TWC appeal hearing for termination due to 'call avoidance' - worth fighting?

DO NOT give up on your appeal!! Especially if you followed company policy for calling in sick. The company is trying to categorize your absences as 'misconduct' to avoid paying unemployment, but that's not how it works. If you had approved absences, that's not misconduct. I was in a similar situation last year - my company tried claiming I was terminated for 'excessive absences' but I had doctor's notes for all of them. I won my appeal because I could prove I followed company policy. Make sure you have any documentation showing you called in sick according to policy (text messages, emails, call logs, etc). Also gather your employee handbook if you have it, especially the section about attendance policy. The TWC hearing officer will want to see evidence that you followed proper procedures.

OMG the exact same thing happened to me!!! My boss tried to say I was avoiding calls when I actually had covid!! TWC is so rigged against employees sometimes it makes me FURIOUS. The whole system is designed to protect these big companies. My friend said appeals are almost impossible to win and companies always have lawyers. Is that true? I ended up just finding another job before my appeal date because I was so stressed about it. But now I wonder if I should have fought it.

just make sure u show up for the hearing on time. my cousin missed his bcuz he wrote down the wrong time and TWC automatically ruled against him. cant appeal after that

Definitely proceed with the appeal hearing. For a 'misconduct' disqualification to stick, your employer needs to prove you willfully disregarded their interests. Being absent with proper notification according to company policy is NOT misconduct. Prepare for your hearing by: 1. Gathering all documentation showing you properly called in (texts, emails, call logs) 2. Writing down a timeline of events 3. Reviewing your company's attendance policy 4. Practicing your explanation of events calmly and clearly Be aware the hearing will be recorded and conducted by phone. The hearing officer will swear you in, then usually let the employer speak first since they have the burden of proof in misconduct cases. Listen carefully and don't interrupt. When it's your turn, calmly explain your side. Good luck! Based on what you've described, you have a strong case.

I had almost the exact situation last year. Call center job, they claimed I was avoiding calls when I was legitimately out sick with documentation. My hearing lasted about 30 minutes and I won! One tip - try calling TWC before your hearing to discuss your claim and get any specific advice. I spent THREE DAYS trying to reach someone by constantly redialing. Finally found Claimyr.com which got me through to a TWC agent in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent I spoke with gave me specific advice on what documentation to have ready and how to present my case. Totally worth it since I ended up getting almost $12,000 in benefits over the next few months while job searching.

im confused why would your employer say u did call avoidance when u wernt even at work? that doesnt even make sense. sounds like there lying to TWC which is illegal btw

When i had my appeal hearing last month my former employer didn't even bother showing up! The hearing officer asked me a few questions and then ruled in my favor immediately. So just be prepared but know they might not even contest it when it comes down to it.

QUESTION: Does anyone know if you can get retroactive payments after winning an appeal? Like if the OP wins, will they get all the weeks paid from when they first applied? Asking for myself too actually lol

Update: I really appreciate all the advice! I've decided to definitely go through with the appeal and have started gathering my evidence. I found text messages proving I called in sick both days, and I'm going to ask my doctor for documentation too. I feel much more confident now! Should I mention during the hearing that I think my supervisor had it out for me after I relocated? Or should I stick strictly to the facts about my absences?

Great to hear you're moving forward with the appeal! You're making the right decision. I went through a similar hearing last year and won - the key is being well-prepared like you're doing. One thing I'd add to your prep: if possible, get a copy of your company's employee handbook or attendance policy in writing. During my hearing, I was able to reference the exact policy language that showed I followed proper procedures. The hearing officer really appreciated having the actual policy to reference. Also, practice explaining your situation calmly and concisely beforehand. You want to sound professional and factual, not emotional. The hearing officer will be looking at whether you committed "misconduct" as defined by TWC law - which requires willful disregard of your employer's interests. Following proper call-out procedures for legitimate illness is definitely NOT misconduct. You've got this! Having documentation of your proper notifications puts you in a strong position.

I just went through a TWC appeal hearing last month for a similar situation and won! My employer claimed "job abandonment" when I had actually been out with a legitimate medical issue and had followed all proper notification procedures. Here's what really helped me win: - I organized all my evidence chronologically (text messages, emails, call logs showing I notified my supervisor) - I printed out the relevant sections of our employee handbook about sick leave policy - I practiced explaining the situation clearly and calmly beforehand During the hearing, the employer went first and made their case. Then I calmly presented my evidence showing I had followed company policy exactly. The hearing officer asked a few clarifying questions, and within about 25 minutes ruled in my favor. The key thing to remember is that TWC requires employers to prove "willful misconduct" - meaning you deliberately acted against the company's interests. Following proper call-out procedures for legitimate illness is absolutely NOT misconduct. You mentioned having text messages proving you called in - that's exactly the kind of documentation that wins these cases. Don't let them intimidate you into giving up. You've got a strong case based on what you've described!

