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.