TWC Appeal Rules: Employer missed 14-day response deadline but filed appeal after 2 months - Can I challenge?

You're absolutely right about that 14-day rule. According to TWC rules, an employer must respond within 14 calendar days of receiving the initial claim notice to be considered an 'interested party' with appeal rights. If they missed that deadline without good cause, they technically shouldn't have appeal rights. When you receive the appeal hearing notice, you should immediately point this out in your response. Write a clear statement like: "I respectfully ask that the employer's appeal be dismissed as they failed to respond within the required 14-day period as specified in TWC regulations, and therefore do not qualify as an interested party with appeal rights." Also, come to the hearing prepared with any documentation showing when your claim was initially approved. The Appeals Tribunal should consider this procedural issue before even getting to the merits of your case.

lol good luck with that... TWC does whatever they want regardless of their own rules. My employer filed 3 WEEKS late and they still got to appeal and I had to deal with all that stress. System is completely rigged for employers.

Has anyone actually won a case based on this late response issue? I'm stressed about having to pay back months of benefits if they somehow rule against me. The company is claiming I quit, which is absolutely not true - they eliminated my position and told me there was no more work.

The 14 day rule is in Section 208.004 of the Texas Labor Code!!! Print it out and bring it with you!!! The exact wording is that employers must respond "promptly" which TWC has defined as 14 days and if they dont theyre not supposed to be able to contest the claim later!!! Make sure you tell them EXACTLY when you got approved vs when they filed the appeal!!!

wait do u still hav to do wrk searches while the appeal is going on?? my cousin had something like this happen nd he got confused about tht part

I had almost this exact situation last year! My employer didn't respond for like 25 days to my initial claim, then tried to appeal after I'd been receiving benefits for about 6 weeks. I called TWC every day for a week trying to get someone to explain if this was allowed. Always busy signals or 3+ hour wait times that would disconnect me. Finally I used Claimyr (claimyr.com) to get through to an actual person at TWC. They connected me in about 20 minutes. The agent confirmed that my employer had missed the deadline to be considered an interested party and noted it in my file. When the hearing happened, the hearing officer dismissed the appeal at the beginning after I brought up the late response issue. Check out their demo video if you want to see how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Definitely worth doing this to get specific advice for your situation directly from TWC.

Make sure you're ready for the hearing regardless of the late response issue. They might still proceed with the full hearing even if you raise this point. Be prepared to explain your separation in detail - have dates, names of supervisors, and any documentation showing you were laid off rather than quitting. The burden of proof is on the employer in discharge cases, but you still need to be thoroughly prepared.

i HATE when employers do this!!!! they ignore everything until they get the chargeback notice showing how much their unemployment tax might go up, THEN suddenly they care and want to fight it!!!! the system is SO RIGGED for big business!!!

One more important thing - when you attend the hearing, make sure you have your documentation organized and ready. Have the original claim date, the date of the determination letter in your favor, and the date you received the appeal notice. Present this timeline clearly to establish how much time passed. Also, be very respectful to the hearing officer even if your employer gets hostile or makes false claims. Stay calm and stick to the facts - your professionalism can make a big difference in these hearings.

This is such a common and infuriating situation! I went through something very similar about 18 months ago. My employer completely ignored TWC for over a month, then suddenly filed an appeal when they got hit with the chargeback notice. Here's what worked for me: I gathered every piece of documentation showing the timeline - my original claim date, when I started receiving benefits, the determination letter date, and when the appeal was filed. I created a simple one-page timeline that clearly showed the employer had 60+ days to respond but chose not to until it affected their bottom line. At the hearing, I immediately raised the procedural issue about the 14-day deadline. I quoted the exact TWC regulation and pointed out that allowing late appeals after ignoring initial deadlines would make the rules meaningless. The hearing officer actually agreed and dismissed the appeal without even getting to the merits of the case. My advice: Document everything, cite the specific rules, and don't let them intimidate you. You followed all the proper procedures while your employer ignored theirs. The system is supposed to protect people like you who are following the rules, not reward employers who only engage when their wallets are threatened. Stay strong - you've got this!

I've been following this thread and wanted to add my perspective as someone who works closely with employment law. The 14-day rule is indeed crucial here, and you're absolutely right to focus on it. One thing I haven't seen mentioned yet is that you should also request a copy of your employer's original notice from TWC showing when they were first contacted about your claim. This will help establish the exact timeline and prove definitively that they missed the deadline. You can request this through TWC's records department or ask the hearing officer to provide it during the hearing. Also, don't be surprised if your employer tries to claim they never received the original notice or that there was some "good cause" for their delay. Be prepared to counter these arguments by pointing out that TWC sends notices by certified mail and that financial impact (the chargeback) is not considered "good cause" for missing procedural deadlines. The fact that you have documentation showing you were laid off rather than quit is excellent. Even if they somehow get past the procedural issue, you're in a strong position on the merits too. Good luck with your hearing next Thursday!