Based on what you've described, you absolutely should go through with your appeal! I work in HR and see these cases regularly - employers often try to reframe legitimate absences as "misconduct" to avoid paying unemployment, but TWC doesn't buy it when employees can prove they followed proper procedures. The fact that you have text messages showing you notified your supervisor both days is huge. That's exactly the kind of documentation that wins these appeals. Your employer has to prove you committed "willful misconduct" - being sick and following company call-out policy is literally the opposite of that. A few practical tips for your hearing: - Have all your documentation printed and organized in front of you - Write down a brief timeline of events to reference - Stay calm and factual - don't get emotional about the conflict with your supervisor - Let the employer speak first, then methodically present your evidence I've seen many employees win similar cases. The hearing officers are trained to spot when employers are trying to game the system. You've got a strong case - don't let them scare you into giving up what you're rightfully entitled to!

I went through almost this exact situation 8 months ago - call center job, got sick, followed proper call-out procedures, then got terminated and they claimed "misconduct" to TWC. I was terrified about the appeal hearing but decided to fight it anyway. Best decision I ever made! I won my appeal and got 5 months of unemployment benefits while I found a better job. The hearing officer could clearly see that my employer was trying to twist legitimate sick days into misconduct. Here's what made the difference for me: I had everything documented. Screenshots of the company attendance policy from our employee portal, text messages to my supervisor, even my phone's call log showing when I called in. The hearing officer kept asking my former employer to explain how following their own policy constituted misconduct, and they couldn't give a good answer. Your situation sounds even stronger than mine was - you have clear documentation and you followed proper procedures. Don't let a big company bully you out of benefits you earned. These appeal hearings are specifically designed to catch employers who try to falsely claim misconduct. You've got this!

I'm dealing with a similar appeal situation right now and your story gives me hope! I was also terminated from a customer service job and they're claiming "misconduct" for what were legitimate absences with proper notification. One thing I'm curious about - did anyone here have success getting help from a legal aid organization for their TWC appeal? I found a few free legal clinics in my area that say they help with unemployment cases, but I'm not sure if it's worth the time or if these hearings are straightforward enough to handle on your own. From everything I'm reading here, it sounds like having good documentation and staying calm during the hearing are the most important factors. The advice about organizing everything chronologically and practicing your explanation beforehand is really helpful. It's reassuring to know that TWC hearing officers are trained to spot when employers are trying to game the system. Thanks to everyone sharing their experiences - it's making me feel much more confident about fighting this instead of just accepting the denial!

I'm currently going through my own TWC appeal process after being terminated from a retail job, and reading through everyone's experiences here has been incredibly valuable! One thing I want to add that I learned from my initial research: make sure you continue filing your payment requests every two weeks even while your appeal is pending. I almost made the mistake of stopping because I thought "what's the point if I'm not getting paid anyway?" But apparently if you don't keep requesting payments, you could lose those weeks even if you win your appeal. Also, Connor, your case sounds really strong based on what you've shared. The fact that they're claiming "call avoidance" for days you weren't even at work honestly sounds like they're either confused about the dates or deliberately misrepresenting the situation. Either way, your text message documentation should clear that up quickly during the hearing. I'm scheduled for my hearing next month and feeling much more prepared after reading everyone's advice about staying calm, organizing documentation chronologically, and focusing on the facts rather than emotions. It's reassuring to see so many people win their appeals when they had proper documentation of following company policies. Thanks to everyone for sharing their stories - it's making this process feel much less intimidating!

I'm so glad to see you've decided to move forward with your appeal! Your case honestly sounds very winnable based on what you've shared. The fact that you have text messages proving you properly notified your supervisor for legitimate sick days is exactly the kind of documentation that TWC hearing officers look for. I went through a similar appeal about 18 months ago (also a call center job where they tried to twist legitimate absences into "misconduct") and won after a 20-minute hearing. The key was staying organized and factual - which it sounds like you're already doing great at. One small tip I haven't seen mentioned yet: when you're gathering your evidence, also try to find any written communication about your relocation approval. If your employer initially approved your move but then the relationship with your supervisor deteriorated afterward, that timeline could be relevant context if they try to paint a broader picture of "performance issues." But as others have said, keep the main focus on proving you followed proper call-out procedures. The hearing officers deal with employers trying to deny benefits unfairly all the time. They know what real misconduct looks like versus what you're dealing with. You've got strong documentation and you followed the rules - that's really all you need. Don't let the corporate intimidation factor psych you out!

Reading through all these success stories is giving me so much hope for my own situation! I'm dealing with a similar TWC appeal - got terminated from a warehouse job and they're claiming "misconduct" for what were actually approved time-off requests that I had submitted weeks in advance through their online system. Like Connor, I was feeling really intimidated about going up against a big company in a hearing, but seeing how many people here have won their appeals with proper documentation is incredibly encouraging. I have screenshots of my approved time-off requests and email confirmations, so it sounds like I'm in a similar position. One thing I'm wondering about - for those who won their appeals, did the hearing officers seem receptive to digital evidence like screenshots and email printouts? I want to make sure I'm presenting my documentation in the most effective way possible. Connor, your case sounds rock solid! The fact that they're claiming "call avoidance" for days you weren't even at work honestly makes their whole argument fall apart. It sounds like they're either confused or deliberately misrepresenting things, and your text message proof should clear that up immediately. You've definitely made the right choice to fight this!