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TWC appeal hearing where employer no-showed - how long until decision after witnesses testified?

Just had my TWC appeal hearing this morning and I'm feeling cautiously optimistic! My former employer didn't even show up for the call, which I hope is good for my case. I had three coworkers testify that they all did the exact same thing I supposedly got fired for, but none of them were terminated. The hearing officer seemed pretty interested in that testimony. Now I'm just anxious about how long I'll have to wait for a decision. Has anyone been through this recently? How long did it take to get your determination letter after a hearing where the employer didn't show? I'm going on 10 weeks without benefits and really need this to go in my favor.

Omar Hassan

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ur in good shape! when the employer doesn't show up u usually win those cases. took me like 2 weeks to get my determination letter in the mail after my hearing but that was back in November so might be different now

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Thanks for the response! Did you get any backpay for the weeks you were waiting? I filed back in early March and haven't seen a penny yet.

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I had EXACT same situation in January!! Employer fired me for being 5 min late but I showed time records that 4 other people were late constantly and weren't fired. My boss didn't call in either and hearing took maybe 20 minutes. I got my determination letter in 9 days and it was APPROVED!! They backdated all my payments to when I first filed - got about $5200 deposited all at once. Good luck!!!

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That's amazing! I hope mine goes that quickly. Would be a huge relief to get the backpay in one lump sum like that. Did they just automatically deposit it after the approval, or did you have to do anything extra?

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They just deposited it! I just kept doing my payment requests every 2 weeks like normal even while waiting for the appeal. As soon as determination came through I got an email saying payment had been released, then $$ showed up next day. Make SURE ur still doing ur payment requests every 2 weeks!!

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Diego Chavez

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In a Texas TWC appeal hearing, when the employer fails to appear and you have witness testimony supporting your case, you're in a strong position. The hearing officer's decision timeframe typically ranges from 7-14 days, though it can occasionally take up to 21 days during busier periods. Important points to remember: 1. Continue submitting your payment requests every two weeks while waiting 2. If approved, you'll receive all backdated payments from your initial filing date 3. The determination letter will arrive by mail, but you can also check your online account daily 4. If your employer doesn't appeal within 14 days of the decision, it becomes final Your witness testimony about similarly-situated employees receiving different treatment is particularly compelling evidence in constructive discharge and disparate treatment cases.

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Thank you so much for this detailed info! I've been doing my payment requests religiously every two weeks, so I should be good there. I'll keep checking my online account daily. Do you know if the determination shows up online before the physical letter arrives in the mail?

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Diego Chavez

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Yes, typically the determination will appear in your online account 1-3 days before the physical letter arrives. Look for a status change from "Appeal Pending" to either "Eligible" or "Benefits Released" in your claim status section. You can also check the "Determination and Correspondence" tab for the official decision letter once it's been processed.

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NeonNebula

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This is perfect timing - I just went through this exact situation last month. When your employer doesn't show up to the hearing, it definitely works in your favor, but it's not an automatic win. The hearing officer still needs to evaluate if your termination was for misconduct based on the evidence presented. In my case, the hearing officer asked me detailed questions about company policies and whether I had received warnings. Having witnesses testify that others did the same thing without consequences was CRUCIAL to my case. I received my determination letter 12 days after the hearing, and it was approved! However, the TWC website showed my claim status change to "Eligible" about 4 days earlier. Keep checking your online account daily. One tip - if you're desperately waiting for an answer and can't get through to TWC on the phone (I tried for 3 days straight), I used a service called Claimyr (claimyr.com) that got me connected to a TWC agent in about 20 minutes. They have a video demo showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. The agent was able to tell me my appeal status even before it updated online.

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Does this Claimyr thing actually work? I've been trying to get through to TWC for WEEKS about my claim and it's always busy signals or the automated system just hangs up on me. Getting really frustrated!!!

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Thanks for sharing your experience! The hearing officer did ask me about company policies and prior warnings. I was able to show I never had any write-ups or warnings before this sudden termination. And yeah, my coworkers' testimony seemed to make a big impression when they said they all did the same thing without consequences. I'll check out that Claimyr service if I don't see anything update in the next week or so. Getting through to TWC has been impossible so far.

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Sean Kelly

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Honstly the TWC system is total BS! Dont get 2 excited, my employer didnt show up either and I STILL got denied!! Took 3 weeks to get the stupid letter and they said I didn't provide enough evidence or something, even though I sent them ALL my emails. The whole system is rigged against workers and for employers. Now I'm having to appeal AGAIN and its been 4 months without a penny!!! This is my 3rd time on TX unemployment and its getting worse every time.

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Omar Hassan

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srry man that sucks. did u have witnesses? op had ppl testify for them thats pretty solid evidence

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I'm so sorry that happened to you! That's exactly what I'm worried about. Did you have any witnesses that could testify on your behalf? I'm hoping the fact that I had three coworkers speak up for me will make a difference.

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NeonNebula

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Quick update - I just checked my TWC account today and my status changed from "Appeal Pending" to "Eligible" and there's a determination letter dated yesterday in my correspondence! The hearing officer ruled in my favor since the employer failed to appear and present evidence of misconduct, plus my witnesses' testimony proved inconsistent application of company policy. All my backpay is being processed now! Just wanted to share the good news and timeline - it took exactly 8 days from hearing to determination in my case. Thanks everyone for your support and advice during this stressful time!

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CONGRATS!!! Told ya it would work out! Employer no-shows are usually good news. Enjoy that backpay!!! 💰💰💰

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Diego Chavez

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Excellent news! This is a good reminder for everyone that in Texas unemployment appeals, the burden of proof is on the employer to demonstrate misconduct. When they fail to appear, they typically cannot meet this burden, especially when countered with witness testimony supporting the claimant's position. Congratulations on your successful appeal.

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