TWC appeal hearing scheduled by employer - how to prepare and avoid repayment?

I went through this last yr. Stay calm, be honest & have ur side of story ready. The hearing officer will give both sides time to talk.

I've been through this exact situation and can help you prepare. These hearings are relatively formal but not like a courtroom - they're usually conducted by phone with a TWC hearing officer who will ask questions of both sides. Here's what you need to prepare: 1. Write down a clear timeline of events leading to your termination 2. Gather any documentation that shows you were let go for performance rather than misconduct (emails, performance reviews, etc.) 3. Be prepared to explain why your performance issues weren't misconduct (misconduct usually requires willful disregard of employer interests) 4. Have your employment dates and payment history ready 5. Practice explaining your side calmly and concisely Misconduct has a specific legal definition in unemployment cases - generally, it requires some intentional wrongdoing, not just inability to meet performance standards. If they truly changed your role and then terminated you for not meeting new expectations, that typically doesn't qualify as misconduct.

just make sure u dont interrupt anyone during the hearing. Let the employer talk and then u get your turn. I lost my appeal cause i kept jumping in when my boss was saying stuff that wasnt true and the hearing officer got annoyed with me lol. Also they record everything

These appeal hearings can be SO STRESSFUL!! My employer appealed my benefits too and I was a nervous wreck! I was literally shaking during the whole call. The worst part is waiting for their decision afterward - took almost 2 weeks for me and I checked my TWC account like 20 times a day. But I won my case! The key is really being SUPER specific about the circumstances of your separation. 'Performance issues' is vague - you need to be ready to drill down into exactly what happened. Do you have any written documentation of your performance reviews? Or the job description change? ANYTHING in writing will help your case so much!

I've been where you are and let me tell you, the TWC phone system makes it almost impossible to get clarification before your hearing. I tried calling for DAYS trying to ask questions about my appeal and kept getting busy signals or disconnected. Finally used Claimyr (claimyr.com) and got through to a TWC rep within 20 minutes who answered all my questions about the appeal process. They have a video showing how it works: https://youtu.be/V-IMvH88P88?si=kNxmh025COIlIzKh As for the hearing itself, be ready to explain: 1) Exactly how your role changed, 2) What specific performance issues they cited, and 3) How you tried to improve. The hearing officer will want specific examples, not general statements.

wut happens if u lose? do u hafta pay everything back right away?

Former TWC employee here. The most important thing to understand is the definition of misconduct in Texas unemployment terms. According to the Texas Unemployment Compensation Act, misconduct is defined as "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to ensure the orderly work and safety of employees." Simply not meeting performance standards is NOT misconduct. This is a crucial distinction. If your employer changed your role and then terminated you because you couldn't meet new expectations, that's not misconduct under TWC rules. During the hearing: 1. Listen carefully to the questions 2. Stick to facts, not emotions 3. Be specific about timeline and events 4. Clearly distinguish between performance issues and misconduct 5. Explain how you attempted to meet the new expectations The burden of proof is on the employer to prove misconduct. If they can't prove it was misconduct rather than performance, you should prevail.

ALSO!!! Make SURE you call in 5-10 minutes early for your hearing! My employer appeal hearing started exactly on time and they take attendance right away. If you're not there when they call roll, they might proceed without you and that would be TERRIBLE! Set like 3 alarms on your phone!

what if the employer doesn't show up to the hearing? Does that mean you win automatically?

After going through TWC appeals twice (won one, lost one), here's what made the difference for me: DOCUMENTATION. For the hearing I won, I had emails showing I followed company policy. For the one I lost, it was just my word against theirs. So gather ANYTHING written - text messages, emails, performance reviews, written warnings, handbook policies, etc. Even if something seems minor, it could help establish the timeline and show you're being truthful.

my cousin had 2 pay back $5000 after losing her appeal it RUINED her credit be careful what u say in that hearing

Based on everything you've shared, I think you have a good case as long as you present it clearly. Remember that you're defending against their appeal - they have to PROVE misconduct, which is a higher standard than just showing performance issues. One more tip: during the hearing, the officer will likely ask if you have any questions for your employer. This is your chance to ask questions that highlight your case. For example, you might ask: "Did I receive any disciplinary actions for misconduct before my termination?" or "Can you point to any company policies that I intentionally violated?" Stay focused, stick to the facts, and emphasize that while you may not have met new performance expectations, you were making good faith efforts to do so. That's the key distinction between performance and misconduct.