Suddenly terminated - TWC denied my benefits - need appeal advice ASAP

been there done that. twc sides with employers almost every time at first. definitely appeal!! you'll probably get a hearing over the phone where you both give your side. start gathering any emails that show positive feedback, screenshots of good performance reviews, anything that contradicts their "performance issues" claim. and write down exact timeline of events before they fired you.

I successfully appealed a misconduct termination with TWC last year. Here's what you need to do: 1. Submit your appeal within 14 days - can be done online through your TWC account or by mail. I recommend online for tracking purposes. 2. In your appeal statement, focus on facts not emotions. State that no warnings were given, mention the positive feedback, and request all evidence the employer has provided to TWC. 3. Gather documentation: emails showing good performance, any performance reviews, witness statements from coworkers (if possible), copy of employee handbook regarding disciplinary procedures. 4. You'll receive a hearing notice with a specific date/time (usually 2-3 weeks after appeal filing). It will include any evidence your employer submitted to TWC. 5. During the hearing, be professional and stick to facts. The hearing officer will give both sides time to present their case. Most importantly - the burden of proof is on the employer to prove misconduct. They must show you willfully disregarded their interests. Without prior warnings or documentation, they'll have a difficult time proving this.

I went through this EXACT situation in January. Fired without warning, denied benefits, had to appeal. The key is PREPARATION. The hearing is usually scheduled within 2-3 weeks of filing the appeal. An important point: in Texas, the legal standard for "misconduct" is pretty specific - it's not just poor performance. It requires willful disregard of the employer's interests. Without prior warnings or a paper trail showing you were violating known policies, they'll struggle to prove misconduct. Reach out to any coworkers who can vouch for your work. Get written statements if possible. And yes, ABSOLUTELY request your personnel file from HR in writing. They're required to provide it, though they might drag their feet. One thing that saved me was documenting EVERYTHING after being fired. Write down exactly what was said in the termination meeting while it's fresh. Note who was present. This will be valuable during your hearing. I was told I'd never get through to a TWC representative to discuss my appeal, but I used Claimyr (claimyr.com) and got connected to a TWC agent within 10 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. The agent was able to tell me what evidence my employer had submitted and gave me tips for the hearing.

TWC IS RIGGED AGAINST WORKERS!!! I went through 3 appeals and they sided with my employer EVERY TIME even though I had PROOF they were lying!!! The system is BROKEN and designed to protect companies not people!! Don't get your hopes up!!

First, take a deep breath. You have a good case if there were truly no warnings or documentation of performance issues. Texas is an at-will employment state, which means they can fire you for almost any reason (or no reason), BUT that doesn't mean you can't get unemployment. For TWC to deny benefits based on misconduct, your employer needs to prove you engaged in: 1. Willful disregard of their interests 2. Violation of reasonable policies that you knew about 3. Intentional wrongdoing Simple performance issues without warnings typically don't rise to the level of misconduct under TWC standards. For your appeal: - Be specific about the lack of warnings - Request a copy of your personnel file immediately (send a formal email to HR) - If possible, get statements from coworkers about your performance - During the hearing, keep responses factual and concise - Let the employer speak first so you can address their claims And importantly - continue to request payment each week during the appeal process! If you win the appeal, you'll receive all back payments from the weeks you requested.

my cousin work at twc and she say most people win appeals if theres no writeups. employers gotta have paperwork trail to prove misconduct. just be honest in hearing and you'll probably win

i was in the same boat last year!!! got fired from warehouse job with no warning and had to appeal. twc hearing was actually pretty quick, about 3 weeks after i filed appeal. make sure you call in right on time for the hearing!!! my hearing was scheduled for 10:15 and i called at 10:17 and they marked me as a no-show at first but then let me join. they asked me questions for like 20 mins, my old boss talked for like 10 mins, then they asked me for final statement. got decision letter 5 days later saying i won because no proof of misconduct. got all my backpay the next week

Hey I know this is a little off topic but does anyone know if I need to do work searches while my appeal is pending? I'm still requesting payment every 2 weeks but not sure if I need to be applying to jobs during this time?

One more important tip - when you're preparing for your hearing, organize your thoughts by timeline. Write down: 1. Your hire date 2. Any positive reviews or feedback (with dates) 3. The exact date and details of termination 4. Who was present and what was said Also, during the hearing, let your employer speak first. This gives you the advantage of hearing their claims before you present your side. Take notes during their testimony so you can address any false statements. And while waiting for your appeal, make sure you're still requesting payment every two weeks and completing at least 3 work search activities per week. Document these carefully, as you'll receive back payments for these weeks if you win your appeal.