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TWC appeal hearing for 'quitting' seasonal preschool job while waiting for full-time position to start

So nervous about my TWC appeal hearing next week! I got laid off from my marketing job in January and immediately started job hunting since I carry the health insurance for our whole family. In February, I found part-time work (16 hrs/week) at a local preschool while still interviewing for full-time positions. I carefully calculated what I could earn to stay under the 25% threshold for partial unemployment (my weekly benefit amount was only $310 because of how they calculated it). In mid-March, I accepted a full-time position at a software company, but they couldn't start me until after their fiscal quarter ended on April 3rd. Meanwhile, the preschool's spring session was ending March 24th for spring break, and they'd be closed until April 10th. Since I knew I wouldn't be returning (and they needed to hire someone new for April), I told them about my new job. Now TWC is saying I voluntarily quit and wants me to repay 3 weeks of benefits ($930)! I appealed this decision and have my phone hearing next week. I've submitted evidence showing the school calendar and my job offer timeline. Weirdly, the appeal paperwork says I filed against the preschool/church, but I didn't! They submitted their own evidence that mostly matches mine, except they mentioned something about my hourly rate being different than what we agreed to (I asked for $14.75/hr specifically to stay under my unemployment threshold, but apparently they recorded $16.25/hr). I'm so anxious about this hearing I can barely sleep. Do I have to actually be on the call? Can I just submit my evidence? The church administration handling this is from another campus - I've never even met them and I feel horrible they think I'm fighting against them when I was just trying to follow the rules.

Mia Rodriguez

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Yikes, what a mess. Unfortunately, yes, you HAVE to be on the appeal call or it's automatically denied. The hearing officer needs to hear from you directly. I went through something similar with a retail job that ended their seasonal position, but because I told them I wouldn't be returning for the next season (even though there was a 2-month gap), TWC initially considered it a quit. It's ridiculous how they handle these situations!

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Mason Davis

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Oh no... I was afraid of that. I get so anxious on these kinds of calls. I literally start hyperventilating. Did you win your appeal?

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Jacob Lewis

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The key factor in your appeal is going to be proving the preschool work was temporary/seasonal in nature and was ENDING regardless of your new job. Make sure to emphasize: 1) The predetermined end date shown on the school calendar 2) The gap where no work was available 3) That you informed them as a courtesy so they could hire someone new for when they reopened. This is NOT technically quitting - it's the natural end of a temporary assignment. TWC often misclassifies these situations initially. I've helped several people win similar appeals. Good luck!

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Mason Davis

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Thank you - that's really helpful! Should I specifically say it was a "seasonal position" during the hearing? The job offer didn't officially say that, but the school calendar clearly shows the breaks.

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Amelia Martinez

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u need to mention that exactly - that it wasnt u quitin but it was the NATURAL END of a seasonal position and school was literally closed! i had somethin similar with substitute teachin - they tried to say i quit but i was like how can i quit when theres no work? the hearing ppl are usually pretty reasonable if u explain clearly. just stay calm and stick to the facts, dont let anxiety make u say things differently.

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Mason Davis

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Thank you! I'm trying to practice what I'll say so I don't freeze up. I really was trying to do everything right, following the 25% rule and everything.

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Ethan Clark

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This exact thing happened to my daughter last year with a daycare job! She actually won her appeal because she proved the position had a natural break in the schedule and she wasn't scheduled for any shifts after a certain date. Make sure to mention you were LAID OFF from your main job - you didn't create this situation. And focus on how you were trying to follow all the rules about reporting part-time work correctly. The hourly wage discrepancy might actually help you if you can show you specifically requested that rate to comply with TWC rules.

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Mila Walker

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Yup, the TIMING is everything here. If the end of the school session and your new job starting lined up, that's not quitting - it's just good planning! Make sure all your dates are super clear in the hearing.

