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Mateo Lopez

TWC appeal hearing for misconduct termination - should I mention the company meeting?

I've got a TWC appeal hearing scheduled for next Friday and I'm super nervous about it. I was fired from my collections job for what they're calling "misconduct" but there's more to the story. I worked at a debt recovery agency calling people who were behind on credit card payments. During my time there, I was transferred between departments several times (early collections → mid-stage → late-stage collections where balances were $5000+). Each time you transfer, they give you a 3-month "adjustment period" where your performance metrics don't count against you while you learn the new area. Here's where it gets interesting - just TWO DAYS before they fired me, our entire collections team had a company-wide meeting where management specifically told us that due to the low contact/payment rates everyone was experiencing, they were NOT planning to terminate anyone for performance issues. They acknowledged call volumes were down, people weren't answering, and payments were declining across ALL departments. Management said they were working on getting us more accounts and offering voluntary time off (VTO) to adjust for the reduced workload. Then boom - 48 hours later, I'm terminated for "misconduct" related to performance. During my initial TWC hearing, the company representatives never mentioned this meeting happened. Should I bring up this meeting during my appeal hearing as evidence they fired me under false pretenses? Has anyone been through something similar with a collections job and won their appeal?

ABSOLUTELY bring up that meeting! That's critical evidence that shows they weren't being honest about the real reason for your termination. For a TWC appeal hearing, you need to directly challenge their "misconduct" claim with specific facts. Collections jobs are notorious for this kind of treatment. Make sure you have these things prepared for your hearing: 1. Dates and details of all department transfers (shows you were consistently moving to more challenging roles) 2. Names of managers present at that meeting 3. Exact quotes about job security if possible 4. Performance metrics showing you weren't underperforming compared to others 5. Any documentation of the VTO offer The meeting is your strongest evidence because it directly contradicts their termination reason. If they said publicly that performance wasn't a concern for termination, then fired you for performance-related "misconduct" days later, TWC should see that as pretextual.

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Thank you so much for this detailed response! I was worried bringing up the meeting might backfire somehow. I have the date and can name at least 3 managers who were there. I'm not sure about the exact quotes, but I remember them clearly saying "no one should be worried about losing their jobs right now" and that terminations "weren't a priority." One concern though - I don't have any written documentation about the meeting. It wasn't recorded and there wasn't an email about it afterward. Will it just be my word against theirs?

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were there any coworkers at that meeting who would back u up? u need witnesses man

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Yes! There were about 35-40 collectors at that meeting. I'm still in touch with 2 of them who quit after I was let go. Do you think I should ask them to write statements or something?

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OMG this EXACT thing happened at my last collections job!!! They pulled the same BS about "misconduct" when really the accounts were trash and nobody was paying. I fought my appeal and LOST because I didn't have enough evidence. The TWC hearing officer basically took the company's word over mine because they had all these "documentation" of my "misconduct" which was just normal stuff everyone was doing!!! The system is RIGGED against workers!!! They'll deny deny deny that meeting ever happened!!

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Oh no, that's discouraging to hear. I'm sorry that happened to you. What kind of documentation did they have against you? My company did regular call monitoring and I had a few calls where they said I was "too aggressive" with customers, but that's literally what they trained us to do in late-stage collections. Did you have any witnesses or just your word against theirs?

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I won my appeal against a collections agency last year and the key was having other employees back me up. If any of your coworkers would be willing to testify about that meeting, that would help tremendously. Also make sure you document EVERYTHING - exact dates of transfers between departments, exact date of the meeting, names of managers present, etc. Bring up the fact that you were within your 3-month adjustment period if that applies - that's a company policy they have to honor. For the hearing itself, be super professional and stick to facts. Don't get emotional or badmouth the company, just present the timeline clearly. Good luck!

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Thank you! This gives me hope. I wasn't technically in the adjustment period when fired - I had been in the late-stage department for about 4 months. But the company-wide meeting specifically addressing not firing people for performance is what seems most relevant. I'll definitely reach out to those coworkers today.

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I used to work for TWC as a claims examiner, and here's my advice: Yes, definitely mention the meeting, but you need more than just your testimony. Try to get written statements from coworkers who attended that meeting. Have them be VERY specific about what was said regarding job security and terminations. For misconduct cases, the burden of proof is on the employer. They must prove you deliberately violated a company policy you knew about. If they're claiming performance issues as "misconduct" but had just told everyone performance terminations weren't happening, that's contradictory. One more thing - have you been trying to call TWC to discuss your case with an examiner before the hearing? I know it's nearly impossible to get through these days. I've been recommending Claimyr to people having trouble reaching TWC (claimyr.com). They can get you connected to a TWC agent usually within an hour instead of spending days redialing. They have a video demo showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Talking to an examiner before your hearing can give you valuable insights on what to focus on.

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Thank you so much for this inside perspective! I've been trying to reach TWC for days with no luck. I'll check out that Claimyr service - getting some guidance before the hearing would be incredibly helpful. I've asked two former coworkers to provide written statements about the meeting. Do they need to be notarized or anything formal like that? Or just signed statements?

