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

\

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