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TWC appeal expired but can't get job back - can I reopen my case?

I won my TWC appeal against my former employer about 6 months ago but my benefits have now expired. The thing is, I'm STILL unable to get rehired there even though the appeal ruled in my favor (they claimed misconduct but appeal judge disagreed). I'm desperate to get back to work but living in hotels right now and running out of options. TWC says I could get weekly benefits again but honestly I'd rather have my job back! Has anyone dealt with an expired appeal situation? Can I reopen a case or file something new to force them to rehire me? This whole situation is wearing me down...

Oliver Cheng

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Unfortunately, winning an appeal with TWC doesn't necessarily mean your former employer has to rehire you. The appeal simply determines if you're eligible for unemployment benefits based on the circumstances of your separation. They can still choose not to rehire you for other reasons. As for benefits, if your benefit year expired, you would need to file a new initial claim if you haven't worked since your last claim. But you'll need to meet the wage requirements again to qualify.

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Ashley Simian

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Ugh thats so frustrating! I thought winning meant they had to take me back. I've applied to so many places but no luck. So there's really nothing that can force them to rehire me even when TWC said they were wrong???

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Taylor To

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THE SYSTEM IS RIGGED AGAINST WORKERS!!! I went through something similar and let me tell you these companies can do WHATEVER they want no matter what some appeal says. They probably blacklisted you in their HR system. TWC is useless for actually getting your job back - they only care about paying or not paying benefits NOT about making things right!!!!

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Ella Cofer

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Yep exactly what happened to me too. Won my appeal but they never called me back. It's so wrong.

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Kevin Bell

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To clarify a few things: Winning a TWC appeal only establishes that you were separated from employment without misconduct, making you eligible for benefits. It does not create any legal obligation for an employer to rehire you. If your benefit year has expired, you need to file a new initial claim. However, to qualify for a new claim, you typically need to have earned wages during your base period (roughly the 12-15 months before filing). Without new employment since your last claim, you may not be eligible. I'd recommend: 1. File for the new claim anyway to see if you qualify 2. Request expedited processing given your housing situation 3. Connect with Workforce Solutions for job search assistance 4. Consider pursuing legal advice if you believe there was discrimination involved in not rehiring you

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Ashley Simian

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Thank you for explaining! I worked a couple small jobs since then but nothing that paid much. Would that be enough to qualify for a new claim? I'll definitely talk to Workforce Solutions too.

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Kevin Bell

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Those small jobs might help qualify you for a new claim. In Texas, you need wages in at least 2 quarters of your base period, with total base period wages of at least 37 times your weekly benefit amount. Call TWC to check if you qualify, but be prepared for long wait times. When I needed to get through to TWC about my claim status, I used a service called Claimyr (claimyr.com) which got me connected to an agent within 30 minutes instead of days of trying. They have a video demo at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh that shows how it works. Saved me a lot of frustration when I was in a similar urgent situation.

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Ashley Simian

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Thanks for the tip! I'll check out that service since I've been trying to call TWC for days with no luck. I really need to know if I can get benefits again while I keep looking for work.

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Savannah Glover

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Have u considered filing a wrongful termination lawsuit? Sometimes winning the twc appeal can help ur case if u go that route. But like others said twc cant force them to hire u back. Sorry ur going through this.

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Felix Grigori

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lawsuits take forever tho. my cousin did that and it took like 2 years to resolve. not really helpful when ur living in hotels n need money now

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Felicity Bud

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My determination letter after my appeal had some fine print at the bottom explainin this! It said something about the appeal only affects benefit eligibility not employment status... I missed it at first too! Have u checked WorkInTexas.com for new jobs? They helped me find something after my old place wouldn't take me back either

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Ashley Simian

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I didn't notice any fine print! Thanks for pointing that out. I've checked WorkInTexas but haven't had any luck yet. Most jobs seem to want experience I don't have or are too far to get to without reliable transportation.

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Ella Cofer

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my friend ran into this same issue back in january!!! she ended up having to file a whole new claim and it was approved but took like 5 weeks before she got any money. the hotel situation sounds rough tho, have u checked with local charities that might help with housing? salvation army helped her for a couple weeks

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Ashley Simian

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5 weeks is so long when you're already out of money! I'll look into charities though, that's a good idea. Thanks!

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Oliver Cheng

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Based on your comments about having worked some small jobs since your last claim, I'd recommend filing a new initial claim immediately. Bring all documentation of those jobs - even if they were short-term. TWC will calculate if you've earned enough in your base period to qualify. Regarding your housing situation, contact your county's Health and Human Services department. Many counties have emergency housing assistance, especially if you're actively looking for work. As for your former employer, while they don't have to rehire you, if you believe their refusal is based on retaliation for filing unemployment or based on a protected characteristic (race, gender, age, disability, etc.), you might have grounds for a discrimination complaint. The Texas Workforce Commission's Civil Rights Division handles these types of complaints.

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Ashley Simian

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Thank you so much for all this information! I'm going to file a new claim today and contact HHS about emergency housing. I don't think I have a discrimination case - they're just being petty because I won the appeal. I just need to focus on finding a new job and getting stable housing again.

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