Just wanted to chime in as someone who's been through multiple TWC hearings - both winning and losing. The 14-day rule is absolutely your strongest defense here, and everyone giving you advice about it is spot on. One additional tip that saved me in a similar situation: When you're on the phone hearing, make sure to speak slowly and clearly when you raise the procedural objection. Sometimes hearing officers are dealing with back-to-back cases and might miss important points if you rush through them. Say something like "Before we proceed with the merits of this case, I'd like to raise a procedural objection regarding the employer's standing to file this appeal." Also, if the hearing officer seems to want to skip past the procedural issue and go straight to discussing your separation, politely but firmly insist that the procedural matter be resolved first. You have every right to have that addressed before spending time and energy defending the substance of your claim. The fact that you have clear documentation of being laid off is just icing on the cake. Between the missed deadline AND the strong merits of your case, you're in really good shape. Don't let them stress you out - you followed all the rules while they ignored theirs for months. Justice should be on your side here.

I've been lurking on this forum for a while but had to create an account to respond to this thread because I went through the EXACT same situation about 8 months ago. My employer ghosted TWC for over 6 weeks, then suddenly filed an appeal right after they got their quarterly chargeback statement. The advice everyone's giving you about the 14-day rule is 100% correct, but I wanted to add one more thing that really helped my case: I printed out screenshots from the TWC website showing their own published rules about the 14-day deadline for employers to respond. Having their official language right there in black and white made it impossible for the hearing officer to ignore. Also, when you're preparing for Thursday, practice explaining the timeline out loud. I was so nervous during my hearing that I started rambling and almost forgot to mention the most important dates. Having practiced it beforehand helped me stay focused and clear. Your employer waited TWO MONTHS to appeal - that's not just missing the 14-day deadline, that's completely ignoring it. Combined with your solid documentation about being laid off, you should be in great shape. Don't let this stress consume you over the weekend. You did everything right and the rules are on your side!

I just wanted to add one more tactical suggestion for your hearing on Thursday - bring a witness if possible. Even though this is a phone hearing, you can have someone listen in who can verify your account of the separation. If you have any coworkers who were also laid off around the same time, or even someone who you told about losing your job right when it happened, their testimony can strengthen your position if the hearing somehow gets past the procedural issue and into the merits. Also, make sure you have TWC's customer service number handy during the hearing in case there are any technical issues with the call. Sometimes these phone hearings get disconnected and you need to call back quickly to avoid missing your window. The combination of the missed 14-day deadline AND your solid documentation makes this a very winnable case. Your employer really shot themselves in the foot by ignoring TWC for so long. Stay confident and stick to the facts - you've got this!

I've been following unemployment law in Texas for several years and wanted to emphasize something crucial that hasn't been mentioned yet - you should also document exactly WHEN your employer received their quarterly chargeback notice. This timing often reveals the real motivation behind these late appeals. In most cases, employers who ignore the initial claim process suddenly become very interested in appealing right after they see how much their unemployment taxes might increase. TWC typically sends these chargeback notices about 60-90 days after benefits begin, which would align perfectly with your timeline. If you can establish that your employer filed their appeal shortly after receiving their chargeback notice (rather than shortly after your claim was approved), it further demonstrates that this wasn't about legitimate concerns over your separation, but purely about avoiding financial responsibility after ignoring their legal obligations. You might want to specifically ask the hearing officer to note the correlation between the chargeback timing and the appeal filing date. This pattern of behavior - ignoring initial deadlines then appealing only when faced with financial consequences - actually strengthens your argument that they waived their right to contest by missing the 14-day window. Your case sounds very strong both procedurally and on the merits. Don't let them intimidate you - they're the ones who ignored the rules for months.

I'm really glad I found this thread because I'm dealing with a very similar situation right now. My employer also completely ignored TWC's initial requests for information, and now they're trying to file a late appeal after I've been receiving benefits for almost two months. Reading through everyone's experiences and advice has been incredibly helpful. The point about the 14-day rule being in Section 208.004 of the Texas Labor Code is exactly what I needed to know. I'm also going to use that suggestion about creating a clear timeline document showing when my claim was approved versus when they finally decided to appeal. What really resonates with me is how everyone is pointing out that these employers only care when it affects their bottom line. It's so frustrating that they can ignore all the proper procedures and deadlines, then suddenly become interested when they get their chargeback notice. But I'm encouraged to hear that the procedural objection based on the missed deadline has actually worked for people in similar situations. Diego, I hope your hearing on Thursday goes well! It sounds like you're really well prepared with all the advice everyone has given. Please update us on how it turns out - it would be helpful for others dealing with the same issue.

