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.

I'm going through something very similar right now - 4 years with my company, stellar reviews, then a new VP comes in and suddenly I'm "underperforming" and terminated after a 6-week PIP. Just wanted to add a few things that might help: 1. Document ANY conversations you had with HR about the PIP - did they give you specific, measurable goals or were they vague? Vague goals are often seen as setting you up to fail. 2. If you have any witnesses to good work performance (coworkers, clients, etc.), ask them to write brief statements about your work quality. These can be powerful in appeals. 3. Check if your company has an employee handbook that outlines their progressive discipline policy. If they skipped steps (like verbal warnings, written warnings before PIP), that works in your favor. 4. Keep a timeline of everything - when new manager started, when your treatment changed, PIP start/end dates, termination date. The pattern matters. I'm still waiting on my determination letter but my attorney friend says cases like ours have good success rates because TWC recognizes retaliatory/pretextual terminations. The key is showing the sudden change in treatment doesn't match your actual work performance. Hang in there - you're not alone in this!

I've been through this exact scenario and won my appeal! Three years at my company, excellent reviews, then new management came in and suddenly I was "not meeting expectations" despite nothing changing in my actual work. Got put on a 4-week PIP that was clearly designed to fail me, then terminated. Here's what really helped me win my case: 1. I documented the timeline showing the correlation between new management arrival and sudden performance issues 2. I brought copies of all my positive reviews and any emails praising my work 3. Most importantly, I was able to show that the PIP goals were either unrealistic for the timeframe or too vague to actually measure The TWC hearing officer asked my former employer point-blank why someone who was allegedly underperforming had received positive reviews just months before the PIP. They had no good answer. Your 3-week timeframe is actually BETTER for your case than mine was - it's so short it's almost impossible to argue it was a genuine improvement opportunity rather than just a paper trail for termination. One thing I'd add to what others have said: if you have any performance metrics or data from before the PIP that show you were meeting standards, gather that too. Numbers don't lie, and they really help your case. Don't let them intimidate you - you've got a strong case based on what you've described!

I'm dealing with a very similar situation right now and this thread has been incredibly helpful! I was with my company for 2.5 years with consistently good performance reviews, then we got a new department head who seemed to dislike me from the start. Within 6 weeks of her arrival, I was placed on a PIP for "communication issues" that had never been mentioned before in any review or feedback session. The PIP lasted exactly 30 days before I was terminated. What really bothers me is that the goals were so subjective - things like "improve collaboration" and "enhance professional communication" with no specific metrics or examples of what needed to change. Based on everyone's advice here, I'm going to focus on: - The timeline correlation between new management and sudden "performance issues" - My previous positive reviews (I have 5 quarterly reviews that were all "meets expectations" or better) - The subjective nature of the PIP goals that made it impossible to demonstrate improvement - The fact that no progressive discipline was followed per company policy Has anyone else dealt with PIPs that had really vague, unmeasurable goals like mine? I'm wondering if that's something TWC specifically looks for as evidence of a setup rather than genuine performance management. Thank you all for sharing your experiences - it's helping me feel much more confident about appealing if my claim gets denied!

I'm a former TWC hearing officer and wanted to chime in with some insights from the other side of these cases. What you're describing is textbook "constructive dismissal" - when an employer creates conditions to force out an employee while trying to avoid paying unemployment benefits. In my experience, the most compelling cases had these elements (which yours seems to have): 1. **Documented history of satisfactory performance** - Your 3 years of clean record is gold 2. **Sudden change coinciding with management shift** - This pattern is a red flag we always looked for 3. **Unreasonably short PIP timeline** - 3 weeks is almost impossible to demonstrate real improvement 4. **Lack of progressive discipline** - Going straight to PIP without warnings suggests pretext During hearings, I would always ask employers: "If this employee was truly underperforming, why was this never documented in their regular reviews?" Most couldn't give a satisfactory answer. Key tip: When you tell your story (whether initially or in appeal), stick to facts and timeline. Don't get emotional about the "unfairness" - focus on the inconsistency between your performance history and the sudden disciplinary action. Your chances are quite good based on what you've shared. Texas law requires "misconduct" to be willful and work-related, not just performance issues, especially after years of acceptable work. Keep requesting benefits every two weeks regardless of status - this cannot be stressed enough!

I'm currently going through a very similar situation and this thread has been a lifeline for me! I had 3.5 years with my company, always met or exceeded expectations, then got a new supervisor who immediately started nitpicking everything I did. After 2 months of constant criticism (none of which was ever documented in my previous reviews), I was put on a 4-week PIP and then terminated. What really stood out to me from everyone's advice is the importance of documenting the timeline. I went back through my emails and found that my new supervisor started making negative comments about my work literally within her first week, despite me doing the exact same tasks I'd been doing successfully for years. I also discovered that our company handbook requires a verbal warning and written warning before any PIP, which they completely skipped. HR told me the PIP was the "first step" but their own policy says otherwise. For anyone else in this situation - I'd strongly recommend checking if your state has a "right to personnel file" law. In Texas, I was able to request my complete file and found several positive emails from clients and colleagues that I didn't even remember. These really help show the disconnect between the sudden "performance problems" and your actual work quality. Still waiting on my determination letter but feeling much more confident after reading everyone's experiences. It's unfortunately common but that also means TWC knows what to look for in these cases!

