TWC appeal hearing - employer no-show but decision favored them? Can I re-appeal?

Actually, the rule doesn't mean you automatically win if they don't show up. It means the Appeal Hearing Officer will review the evidence in your employer's written response (which they submitted earlier) along with what you testified to during the hearing. They'll then make a determination that could go either way. What typically happens is the Hearing Officer will evaluate: 1. Your testimony from the hearing 2. Any documents you submitted 3. The employer's written statement/evidence they submitted before the hearing 4. The original determination report You should receive a written decision in about 7-10 days. If the decision still doesn't go your way, you can file an appeal to the Commission Appeals within 14 days of receiving the decision.

i had something similar happen 2 me last yr. employer didnt show but i still lost because they had sent in some emails b4 the hearing w/ their side. its super annoying but yea u can appeal again after u get the decision letter

THIS IS WHY THE SYSTEM IS RIGGED!!!! Employers can just mail in whatever BS they want and not even show up to be questioned about it, but we have to jump through 500 hoops. I went through 3 appeals before I finally got my benefits. Don't give up!!!

Let me clarify how TWC appeal hearings work when one party doesn't show up: When an employer doesn't attend a scheduled appeal hearing, the Appeal Tribunal (hearing officer) doesn't automatically rule in favor of the claimant. Instead, they review all available evidence - including any documentation the employer submitted prior to the hearing, along with your testimony. If you receive an unfavorable decision, you can file an appeal to the Commission Appeals within 14 calendar days of the date the decision was mailed. This is considered your "second level" appeal. Make sure to clearly explain in your next appeal why you believe the decision was incorrect, and specifically mention that the employer didn't participate in the hearing, which prevented you from questioning their evidence or statements. Also, if you haven't already, you might want to request a copy of your appeal hearing recording to review exactly what was discussed and what evidence was considered.

I spent WEEKS trying to get through to TWC to ask similar questions about my appeal. Keep calling that 800 number over and over just to get disconnected. So frustrating! Finally my cousin told me about this service called Claimyr that got me through to an actual TWC agent in about 25 minutes. They call TWC for you and then connect you when they get through. Saved me days of redialing. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The TWC agent I spoke with was able to tell me exactly what documents were in my file and explained the whole appeal process way better than the papers they send.

One important factor that hasn't been mentioned yet - WHY were you terminated? The reason for separation makes a huge difference in these cases. If you were fired for misconduct, the burden of proof is on the employer. If they didn't show up AND didn't provide strong written evidence of misconduct, you have a good chance of winning on the next appeal level. However, if you quit, the burden is on you to prove good cause for leaving, and their absence might not matter as much. Also, keep in mind that at the Commission Appeals level, they're reviewing the hearing officer's decision based on the evidence presented, not holding a whole new hearing. So make sure your written appeal clearly points out any procedural issues or evidence that was overlooked.

Anyone else notice that these TWC appeal decisions seem totally random? My friend and I had almost identical situations (both laid off but employer claimed misconduct) and she won her appeal first try while I had to go through 3 levels of appeals for the same result. Makes no sense!!!!

To address your original question directly - no, you can't request a new first-level appeal hearing simply because the employer didn't show up. However, you CAN appeal the decision once you receive it if it's not in your favor. Based on what you've shared about your case (termination for performance without documented warnings), you actually have a strong case. If the employer truly provided no evidence of warnings or a progressive discipline policy, and you have positive recent performance reviews, the Commission Appeals should look favorably on your case. Meanwhile, continue requesting payment (if you're able to in your portal) while your appeal is pending. If you win your appeal, you'll receive back payments for eligible weeks.

My sister works in HR and she says employers often don't bother showing up to these hearings if they already submitted documentation they think is strong enough. It's not about them not caring, they just don't want to waste time if they think they'll win anyway. Doesn't make it right though!

I'm dealing with a similar situation right now - my employer didn't show up to my appeal hearing last week and I'm waiting for the decision. Reading through all these responses has been really helpful, especially learning that their written evidence still counts even if they don't attend. @Aisha Ali - it sounds like you have a strong case given the lack of documented warnings and your recent positive reviews. Performance issues without proper documentation rarely qualify as misconduct. I'd definitely recommend filing that Commission Appeal if the decision doesn't go your way. One thing I learned from my case worker is that you should also document everything - keep records of all your job search activities while your appeal is pending, because if you win, you'll need to show you were actively seeking work during that time to get your back payments. Stay strong and don't give up! The system is frustrating but people do win these appeals, especially when employers can't provide proper documentation of misconduct.

