TWC appeal hearing tomorrow for termination due to tardiness - anyone won similar cases?

I won my appeal for a similar situation last year. Here's what you need to know about the hearing process: 1. Be ready 15 minutes early for the call 2. Have a list of all your tardies with explanations for each one 3. For the ones with documented reasons (like traffic accidents), make sure you have news reports or traffic alerts to show 4. The hearing officer will ask both you and your employer questions 5. When it's your turn to explain, focus on whether your employer had clear policies that you were aware of and whether your tardiness was truly within your control The key with TWC appeals is showing your actions weren't willful misconduct. Since two of your tardies were due to documented accidents, emphasize those weren't your fault. Also mention if you were otherwise a good employee with no disciplinary issues. Good luck!

I lost my apeeal for being fired because of attendance issues but mine was worse than yours. I had 12 absenses and 5 tardies in two months. The TWC hearing officer said that was clearly misconduct because I didn't follow company policy that I signed when i got hired. BUT the difference is that you were only 1 over the limit and had some with good reasons!!! Make sure you explain about the traffic accidents and bring ANY proof you have!!

I've been through several TWC appeal hearings (I'm a former HR manager). For tardiness cases, the hearing officer will focus on three things: 1. Did the employer have a clear, written policy about tardiness? 2. Were you aware of this policy? 3. Were your tardies truly within your control? The fact that two of your tardies were due to documented traffic incidents helps your case significantly. Typically, TWC doesn't consider one-time tardiness as misconduct, but a pattern can be considered misconduct if it was within your control. Make sure to present yourself professionally during the call. Speak clearly, don't interrupt, and stick to factual information rather than emotional responses. When asked about each incident, be honest but emphasize any extenuating circumstances. In my experience, TWC is generally fair in these hearings. If you can show that at least some of your tardies were beyond your control, you have a decent chance of winning the appeal.

UGH the whole system is rigged against workers!! I had a similar appeal and lost even though I had good reasons for my tardies. The hearing officer just sided with my employer on everything. They don't care about workers at all. Get ready to be treated unfairly and interrupted constantly. my hearing was supposed to be 30 minutes and lasted over an hour with them asking the same questions over and over trying to trip me up!!!

If you're having trouble getting through to TWC to confirm your hearing details or have last-minute questions, try using Claimyr (claimyr.com). They got me connected to a TWC rep in under 20 minutes when I was trying to prepare for my appeal hearing last month. I was on hold for HOURS trying to call directly before that. There's a demo video that explains how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh They connected me directly to a TWC agent who helped me understand exactly what to expect in my hearing. Super helpful when you're stressed and need answers quickly!

good luck with your appeal! i had one for a different reason (they said i quit but i was actually laid off) and i was sooooo nervous but it went ok. just be honest and explain your situation clearly. my hearing was scheduled for 45 mins but only took about 25.

One more important tip: Take detailed notes during the hearing. If you need to appeal further (to the Commission Appeals level), those notes will be crucial. Also, make sure to submit any evidence you have to the hearing officer before the hearing starts. You can usually email documents directly to the officer handling your case. And remember that for tardiness cases specifically, TWC typically looks at whether your actions showed a willful disregard for your employer's interests. Being occasionally late due to unexpected circumstances (like traffic accidents) usually doesn't rise to that level - unless it becomes an excessive pattern without improvement.

My roommate won her appeal for something similar! Her boss fired her for being late 4 times in a month but the policy said 5 times. The TWC person asked her a bunch of questions about the policy and if she knew about it. They also asked her ex-boss if they gave her warnings before firing her. My roommate had screenshots of the employee handbook showing the policy and she won! Make sure you have the policy in writing if possible.

i had a hearing last month and just want to say dont be nervous! the hearing officer was actually really nice and just wanted to get the facts. just be honest and explain your situation clearly. they aren't trying to trick you or anything.

Just wanted to update everyone - I had my hearing this morning and I think it went OK! The hearing officer asked me to explain each tardy and I was able to provide documentation for the two that were caused by traffic accidents (thanks for suggesting I email them in advance). My employer admitted they didn't give me any written warnings before the final termination, just verbal reminders of the policy. The hearing officer said I should receive a decision in 7-14 days. Fingers crossed! Thank you all for the advice - it really helped me prepare and feel more confident.