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Kaiya Rivera

TWC Appeal Hearing after denial - recruiter claims I didn't request reassignment

I'm freaking out about my upcoming TWC appeal hearing and need advice ASAP. I was denied benefits because the staffing agency recruiter told TWC I "failed to request reassignment" after my contract ended. Here's what actually happened: when my 8-month IT contract ended, their policy only required me to update my availability online through their portal (I have this in writing from my onboarding docs). However, when I tried to log in to update my status, my account was completely inactive! I immediately emailed their help desk about the login issues and have ALL the confirmation emails showing I tried to comply with their policy. I even followed up twice by phone. The determination letter says I was disqualified for "failure to seek continued employment" but that's absolutely not true. My appeal hearing is in 10 days and I'm terrified I'll say the wrong thing. Has anyone been through something similar with a staffing agency? What evidence should I bring? What questions should I prepare for?

I had almost the EXACT same situation last year with a diff staffing agency! The key is proving you followed THEIR documented policy, not what the recruiter claimed afterward. Bring: 1. The onboarding documents showing their actual policy (highlight the specific part about online updates) 2. Screenshots/printouts of ALL emails with timestamps showing you tried to log in 3. Phone records of follow-up calls During the hearing, stay SUPER calm (I lost my cool and it didn't help). Let the examiner finish questions before answering. The examiner will ask the recruiter specific questions about their policy, so let them dig their own hole if the policy doesn't match what they told TWC. Good luck!!

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Kaiya Rivera

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Thank you! Did the hearing examiner ask about specific dates/times of your attempts to contact them? I'm worried because one of my emails was sent 3 days after my contract ended (had a family emergency). Should I explain that immediately or wait to be asked?

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Noah Irving

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staffing agencies pull this garbage all the time to avoid UI claims affecting their rates. they make the process complicated ON PURPOSE hoping you'll mess up somewhere. but ur doing the right stuff by having all the documentation. dont let them intimidate u

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Vanessa Chang

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So true. My agency tried to say I needed to call DAILY for reassignments which was nowhere in their policy. The hearing officer actually called them out for making up requirements after the fact.

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Madison King

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I've been through three TWC appeal hearings (won all of them) and the #1 thing is PREPARATION. For your specific situation: 1. Make 3 copies of every document (one for you, examiner, and employer) 2. Create a simple timeline document showing: - Contract end date - Date/time you attempted to log in - Date/time of each help desk contact - Any follow-up communications 3. Practice explaining your situation in under 2 minutes - hearing officers appreciate concise explanations 4. Be prepared for the recruiter to potentially lie about their policy requirements. Don't interrupt, just wait for your turn to present your documentation. 5. Use specific TWC terminology: you attempted to "remain available for suitable work" and "followed the employer's documented procedures for continued employment" The hearing officer will likely ask the employer to produce their written policy. If what they show matches what you followed, point that out calmly. If they can't produce it, that strongly favors your case.

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Kaiya Rivera

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This is incredibly helpful, thank you! I didn't think about making multiple copies of the documents. Should I mail these to TWC before the hearing or just bring them to the hearing? And is it a bad sign that my hearing is by phone rather than in-person?

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Julian Paolo

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After my contract ended the staffing company told me they had nothing else for me so I applied for unemployment. Then they fought it saying I quit! Make sure you clarify that your contract ENDED - you didn't quit. Totally different thing.

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Kaiya Rivera

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Good point! My determination letter actually does say "separation was a discharge" rather than quit, so I think that part is clear. But I'll definitely emphasize that the contract had a specific end date and I was willing to accept new assignments.

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Ella Knight

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I faced a similar situation with an appeal hearing when my staffing agency claimed I refused work (I hadn't). Here's what made the difference in winning my appeal: 1. Stick strictly to facts. Avoid saying things like "I think" or "probably" - the hearing officer needs certainty. 2. When asked a yes/no question, answer only yes or no, then stop talking. Don't volunteer additional information unless specifically asked. 3. If your contract had a specific end date, emphasize that. Some hearing officers immediately recognize that contracts with defined end dates automatically qualify as layoffs. 4. Address the specific reason for denial directly - you DID attempt to follow their reassignment process but were prevented by technical issues outside your control. 5. If the recruiter makes a new claim during the hearing that contradicts your evidence, politely say: "That contradicts the written policy in document X which I've provided." BTW - if you're having trouble getting through to TWC to ask questions before your hearing, check out Claimyr (claimyr.com). I was getting nowhere with busy signals until I used their service to get through to a TWC agent who helped me understand exactly what to expect in my hearing. They have a video that shows how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh

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Kaiya Rivera

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Thank you for these detailed tips. I've been trying to call TWC with questions all week but can't get through. I'll check out that service because I really need to talk to someone before this hearing.

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Madison King

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In addition to my earlier advice, make sure you log into the hearing call at least 10 minutes early. Sometimes they start calling participants before the scheduled time. If you miss the call, it's extremely difficult to get reconnected, and the hearing might proceed without you (which almost automatically means a loss). For your evidence, send it to the hearing officer in advance if possible (there should be contact information in your hearing notice), BUT still bring copies to the hearing. Reference each document by name when discussing it ("As shown in my email dated March 15, 2025..."). Phone hearings actually tend to favor claimants in my experience because the employer representatives often talk over each other or interrupt, which annoys hearing officers. Just stay professional and wait your turn to speak.

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Kaiya Rivera

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This is so helpful! The hearing notice has an email address, so I'll definitely send the evidence ahead of time. Do you think I should also prepare for questions about work search requirements? I've been applying to jobs but wasn't sure if that would come up during this hearing.

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i had an appeal hearing last month & totally messed it up bc i wasn't prepared lol. the hearing officer asked me for exact dates and i couldn't remember them. then the employer brought up stuff i wasn't expecting. defintely have a calendar with all ur important dates & times written down. also write down main points u wanna make so u dont forget anything important when ur nervous!!

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Vanessa Chang

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This is so important! I wrote down literally everything in chronological order because my mind went completely blank when the hearing started. Having notes saved me.

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Quick question - did you have a written contract with a specific end date? If so, make sure that's the first document you reference. In my case, the hearing officer almost immediately sided with me once she saw that my contract had a clear end date, because that meant it was a layoff regardless of whether I contacted them afterward. The reassignment policy became a secondary issue.

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Kaiya Rivera

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Yes! I have the official offer letter showing the project was from 7/15/24 to 3/15/25. Should I highlight the dates and contract term section?

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everyone giving good advice but nobody mentioning you should RECORD THE HEARING!!! texas is a one-party state which means you can record without telling them. that way if they lie you have proof for next appeal level if needed. saved me when my employer straight up lied

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Madison King

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While Texas is indeed a one-party consent state for recordings, TWC appeal hearings are already recorded by the hearing officer. You can request a copy of the official recording if needed for further appeals. Making your own recording is unnecessary and might actually create issues if the qualities differ and create confusion in later proceedings.

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Vanessa Chang

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After using Claimyr to finally reach TWC (was getting nothing but busy signals for weeks), the agent told me that staffing agency cases often hinge on the specific wording in their policies. Make absolutely sure you're using their exact terminology from their documents when describing what you did or tried to do. If their policy says "update availability" but you keep saying "I tried to request reassignment," it can create confusion. Use their exact words.

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Kaiya Rivera

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That's a really good point I hadn't considered. Their policy specifically says "update availability status in the associate portal within 48 hours of assignment completion." I'll make sure to use exactly that wording instead of more general terms.

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