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I went through a similar appeal hearing last year. Here's what worked for me: 1. Prepare a simple timeline document to submit as evidence (dates of employment, transfers, the meeting, termination) 2. For the meeting evidence, written statements from coworkers are good, but even better if any of them would be willing to testify during your hearing as witnesses 3. Dress professionally for the video/phone hearing 4. Practice explaining your situation concisely - the hearing officer will appreciate clarity 5. When they ask why you think you should qualify for benefits, emphasize that you were performing your job as trained and that the company explicitly stated they weren't terminating for performance issues Also, make sure to be ready 15 minutes before the hearing starts. They sometimes call early, and missing the call can result in an automatic ruling against you. I won my appeal because I was prepared and had a witness who confirmed my version of events.

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this is really good advice. i had a hearing and totally messed up cuz i wasnt prepared. also the hearing officer kept interupting me and i got confused lol. definitely have ur facts straight and dont ramble!

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Has anyone else noticed how these collection companies are ALL doing mass layoffs but calling them "performance terminations" to avoid paying unemployment??? My cousin works at a different agency and said they're doing the EXACT same thing!!

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This is actually a very common tactic right now. Companies know that if they do layoffs, they have to pay severance and their unemployment insurance rates go up. By categorizing terminations as misconduct, they avoid those costs. In Texas, the TWC is increasingly aware of this practice, which is why appeal hearings are so important. If you see a pattern of multiple employees from the same company filing appeals for similar reasons within a short timeframe, it can actually help your case.

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Update us after your hearing! I'm really curious how this turns out. Appeals for misconduct cases have been trending in claimants' favor lately when the employer can't provide clear documentation of actual policy violations.

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I definitely will! My hearing is next Friday at 10am. I'm spending this weekend preparing all my documentation and talking points. I really appreciate all the advice everyone has shared!

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my brother got fired from a collections job and during his appeal they brought up a bunch of recorded calls where he supposedly violated policy. do you know if they recorded your calls? if so, request those recordings before the hearing!! they might cherry pick the worst ones.

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Yes, all our calls were recorded! That's a great point - I should ask for those recordings. Do you know how I would formally request those? Should I contact HR or do I need to have TWC request them?

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One final piece of advice: during the hearing, when they ask if you have questions for your former employer, make sure to ask them directly about the meeting. Something like: "Can you explain why, just two days before my termination, management explicitly told the entire collections team that no one would be terminated for performance issues during this period of low contact rates?" This puts them on the spot to either acknowledge the meeting happened (which supports your case) or deny it happened (which you can then counter with witness statements). Either way, it creates a clearer record for the hearing officer. Also, if they try to bring up specific instances of "misconduct," be prepared to explain the context of collections work and how what they're describing was either within normal job expectations or related to the difficult accounts you were assigned.

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That's brilliant - asking them directly about the meeting during cross-examination. I'll definitely do that! I have a feeling they might try to claim the meeting was about something else or that I misunderstood. But with other witnesses backing me up, hopefully that strategy will work. Thank you so much for all your help!

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Good luck with your hearing Mateo! Just wanted to add that you should also be prepared to explain the difference between "misconduct" and poor performance. In Texas, misconduct for unemployment purposes has to be willful disregard of company policy or deliberate violation of known rules - not just failing to meet metrics. Since you were doing collections work as trained and the company had just acknowledged that EVERYONE was struggling with low contact rates, that sounds like industry-wide performance issues, not individual misconduct. The timing of that meeting is absolutely your strongest evidence. Make sure to emphasize that you were performing the job duties exactly as you were trained to do them. Collections work is inherently difficult and success rates fluctuate based on factors outside your control (economic conditions, quality of debt portfolios, etc.). Also document any positive feedback, training completions, or advancement between departments as evidence you were a capable employee in good standing right up until termination.

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This is exactly what I needed to hear! You're absolutely right about the difference between misconduct and poor performance - I was doing the job exactly as they trained me to do it. The fact that they acknowledged industry-wide issues with contact rates just two days before firing me really shows this wasn't about my individual performance or any willful policy violations. I actually do have some positive feedback from my training periods when I transferred between departments, and my supervisor even complimented my call handling techniques a few weeks before termination. I'll make sure to bring all of that documentation to show I was in good standing. The timing really is everything here. Thanks for helping me frame this properly - it's not that I was violating policies, it's that the whole collections industry was struggling and they used that as an excuse to cut costs while avoiding paying unemployment benefits.

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I've been following your story and just want to say you're building a really strong case! As someone who's helped friends through similar appeals, I think you have several key advantages: 1. The timing of that company meeting is absolutely damning evidence 2. You have witnesses willing to back you up 3. Collections industry struggles are well-documented right now 4. You were performing your job as trained, not violating policies One thing I'd add - if possible, try to get any documentation about the "adjustment periods" they mentioned for department transfers. Even if it's just in an employee handbook or training materials, it shows their own policies acknowledged that performance metrics take time to stabilize in new roles. Also, don't let them intimidate you with a bunch of call recordings. In collections, being "aggressive" is literally part of the job description, and if they trained you to use those techniques, using them isn't misconduct. You've got this! The fact that you're preparing so thoroughly already puts you ahead of most people going into these hearings. Make sure to stay calm, stick to the facts, and let that meeting timeline speak for itself.

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