TWC Employer Appeal Filed 7 Weeks After Decision - Can I Keep My Benefits?

I went through this EXACT situation last year! My former employer waited until the last possible day to file their appeal (they have 14 calendar days after receiving the determination notice). The weird thing is sometimes employers don't get the notice right away or TWC sends it to the wrong address, so they can get extensions. But 7 weeks seems REALLY late unless there were some weird delivery issues. Don't panic! Make sure you attend the appeal hearing - it will probably be by phone. Have ready: 1) copies of any performance reviews 2) any emails praising your work 3) proof you weren't warned about performance issues. During my hearing, I just calmly explained my side and the hearing officer saw through my employer's sudden "performance issues" claim. I kept my benefits! In the meantime, keep requesting payments and doing your work searches exactly as required. If you miss any work search activities during this appeal time, it could create a separate issue.

They can't just appeal whenever they want!! The appeal deadline is 14 days after determination for BOTH parties. If its been 7 weeks somethings fishy. Call TWC and ask about the status - if they really filed an appeal outside the deadline it shouldn't even be valid!!!!!! 🤬 My sister's boss tried pulling this garbage and she called TWC (took her 3 days of constant redialing) and they told her the appeal was thrown out for being late.

Based on my experience helping people with TWC appeals, employers typically have 14 calendar days to appeal a decision after receiving their determination letter. However, there are a few situations where TWC might accept a late appeal: 1. If the employer can prove they never received the original determination letter 2. If there was a TWC system error or administrative mistake 3. If the employer can demonstrate good cause for filing late The fact that TWC has scheduled a hearing means they've accepted the appeal despite its lateness. At the hearing, you should raise the timeliness issue at the beginning - ask why the appeal was accepted after 7 weeks. Importantly, continue requesting payments and completing your work search requirements exactly as before. Document everything meticulously. For the hearing, organize your evidence chronologically and prepare a brief, factual summary of events. Stick to facts rather than emotions. If you win the appeal, you'll continue receiving benefits normally. If you lose, you might have to repay benefits, but you can request a payment plan or in some cases, a waiver if repayment would cause financial hardship.

hey i had something like this happen. my boss said i was fired for being late but i was actually laid off. the hearing was actually pretty easy, just answer questions honestly. my boss lied and the judge caught him in the lie. i kept all my benefits keep applying for jobs and doing your work searches tho

I've been trying to call TWC for 3 days about my appeal situation too and it's IMPOSSIBLE to get through. Busy signals, disconnects, or the dreaded "call back later" message. Finally used Claimyr.com and got through to a TWC agent in about 20 minutes! They have this system that keeps dialing for you then calls you when they get a live person. Totally worth it for me because I was going crazy trying to call myself. They have a demo video if you want to see how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent I talked to explained that employers sometimes get extensions for appeals if they can prove they didn't receive the determination letter right away or had some other good reason for the delay. You should definitely ask about this during your hearing!

You should definitely attend the hearing and be prepared. Continue to request payments and do your work search activities. Gather all documentation that supports your case: - Performance reviews - Emails showing your good performance - Documentation of the layoff (any paperwork you received) - Timeline of events I had a similar situation, and what really helped me was creating a one-page outline of key dates and events to reference during the hearing. The Hearing Officer appreciated my organization, and it helped me stay focused when I was nervous. During the hearing, stick to facts and avoid emotional statements or badmouthing your former employer (even if they deserve it). Answer questions directly and truthfully. Even if your employer filed late, the Hearing Officer will likely still consider the merits of the case, so be thoroughly prepared to defend yourself regarding the separation reason.

i went thru this last summer. if the employer says ur fired for performance they NEED DOCUMENTATION!!! if they dont have written warnings they gave u or performance improvement plans they made u sign, they usually lose. TWC knows employers pull this garbage all the time to avoid their UI tax rates going up. if ur boss suddenly has "documentation" u never saw before, point that out!!!

One more thing! I forgot to mention - when you get the appeal packet from TWC, read it VERY carefully. It will tell you the exact issue being appealed and what the hearing officer will be deciding. Based on what you described, the hearing will be about the reason for separation (performance issues vs. layoff). Make sure you prepare specifically for that issue. Also, the packet will tell you when to call in, how to submit evidence before the hearing, and your rights during the hearing. Don't miss any deadlines in the packet instructions! And yes, even if you lose, you would still qualify for a payment plan for any overpayment. But let's focus on winning first! From what you've described, it sounds like you have a pretty strong case, especially if they can't prove they gave you warnings about performance issues before letting you go.

this is just BS companies pull to avoid their unemployment taxes going up!!! they wait till you've been getting benefits awhile then suddenly decide to fight it. companies should be FINED for filing frivolous appeals!!!!!

After your hearing, regardless of the outcome, you'll receive a written decision in the mail within about 7-14 days. If the decision is in your favor, continue requesting payments as normal. If it's not in your favor, you have the right to appeal to the TWC Commission (the next level up). That appeal must be filed within 14 days of receiving the Hearing Officer's decision. One thing to keep in mind: even if you win this appeal, your former employer could potentially appeal to the Commission level as well. It's rare for employers to take it that far, but it can happen. Don't forget to print out all your work search activities and have them organized in case they come up during the hearing. Showing you've been actively looking for work can only help your case.

