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!