I went through a very similar situation about 6 months ago - employer was a no-show at my appeal hearing, but I still lost the first appeal because they had submitted some documentation beforehand. I was so frustrated, but I'm glad I didn't give up! I filed the Commission Appeal and ended up winning at that level. The key things that helped my case were: 1. I clearly stated in my written appeal that the employer didn't attend the hearing, so I couldn't cross-examine their evidence 2. I pointed out inconsistencies in their documentation 3. I emphasized the lack of progressive discipline in my case The Commission Appeals process took about 6-8 weeks, but I did get all my back payments once the decision was favorable. @Aisha Ali - based on what you've shared about having no formal warnings and recent positive performance reviews, you really do have a strong case for the next level. Don't let this first setback discourage you. The Commission Appeals reviewers tend to be more thorough about examining whether proper procedures were followed. One tip: when you file your Commission Appeal, be very specific about what evidence the employer failed to provide (like documentation of warnings or a progressive discipline policy). Good luck!

I'm a new member here and just went through something very similar last month. My employer also didn't show up to my appeal hearing, and like you, I initially thought that meant I'd automatically win. I was so wrong! What I learned from my experience is that the hearing officer really does base their decision on ALL the evidence available, not just who shows up. In my case, my employer had submitted a pretty detailed written statement with their initial response, and even though they didn't attend the hearing to defend it, that documentation still carried weight. I ended up losing my first appeal too, but I'm currently waiting on my Commission Appeal decision. My case was similar to yours - they claimed performance issues but had no documented warnings or progressive discipline. One thing that really helped me prepare for the Commission Appeal was calling TWC directly to get copies of everything in my file. I discovered my employer had submitted some documents I'd never seen before, and being able to review them helped me craft a stronger written appeal. Don't give up! From reading through this thread, it sounds like you have a really strong case with those positive performance reviews and lack of documented warnings. The Commission Appeals level seems to be where a lot of people finally get justice, especially when employers can't prove actual misconduct with proper documentation.

I'm new to this community but unfortunately not new to the TWC appeal process. I went through almost exactly what you're describing about 8 months ago - employer was a no-show at my hearing, I thought I had it in the bag, but still lost because of their written documentation. Here's what I wish someone had told me at the time: the Commission Appeals level is actually where most people with cases like yours end up winning. The reviewers there seem to pay much closer attention to whether proper procedures were followed by employers. In your case, having positive performance reviews from just 3 months before termination combined with zero documented warnings is a really strong position. Most Commission Appeal decisions I've read about favor employees when employers can't show progressive discipline was followed. A few practical tips that helped me: - Request the hearing recording ASAP while filing your Commission Appeal - In your written appeal, specifically mention that you couldn't cross-examine their evidence since they didn't attend - Emphasize the timeline - how can performance suddenly be so bad that it warrants termination when you had positive reviews so recently? The whole process took about 7 weeks for my Commission Appeal, and I did end up winning. Got all my back payments too. I know it's incredibly stressful when bills are piling up, but based on what you've shared, you really do have a solid case for the next level. Don't let this setback discourage you!

I'm so sorry you're going through this frustrating situation! I went through something very similar about a year ago, and I know how disheartening it feels when you think their no-show would automatically help your case. From my experience and what I learned, the hearing officer really does consider all evidence on file, even if the employer doesn't attend. However, based on what you've shared about your situation - being terminated for "performance issues" without any documented warnings AND having positive performance reviews from just 3 months prior - you actually have a very strong case for the Commission Appeals level. The lack of progressive discipline documentation is huge in these cases. TWC generally requires employers to show they followed proper procedures before terminating someone for performance, especially when recent reviews were positive. A few things that helped me when I filed my Commission Appeal: - I emphasized that I couldn't question or cross-examine the employer's written evidence since they didn't show up - I highlighted the contradiction between recent positive reviews and sudden performance termination - I requested copies of all documents in my file to see exactly what the employer had submitted My Commission Appeal took about 6-7 weeks, but I did win and received all my back payments. Don't give up - the Commission level seems much more thorough about reviewing whether proper procedures were actually followed. You've got this!