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Jacob Lewis

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I want to point out something important: The fact that the preschool mentioned the wage discrepancy is actually good news. It shows they're not claiming you quit for some other reason - they're just clarifying details. Since this is a church preschool, they're probably just being thorough with their records, not trying to fight you. When the hearing officer asks them directly "Was there work available between March 24 and April 10?" they'll have to say no, which supports your case.

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Mason Davis

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That makes me feel a little better. I really don't want bad feelings with anyone at the church. I just don't have $930 to repay right now... our budget is so tight with medical expenses.

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Mila Walker

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OH MY GOD the Texas unemployment system makes me SO ANGRY!! They always assume the WORST about people who are just trying to survive. Why would anyone CHOOSE to make less money on unemployment?? You were following the rules and they're punishing you for being honest and communicative with the preschool. It's ABSURD. You can't "quit" a job that's CLOSED!!

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Mason Davis

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I know! I was really trying to do everything right. I could have just not said anything to the preschool until after I started my new job, but I wanted to give them time to find someone new.

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Logan Scott

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Hey, I used to work for TWC (not anymore thank goodness lol). Here's what's happening: when you told the preschool you wouldn't return, they had to report it as a separation when they responded to TWC's inquiry. The system automatically flagged it as a quit. But appeal hearings look at the REAL circumstances, not just the paperwork. Since school was out of session and no work was available, this should be an easy win for you IF you make that clear. Don't skip the call!

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Jacob Lewis

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This is exactly right. The initial determination is often made by an automated system or a caseworker just following a checklist. The appeal hearing officer has more discretion to consider the actual situation.

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Chloe Green

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I've been trying to reach TWC for WEEKS about a similar issue. Always busy signals or getting disconnected. Finally used Claimyr.com to get through - they connected me to an agent in 30 minutes when I'd been trying for days. They have a video showing how it works at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Totally worth it for how much stress it saved me. Maybe try reaching TWC before your hearing to get some clarity on what exactly they're claiming?

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Mason Davis

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Thanks for the tip! I might try that. I wanted to ask some questions before the hearing but gave up after being on hold for 2 hours and getting disconnected.

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Amelia Martinez

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btw, during the appeal, DON'T say u quit even if they phrase it that way! always say "the position ended due to school calendar" or "there was no more work scheduled." words matter in these things!

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Mia Rodriguez

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100% this! The exact wording you use matters so much. Never agree with their terminology if it doesn't accurately reflect what happened.

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Logan Scott

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I'm confused about one thing - you mentioned you "let them know" you weren't coming back. How exactly did you phrase this? Did you submit a formal resignation or just tell them you'd accepted another position starting after their break? The specific communication matters for your case.

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Mason Davis

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I just told my direct supervisor verbally that I'd accepted a full-time position that would start after spring break, so I wouldn't be able to return for the next session. I never submitted anything in writing or used the word "resign" or "quit." I just let her know so they could plan accordingly for staffing after spring break.

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Mia Rodriguez

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When you have your hearing, have your evidence organized and ready to reference! Have the school calendar printed out with the dates highlighted, your job offer letter with start date, and your TWC payment history showing you reported all part-time income correctly. Speaking from experience, being organized makes a HUGE difference in these hearings.

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Mason Davis

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Thank you - that's really helpful advice. I'll make sure to have everything printed and organized with dates highlighted.

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Mila Walker

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Just curious - did they actually pay you the higher rate ($16.25 instead of $14.75)? If so, did you report the higher amount to TWC? That could be part of the issue too.

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Mason Davis

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That's what's weird - my paychecks were based on $14.75/hr exactly as we agreed, but their paperwork to TWC apparently says $16.25. I reported exactly what I was paid each week. I think it might be some kind of internal administrative error on their end.

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Logan Scott

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Update us after your hearing! I think you'll win this appeal based on what you've described. The temporary/seasonal nature of the position plus the fact that there was a predetermined break with no work available is the key to your case. Good luck!

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Mason Davis

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Thank you! I definitely will update. Hearing is next Tuesday at 10am. So nervous but feeling more prepared now.

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