This thread has been incredibly informative! As someone who's been dealing with TWC issues for years, I want to emphasize something that might help you feel more confident going into Thursday's hearing. The fact that your employer waited nearly 2 months to file their appeal actually works strongly in your favor beyond just the 14-day rule violation. It demonstrates a clear pattern of negligence and disregard for the administrative process that TWC takes very seriously. Here's what I'd recommend for your hearing preparation: Make sure to emphasize that while you were diligently completing all your requirements (work searches, payment requests, etc.) and cooperating fully with TWC's investigation, your employer was completely unresponsive to multiple attempts at contact. This contrast in behavior really matters to hearing officers. Also, don't forget that the burden of proof in misconduct cases is on the employer. Even if they somehow get past the procedural issue (which they shouldn't based on your timeline), they still have to prove you were terminated for misconduct rather than lack of work. Your documentation showing you were laid off due to company financial problems should make that impossible for them. You've got every advantage here - strong procedural grounds, solid documentation, and a clear timeline showing their bad faith behavior. Thursday should go very well for you!

I wanted to share some additional perspective as someone who's worked as a paralegal on employment cases. The advice everyone's given about the 14-day rule is absolutely correct, but I'd also suggest you prepare a brief written statement for the hearing officer that you can read at the beginning. Something like: "Your Honor, before we proceed with this hearing, I respectfully request that the employer's appeal be dismissed for lack of standing. Per Texas Labor Code Section 208.004 and TWC regulations, employers must respond within 14 calendar days to be considered an interested party with appeal rights. The record will show my claim was determined on March 3rd, yet this appeal wasn't filed until May 2nd - nearly 60 days later. This late filing, without any showing of good cause, should preclude the employer from challenging my benefits." Having this written out will help you stay focused and hit all the key legal points right at the start. Don't let them rush you past this - it's your strongest argument and could end the hearing before it really begins. Also, if the hearing officer tries to proceed anyway, politely ask them to state their reasoning on the record for allowing an untimely appeal. This creates a clear record for any potential further appeal if needed. You're in an excellent position here - stay calm and stick to the procedural arguments first!

I've been following this discussion and wanted to add something that might be helpful for your preparation. As someone who's dealt with multiple TWC hearings, I've learned that timing documentation is absolutely critical in these procedural challenges. Make sure you have screenshots or printouts of your TWC online account showing exactly when your initial determination was made and when you first started receiving benefits. Sometimes employers will try to claim the timeline was different than what you remember, so having that digital evidence from TWC's own system is invaluable. Also, consider calling TWC before your Thursday hearing to specifically ask them to confirm in writing (via email or mail) the dates when your employer was first contacted about your claim and when they were required to respond. Having an official TWC confirmation of these dates eliminates any ambiguity about whether the 14-day deadline was actually missed. One more tactical tip - if your employer shows up to the hearing with a lawyer (which sometimes happens in these late appeal cases), don't let that intimidate you. The procedural violation is the procedural violation regardless of who's representing them. The 14-day rule applies equally to everyone, and no amount of legal representation can change the basic timeline facts. You've gotten excellent advice throughout this thread. The combination of the clear deadline violation, solid documentation of your layoff, and the obvious pattern of ignoring deadlines until financial consequences hit makes this a very strong case. Best of luck on Thursday!

I've been dealing with TWC issues for several years and wanted to add one more crucial point that could really strengthen your case. Beyond the 14-day rule violation, you should also consider requesting a complete timeline of ALL communications TWC sent to your employer during the initial claim period. Often what happens is that employers receive multiple notices - the initial claim notice, follow-up requests for information, and sometimes even phone call attempts - all of which they ignore. Getting documentation of ALL these ignored contacts shows a pattern of willful non-participation rather than just missing a single deadline. This is particularly important because TWC has specific procedures for "non-responsive employers" that kick in when someone repeatedly ignores their requests. If your employer fell into this category (which it sounds like they did), there may be additional regulations that specifically bar them from filing late appeals. I'd suggest specifically asking the hearing officer to review your employer's "participation history" during the initial claim period. The contrast between your full cooperation and their complete radio silence for 2+ months makes their sudden interest when facing financial consequences look even more opportunistic. You're already in a great position with the 14-day rule violation, but having this additional documentation of their total non-participation could make your case absolutely airtight. Don't let them claim they only missed one deadline - they ignored the entire process until it cost them money!