I'm so glad I found this thread! I'm in almost the exact same boat - 2.5 years with my company, consistently good reviews, then a new manager arrived and within 6 weeks I was on a PIP for "attitude issues" that had never been mentioned before. The PIP was only 3 weeks long (sound familiar?) and then I was terminated. What's giving me hope reading all these responses is how common this pattern seems to be, and more importantly, how many people have successfully appealed and won! The advice about documenting the timeline correlation between new management and sudden "performance issues" is spot on - it's such an obvious red flag. I just submitted my unemployment claim yesterday and I'm fully expecting them to contest it, but now I feel much more prepared for the appeal process. I've already started gathering all my positive reviews and I'm going to request my complete personnel file this week. One thing I want to add that might help others - I found out my state has a law requiring employers to provide a written reason for termination if you request it within 30 days. It's worth checking if Texas has something similar because having their official reason in writing could help expose inconsistencies with your actual performance record. Thank you all for sharing your experiences - it's making this whole nightmare feel a lot less overwhelming!

I'm reading through all these responses and I'm amazed at how similar everyone's situations are! I'm dealing with something very comparable - 3 years at my company, clean record, then new management came in 4 months ago and suddenly I'm "not meeting standards" despite doing the exact same work that earned me positive reviews before. What's really helpful from this thread is understanding that the SHORT timeline of your PIP (only 3 weeks!) is actually one of your strongest arguments. Several people have mentioned that TWC hearing officers specifically look for this - it shows the company wasn't genuinely trying to help you improve, they were just creating documentation to justify firing you. A few practical tips I'd add from my research: - Screenshot or print any positive feedback emails/messages before you lose access to company systems - If you have any work samples or projects that show your competence, save those too - Write down specific examples of how the new manager's expectations differed from previous management The pattern everyone's describing (good employee → new boss → sudden problems → quick termination) is so obvious that TWC must see it constantly. That gives me hope for all of us dealing with this! Stay strong and keep filing those weekly certifications no matter what happens with the initial determination. The appeal process seems to be where the real justice happens in these cases.

I'm going through this EXACT same situation right now and honestly, this entire thread has been like finding a support group I didn't know I needed! 4.5 years with my company, stellar annual reviews, employee of the month twice, then boom - new director arrives and within 8 weeks I'm on a PIP for "lack of strategic thinking" that was never once mentioned in any previous feedback. The PIP was 21 days (yes, they actually expected me to develop "strategic thinking" in 3 weeks!) and when I was terminated, HR literally said "we gave you every opportunity to improve." Every opportunity?? In 3 weeks?? After 4+ years of success?? What's really helping me prepare for my appeal based on everyone's advice: - I found emails from the old director praising my "excellent strategic contributions" just 2 months before the PIP - The new director changed our entire team structure and KPIs without any transition period, then blamed us for not adapting fast enough - Company policy clearly states PIPs should be 60-90 days minimum for "skill development" issues Reading about the former TWC hearing officer's perspective was incredibly reassuring - knowing they specifically look for the timeline correlation between management changes and sudden performance issues gives me so much confidence. For anyone just starting this process: document EVERYTHING while it's fresh in your mind. I wish I'd found this thread sooner because some of the practical tips (like requesting your personnel file immediately) are time-sensitive. Thank you all for sharing your stories - knowing I'm not alone in this crazy situation is keeping me sane!

I'm so sorry you're going through this - your situation sounds incredibly stressful, but based on everything I've read in this thread, you actually have a really strong case! The combination of 3 years of clean performance history followed by a sudden 3-week PIP under new management is exactly the kind of pattern that TWC hearing officers are trained to recognize as problematic. A few things that jumped out at me from your post that work strongly in your favor: - ZERO disciplinary actions in 3 years (this is huge!) - Consistently meeting expectations in quarterly reviews - The PIP came "out of nowhere" - no progressive discipline - Only 3 weeks duration (impossibly short for real improvement) - Clear correlation with new manager arrival I'd definitely recommend gathering every piece of positive documentation you can find - those quarterly reviews, any commendation emails, client feedback, etc. The stark contrast between your historical performance and the sudden "problems" will be very compelling to a hearing officer. Don't panic yet though - wait to see if they actually contest your claim. Sometimes companies threaten to fight unemployment but don't follow through. And even if they do contest it, you're in a much stronger position than you might think. The burden is on them to prove willful misconduct, which is very different from performance issues. Keep filing those payment requests every two weeks no matter what happens - that's critical for getting backpay if you win an appeal. You've got this!