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.

I went through almost the exact same situation 6 months ago - fired without warning after positive feedback, denied benefits for "misconduct." I won my appeal and here's what made the difference: 1. I submitted my appeal online the same day I got the denial letter. Don't wait - the 14-day clock starts ticking immediately. 2. In my appeal statement, I kept it short and factual: "I was terminated without prior warnings or disciplinary action. I had received positive feedback as recently as [date]. I request a hearing to contest this determination." 3. The hearing was scheduled exactly 18 days after I filed my appeal. The hearing officer was fair and asked good questions. 4. What won it for me: I had screenshots of positive feedback emails and my employer couldn't produce any documentation of performance issues or warnings. The hearing officer said without progressive discipline or clear policy violations, performance concerns don't constitute misconduct under Texas law. 5. I received my decision letter 4 days after the hearing - approved for benefits with full back pay. The key is that "misconduct" has a very specific legal definition in Texas. Poor performance without warnings typically doesn't meet that standard. Stay calm, gather what documentation you can, and present the facts clearly. You've got a strong case based on what you've described. Also, definitely use that Claimyr service someone mentioned if you need to speak with TWC directly - it really does work and saves hours of trying to get through.

I'm a former TWC hearing officer and can offer some insight into how these appeals are evaluated. Your case has several strong points working in your favor: 1. **No progressive discipline**: This is crucial. Texas misconduct standards require employers to show you had knowledge that your actions could lead to termination. Without warnings or write-ups, this is very difficult to prove. 2. **Recent positive feedback**: This directly contradicts their "performance issues" claim and shows their termination reasoning is inconsistent. 3. **Burden of proof**: The employer must prove misconduct occurred - not just that they were unhappy with your work. There's a big legal difference between "at-will termination" and "termination for misconduct." For your hearing preparation: - Request your complete personnel file in writing (they have 31 days to provide it under Texas Labor Code) - If you have any text messages, emails, or voicemails with positive feedback, save them - Write a chronological summary of events leading to termination - Stay factual during the hearing - emotion won't help your case Most importantly: continue requesting weekly payments during your appeal! If you win, you'll receive retroactive benefits for all eligible weeks. Based on what you've described, I'd estimate you have about a 75-80% chance of winning this appeal. The lack of documentation on their part is your biggest advantage.

I went through a very similar situation about 8 months ago and want to share what worked for me. Got fired "for performance" with zero documentation, TWC initially denied my claim, but I won my appeal. Here's my step-by-step process: **Immediate actions:** - Filed my appeal online within 3 days (don't wait the full 14!) - Sent a certified letter to HR requesting my complete personnel file - Started documenting everything I could remember from the termination meeting **Evidence gathering:** - Found old performance emails in my personal email (had forwarded some good feedback to myself) - Got a character reference from a former coworker who had moved to another company - Downloaded my LinkedIn messages where my supervisor had praised a project I completed **The hearing:** - Lasted about 45 minutes over the phone - My employer couldn't provide any written warnings or documentation of performance issues - The hearing officer asked them specifically about their progressive discipline policy - I presented my evidence chronologically and kept my responses brief **Result:** Won the appeal and received 8 weeks of back pay within 10 days. The key thing that helped me was understanding that in Texas, "misconduct" requires willful wrongdoing - not just poor performance. Without documented warnings showing you knew your job was at risk, they have a very weak case. Stay strong and document everything! Based on what you've shared, you have a solid case for appeal.

I'm reading through all these responses and feeling so much more hopeful about my situation! This community is amazing - thank you all for sharing your experiences and advice. I just filed my appeal online (took about 10 minutes) and sent a certified letter to HR requesting my complete personnel file. Following everyone's advice, I kept my appeal statement short and factual: "I was terminated without prior warnings, write-ups, or documented performance issues. I had received positive feedback as recently as one week before termination. I request a hearing to contest the misconduct determination." A few quick updates: - I found that positive feedback email in my personal folder and screenshotted it - I'm documenting everything from the termination meeting while it's still fresh in my memory - Continuing my work searches (doing 5 per week to be safe) and requesting payments - Already signed up for Claimyr in case I need to speak with TWC directly This whole experience has been terrifying, but reading everyone's success stories - especially from @Freya Nielsen (the former hearing officer) and those who won with similar circumstances - gives me real confidence that I have a strong case. I'll keep you all updated on how the hearing goes. Hopefully in a few weeks I'll be posting my own success story to help the next person going through this nightmare!

I'm going through almost the exact same situation right now and this thread has been a lifesaver! Got terminated last Friday with no warning after 6 months on the job, filed for unemployment over the weekend, and just got my denial letter today for "misconduct." Reading everyone's experiences here gives me so much hope. Like you, I had positive feedback just days before being let go - my manager even complimented my work on a client presentation the Thursday before I was fired on Friday. Makes no sense how they can call that misconduct! I'm filing my appeal tomorrow morning and following all the advice here: keeping the statement factual, requesting my personnel file via certified mail, and documenting everything while it's still fresh. The timeline details everyone shared are super helpful too - sounds like most hearings happen within 2-3 weeks of filing. One thing I'm curious about - did anyone have luck getting witness statements from former coworkers? I have a couple people who would vouch for my work performance but not sure if it's worth reaching out since they still work there. Thanks for starting this discussion - knowing I'm not alone in this and seeing so many successful outcomes makes this whole nightmare feel manageable!

I just wanted to jump in and say how incredibly helpful this entire thread has been! I'm not currently dealing with an unemployment appeal myself, but I'm bookmarking this for future reference because the level of detailed, practical advice here is amazing. A few things that really stood out to me from everyone's experiences: 1. The consistent theme that employers often can't back up "misconduct" claims with actual documentation - this seems to be their biggest weakness in these cases. 2. The importance of filing the appeal quickly rather than waiting - several people mentioned filing within 2-3 days rather than using the full 14-day window. 3. How valuable that Claimyr service seems to be for actually getting through to TWC when you need to speak with someone urgently. 4. The fact that "misconduct" has a very specific legal definition in Texas that requires willful wrongdoing, not just poor performance. For anyone else reading this thread in the future - it looks like the key factors for winning these appeals are: lack of progressive discipline/warnings from the employer, recent positive feedback that contradicts their claims, and being able to present your case factually and chronologically during the hearing. @Jessica Suarez @Emma Wilson - wishing you both the best with your appeals! Based on everything shared here, you both have really strong cases. Please update us with your results!