I'm really sorry you're dealing with this frustrating situation! As someone who went through a nearly identical experience about 4 months ago, I completely understand your confusion about the employer no-show not automatically meaning you win. What I learned is that TWC appeal hearings operate on the "evidence on record" principle - meaning all documentation submitted by both parties gets considered, regardless of who shows up. It's definitely not intuitive based on how the paperwork is worded! However, based on what you've shared, you actually have several strong points for a Commission Appeal if this decision doesn't go your way: 1. Termination for "performance issues" with zero documented warnings 2. Positive performance reviews from just 3 months before termination 3. No evidence of progressive discipline or performance improvement plans 4. The employer's failure to attend means you couldn't cross-examine their claims In Texas, employers generally need to show they followed proper progressive discipline procedures before terminating for performance. The fact that your reviews were positive so recently makes their case for "performance issues" much weaker. I ended up winning my Commission Appeal after losing the first level, and the back payments made the 6-week wait worth it. The Commission reviewers seem much more thorough about examining whether employers actually followed proper procedures. Don't lose hope - from everything you've described, this sounds like exactly the type of case that gets overturned at the Commission level. Make sure to file that appeal within 14 days if the decision goes against you!

I'm new here but unfortunately very familiar with TWC appeal frustrations! I just went through almost the exact same scenario 2 months ago - employer didn't show up to my appeal hearing, I thought I had won, but they still ruled against me because of the employer's written documentation. What really helped me understand the process was learning that TWC hearings operate on a "totality of evidence" basis. Even when employers don't show up, their pre-submitted documentation still gets full consideration. It's definitely not explained clearly in their paperwork! Based on your situation though, you actually have several very strong points for a Commission Appeal: - Performance termination with zero documented progressive discipline - Positive reviews just 3 months before termination - No formal warnings or coaching documented - Employer's absence prevented cross-examination of their claims I'm currently waiting on my Commission Appeal decision (filed about 5 weeks ago), but from everything I've researched and heard from others here, cases like yours with clear procedural failures by employers tend to get overturned at that level. The Commission reviewers apparently dig much deeper into whether employers actually followed proper termination procedures. When there's such a stark contradiction between recent positive reviews and sudden "performance" termination with no documentation trail, it raises red flags. Don't give up! Make sure to file that Commission Appeal within 14 days if the decision doesn't go your way. You've got a solid case based on what you've shared.

I went through almost the exact same situation about 6 months ago! My employer also didn't show up to the appeal hearing, and like you, I was shocked when I still lost the first appeal. The whole "if one party doesn't appear" language in their paperwork is so misleading. What I learned is that TWC considers ALL evidence submitted, regardless of attendance. Your employer's written response and any documentation they provided before the hearing still gets reviewed alongside your testimony. It's frustrating because you can't question or challenge their claims when they're not there to defend them. But here's the encouraging part - based on your situation (performance termination with no documented warnings + positive reviews from 3 months ago), you have a really strong case for Commission Appeals. That level of review is much more thorough about examining whether employers followed proper procedures. I ended up winning my Commission Appeal after about 7 weeks. The key was emphasizing in my written appeal that: 1) The employer failed to provide evidence of progressive discipline, 2) There was a contradiction between recent positive performance and sudden termination, and 3) Their absence prevented me from cross-examining their vague claims. Don't give up! Make sure to file that Commission Appeal within 14 days if the decision doesn't go your way. Your case sounds very winnable at the next level.

I'm so sorry you're going through this frustrating situation! I went through something very similar about 8 months ago and completely understand your confusion about the employer no-show not automatically helping your case. What I learned is that TWC hearing officers review all available evidence, including any written documentation the employer submitted before the hearing, even if they don't attend. It's definitely not intuitive based on how their paperwork is worded! However, based on what you've shared about your situation, you actually have several very strong arguments for a Commission Appeal if this decision doesn't go your way: - You were terminated for alleged "performance issues" but received no formal warnings or write-ups - You had positive performance reviews just 3 months before termination - There's no evidence of progressive discipline or performance improvement plans - The employer's absence prevented you from questioning their claims or asking for specifics In Texas, employers typically need to demonstrate they followed proper progressive discipline procedures before terminating someone for performance issues, especially when recent reviews were positive. The fact that they couldn't even be bothered to show up and defend their position in person makes their case even weaker. I ended up winning my Commission Appeal after losing the first level, and it took about 6-7 weeks to get the decision. The reviewers at that level seem much more thorough about examining whether employers actually followed proper procedures. Don't lose hope - make sure to file that Commission Appeal within 14 days if the decision doesn't go your way. Your case sounds very winnable based on the lack of documentation from your employer!