TWC approved my benefits but now employer filed appeal - will I have to repay?

I went through almost the EXACT same thing last year! Yes, your benefits should continue until the appeal hearing decision is made. The TWC won't cut you off just because your employer filed an appeal - that would be unfair since you were initially approved. BUT - and this is important - if the decision gets reversed after the hearing, then yes, you'll have to pay back everything you received. This is considered an "overpayment." Make sure you thoroughly prepare for your appeal hearing. Have documentation ready that proves your hours were cut that drastically. Texts, emails, schedules showing the reduction - anything that backs up your side. When is your hearing scheduled?

contiue requesting ur payments every 2 weeks even during the appeal process!! dont miss any or theyll say u abandoned ur claim

As someone who's worked with TWC claims for years, I can tell you that a substantial reduction in hours (like from 40 to 12) is generally considered good cause for leaving employment - this is called "constructive discharge" in many cases. From what you've described, you have a strong case as long as you can document the reduction. For your hearing: 1. Make at least 4 copies of ALL documentation (for yourself, the hearing officer, employer, and file) 2. Write out a clear timeline of events 3. Be prepared to explain how the reduced hours affected your financial situation 4. Stay calm and professional during the hearing, stick to facts 5. If it's a phone hearing, be in a quiet place with good reception Regarding your questions: • Benefits continue during appeal process • If decision is reversed, it creates an overpayment • You would receive notice about repayment options if that happens (usually can set up a payment plan) Lastly, continue meeting ALL work search requirements during this time!

BE CAREFUL!!! My employer did the same thing and I lost the appeal because they lied saying I could have had more hours if I'd been "flexible" when that was NEVER an option! These hearings are totally RIGGED against workers in Texas! They made me pay back over $2,400 and it was a NIGHTMARE!!! The TWC doesn't care about us - they just want to keep employers happy. I'm still mad about it 8 months later.

@OP regarding your question about the employer potentially claiming they offered other shifts - this is EXACTLY why preparation is key. You should: 1. Address this directly in the hearing if they bring it up 2. Explain any legitimate barriers (like childcare issues with the overnight shift) 3. Emphasize that one alternative shift didn't come close to replacing the 28 hours cut from your schedule 4. Ask them to produce evidence of any other shifts they claim to have offered The hearing officer will be looking at whether a reasonable person in your situation would have considered the reduction/alternatives to be suitable employment. A 70% reduction in hours with only one unsuitable alternative shift offered strengthens your case.

I've been through TWC appeals and the phone system is HORRIBLE. I spent 3 weeks trying to reach someone about my hearing details and kept getting busy signals or disconnected. Eventually I found this service called Claimyr that got me connected to a TWC agent in about 25 minutes instead of waiting days. They have a video showing how it works at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Their website is claimyr.com if you need to actually talk to someone at TWC before your hearing. I was skeptical but it saved me so much frustration when I needed clarification about my appeal documents.

@commentor yes it worked for me! I was connected in like 22 minutes when I'd been trying for days on my own. Just followed the steps on their site.

my aunt had her benefits stopped during appeal but my cousin didnt so i think it depends on your claims examiner tbh

Update: I called TWC this morning (took forever to get through) and finally spoke to someone who confirmed my benefits will continue during the appeal process. They also suggested I upload any additional documentation to my online portal before the hearing. Feeling a bit less stressed now, but still nervous about the hearing itself. Thank you all for the helpful advice!

Just wanted to add my experience - I had a similar situation where my employer appealed after I was already receiving benefits. The key thing that helped me win was having EVERYTHING documented. I made a simple timeline with dates showing: when my hours were cut, when I tried to discuss it with management, when I realized it was permanent, and when I finally had to quit. Also, calculate the exact financial impact - show how the hour reduction made the job financially unsustainable. In your case, going from 40 to 12 hours is a 70% pay cut! That's clearly not suitable employment by any reasonable standard. One more tip: if your employer tries to claim you could have gotten more hours, ask them specifically what dates those hours were available and why they weren't offered to you initially. Put the burden of proof on them. You've got this!

