just sticking to the facts and pointing out the pattern of non-compliance. You collected those benefits in good faith based on TWC's official determination - you did nothing wrong. Stay strong and don't let them wear you down with these harassment tactics. You've got this!