I'm going through something similar right now with my former employer appealing after 6 weeks! It's so stressful when you think everything is settled and then this happens. From what I've learned, you absolutely need to attend that hearing and be prepared to defend yourself. One thing that really helped me prepare was writing down a timeline of everything that happened leading up to your termination. Include dates, any conversations you had with supervisors, and especially focus on the fact that you were told it was budget cuts, not performance. If they never put you on any kind of performance improvement plan or gave you written warnings, that's huge in your favor. Also, don't let them intimidate you during the hearing. Stick to the facts and stay calm. The hearing officers have seen employers try to change their story before, and they're pretty good at spotting inconsistencies. You've got this! Keep doing your work searches and requesting payments like normal until you hear otherwise.

I'm dealing with a similar employer appeal situation right now and wanted to share what I've learned. The 7-week delay does seem unusual, but like others mentioned, TWC sometimes accepts late appeals if the employer can prove they didn't receive the determination letter or had other valid reasons for the delay. A few things that might help: First, definitely ask about the late filing during your hearing - make it one of your opening points. Second, gather any documentation showing you were performing well (emails, performance reviews, commendations) and that you weren't given any warnings about performance issues. Third, if you have any written communication about the layoff being due to budget cuts, bring that too. The fact that they're suddenly claiming performance issues after telling you it was budget cuts is a red flag that the hearing officer will likely notice. Employers sometimes try to reframe layoffs as terminations for cause to avoid their unemployment tax rates going up, but TWC hearing officers are experienced with these situations. Keep requesting your benefits and doing your work searches exactly as required. Even if the worst happens and you have to repay some benefits, TWC offers payment plans. But based on what you've described, you seem to have a strong case. Stay factual during the hearing and don't let them rattle you!

I went through almost the exact same situation! My employer also waited about 6 weeks to appeal and claimed performance issues after initially telling me I was laid off due to restructuring. The hearing was honestly less scary than I expected - it was just a phone call with me, my former boss, and the hearing officer. Here's what really helped me win: I had printed out emails showing my supervisor praising my work just weeks before the layoff, and I pointed out that I never received any formal warnings or performance improvement plans. The hearing officer asked my employer directly why they didn't document these alleged performance issues at the time, and they couldn't give a good answer. The key is to stay calm and stick to facts. When they asked about the separation, I simply stated: "I was told this was a layoff due to budget constraints, not performance issues. I was never given any indication my job was at risk for performance reasons." The hearing officer could clearly see the inconsistency in their story. Keep doing your work searches and requesting payments as normal. Even if you're nervous (I was terrified!), remember that you're telling the truth and they're the ones who changed their story. That speaks volumes to the hearing officer. You've got this!

I'm really sorry you're going through this stress! The late appeal timeline definitely raises questions, but it sounds like you're getting great advice here. One thing I wanted to add that helped me when I faced a similar situation - make sure you have a backup plan for calling into the hearing. Test your phone connection beforehand and have a landline or different phone available if possible. During my hearing, my cell phone kept cutting out and I almost missed important parts of the conversation. The hearing officer was understanding, but it added unnecessary stress. Also, find a quiet location where you won't be interrupted - treating it like an important business call really helped me stay focused and professional. You mentioned having performance reviews from 6 months ago - that's actually really good evidence! Even if they're not super recent, they show a pattern of acceptable work performance, which contradicts their sudden "performance issues" claim. Combined with the fact that they told you it was budget cuts initially, you're building a strong case that their story doesn't add up. Keep your chin up - from everything you've shared, it really sounds like you have the truth on your side, and that usually comes through clearly during these hearings.

I've been following this thread and wanted to share something important that might help. I work in HR and have seen many of these employer appeal situations. The 7-week delay is definitely suspicious, but what really stands out to me is the change from "budget cuts" to "performance issues" - this is a huge red flag that hearing officers are trained to spot. Here's what you should emphasize during your hearing: 1) You were explicitly told it was a layoff due to budget constraints, 2) You never received progressive discipline (warnings, PIPs, etc.), 3) Your recent performance reviews were positive, and 4) The employer's story has changed significantly. Also, document everything from the hearing - take notes on what's said. If they claim to have performance documentation you've never seen, ask specifically when and how it was supposedly provided to you. Employers sometimes fabricate documentation after the fact, and hearing officers know to look for this. The good news is that TWC hearing officers deal with these situations constantly and are pretty good at identifying when employers are trying to avoid their UI tax responsibilities by falsely claiming misconduct. Stay factual, stay calm, and remember that the burden of proof is on them to show you were terminated for cause. Good luck!

I'm so sorry you're dealing with this stressful situation! Based on what you've shared, it really sounds like you have a strong case. The fact that your employer waited 7 weeks to appeal and completely changed their story from "budget cuts" to "performance issues" is exactly the kind of inconsistency that TWC hearing officers are trained to spot. A few things that might help you prepare: First, create a simple timeline showing the dates of your positive performance feedback, the layoff conversation where they cited budget cuts, and now this sudden appeal claiming performance issues. Second, if you have any emails or texts from when you were laid off that mention budget constraints or restructuring, definitely bring those. Third, make a list of all the progressive discipline steps you DIDN'T receive (no verbal warnings, written warnings, performance improvement plans, etc.). During the hearing, stay calm and factual. When they ask about the separation, you can simply state: "I was told this was a layoff due to budget cuts. I was never given any indication that my job was at risk due to performance issues, nor did I receive any formal discipline or warnings." Let the hearing officer connect the dots about why their story suddenly changed 7 weeks later. Keep requesting your payments and doing your work searches exactly as you have been. You're doing everything right, and from what you've described, this sounds like a classic case of an employer trying to avoid their unemployment tax increase. You've got this! 💪