TWC appeal advice needed: Fired after PIP with clean 3-year record - what are my chances?

Your situation is definitely appealable. I was in a similar position last year - 4 years with my company, then a new manager came in, suddenly everything I did was wrong, and I was out the door two months later. When you appeal, focus on these key points: 1. Your 3-year history of good performance (bring copies of past reviews if you have them) 2. The sudden implementation of the PIP with no prior warnings 3. The short timeframe between PIP and termination (3 weeks isn't reasonable time to improve in most cases) TWC typically looks favorably on employees who had good history before a sudden change. The burden is on the employer to prove misconduct, which means willful disregard of employer interests. A performance issue after years of good service rarely qualifies as misconduct under TWC standards. Make sure to request a copy of your employment file if possible, and ask for specific documentation about why you were placed on the PIP. Document everything while it's fresh in your mind.

pips are almost always the first step to firing someone. companies do this to create a paper trail to deny ur unemployment. my brother went thru this EXACT thing and still won his appeal because the pip was only 2 weeks which isnt enough time for anyone to actually improve. TWC saw right thru it.

I handle employment law cases in Texas and have represented many clients in similar situations. Here's what you need to understand about how TWC views these cases: Under TWC rules, to deny benefits based on misconduct, the employer must demonstrate that you willfully disregarded their interests or violated reasonable policies. Poor performance alone is not misconduct. A sudden PIP after 3 years of good service often suggests the termination was for reasons other than actual misconduct. To strengthen your case: 1. Document specific timeline (when new manager arrived, when PIP started, termination date) 2. Gather all performance evaluations (especially the positive ones) 3. Note any changes in expectations that weren't properly communicated 4. Prepare to explain how you attempted to meet PIP requirements In my experience, TWC hearing officers are good at identifying situations where employers create paper trails to justify terminations. Your long-term good standing works heavily in your favor. I'd estimate your chances as quite good based on what you've shared.

I went through EXACTLY what you're describing!! Had 2.5 yrs at my company, new director came in, suddenly I'm on a PIP and fired 30 days later. TWC initially DENIED my claim (I was devastated), but I appealed and won. The hearing officer specifically mentioned that my previous good work history was a major factor. BUT - getting through to schedule the appeal was a NIGHTMARE. Busy signals for days!!! I finally used this service called Claimyr (claimyr.com) that got me connected to an actual TWC agent in about 20 minutes instead of days of trying. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Seriously worth it because waiting on hold for TWC is soul-crushing when you're already stressed about everything else. The appeal process took about 3 weeks, but I did get retroactive payments once I won.

Not to be negative, but my appeal didn't go well in a very similar situation. The company had documented EVERYTHING in the PIP - even tiny mistakes that nobody would normally care about. They built a case that made it look like I was terrible at my job even though I'd been there for YEARS with no issues before. My advice: get a copy of your PIP and everything in your personnel file NOW before you lose access. Also, in your appeal, focus on how the expectations suddenly changed or were unreasonable. That's what I wish I'd done better. Also be ready for a LONG wait. My appeal took almost 2 months to process, and I got no payments during that time. It was rough financially.

DID YOU GET A DETERMINATION LETTER YET??? Don't panic until you actually get denied! A lot of companies don't even bother contesting unemployment claims even when they say they will. My company threatened to contest but never responded to TWC, so I got approved automatically. BTW the THREE WEEK pip is your strongest argument. NOBODY could reasonably improve in 3 weeks! That's a setup to fail, not a genuine improvement plan. Also keep filing your payment requests EVERY TWO WEEKS even while waiting for a determination or during appeal. If you forget to request payment, you won't get backpay even if you win your appeal later!!!

when u have ur hearing make sure u mention that the new manager seemed to have it out for u. i had a hearing last year and the TWC person specifically asked if i thought there was another reason behind my firing. they know that companies use performance as an excuse when they just want to get rid of someone! the fact that u had no issues for 3 YEARS until new manager is super suspicious!!

To answer your earlier question - TWC will not pay benefits while your appeal is pending IF they initially deny you. However, if you win the appeal, you'll get retroactive payments for all the weeks you properly requested payment during the appeal process. That's why it's absolutely critical to continue requesting payments every two weeks even when your claim status is disputed or denied. Regarding documentation - yes, submit everything with your initial claim. It may prevent a denial in the first place. Include performance reviews, any commendations, awards, etc. Also important - if your PIP had unrealistic or vague goals, point that out specifically. One more tip: if your employer offers a severance package that requires you to waive your right to unemployment benefits, consult with an employment attorney before signing. In many cases, you can't legally waive unemployment rights in Texas regardless of what you sign.