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?