I'm dealing with a very similar situation right now - my employer also appealed after I was approved for benefits due to hour reductions. One thing that really helped me prepare was requesting my complete employment file from HR before the hearing. Sometimes employers will reference internal memos or performance reviews during appeals, so having your full file helps you prepare for any surprises they might bring up. Also, don't forget to document your job search activities extra carefully during this time. Even though you're focused on the appeal, you still need to meet all the regular requirements. I made the mistake of getting so stressed about my hearing that I almost missed a work search deadline. The waiting period before the hearing is nerve-wracking, but from what I've seen in this community, cases like yours with clear documentation of hour reductions usually turn out favorably. Stay strong and keep preparing - you've got legitimate grounds for your claim!

I went through this exact scenario about 6 months ago! My employer appealed after I'd been receiving benefits for 3 weeks due to a similar hours reduction situation. Here's what I learned: Your benefits WILL continue during the appeal process - this is standard procedure when you were initially approved. The TWC considers it unfair to cut off benefits just because the employer filed an appeal. However, if the appeal decision goes against you, then yes, you would have to repay everything. But given your situation (40 hours cut to 12 hours), you have a very strong case for "constructive discharge." That's essentially being forced to quit due to unacceptable changes in working conditions. For your hearing preparation, I'd recommend: - Print multiple copies of your old vs. new schedule - Save any communication about the hours reduction - Calculate the exact dollar amount of lost weekly income - Write a brief timeline of events leading to your departure The hearing officer will likely ask your employer to justify why a 70% reduction in hours should be considered "suitable employment" - which is nearly impossible to defend. I won my appeal and kept all my benefits. Stay confident and stick to the facts - you've got this! The documentation you mentioned (schedules and text messages) should be more than enough to support your case.

I'm new to this community but going through something similar right now - my employer just filed an appeal after I'd been receiving benefits for 2 weeks due to a schedule change that made my job unsustainable. Reading through all these responses is so helpful and reassuring! @Yuki Watanabe - your situation sounds really strong based on what everyone is saying here. A reduction from 40 to 12 hours is massive and clearly not reasonable to expect someone to survive on. The fact that you have documentation (schedules and text messages) puts you in a much better position than a lot of people. One thing I noticed that might help - you mentioned your manager confirmed the reduction was permanent via text. That's huge! It shows they weren't planning to restore your hours, which supports the "constructive discharge" argument that @Zoe Papadakis mentioned. I'm also dealing with the stress of potentially having to repay benefits, but seeing success stories like @Emma Davis gives me hope that these cases can be won when you have good documentation. Keep us updated on how your hearing goes - I think a lot of us in similar situations would benefit from hearing the outcome!

I'm also going through an employer appeal right now and wanted to add something that helped me - make sure to keep detailed records of all your communication with TWC during this process. Save confirmation numbers from any calls, screenshot any portal updates, and keep copies of all letters/notices you receive. The reason I mention this is that during my appeal preparation, there was some confusion about whether certain documents had been submitted properly. Having my own detailed records helped clear that up quickly. Also, if you need to call TWC again before your hearing, try calling right when they open at 8 AM - I've had better luck getting through early in the day. Your case sounds very strong with that documentation showing the permanent hour reduction. A 70% cut in hours would make anyone's job financially unsustainable. Stay confident and keep preparing - you've got legitimate grounds for your claim and good evidence to back it up!

I just wanted to chime in as someone who's been through the TWC system multiple times over the years. Your situation is actually one of the stronger cases I've seen for unemployment benefits - a reduction from 40 to 12 hours is absolutely devastating financially and clearly constitutes good cause for leaving. A few additional thoughts that might help: 1. When you're preparing your timeline, include the specific dollar amounts. Show exactly what you were earning at 40 hours vs. what you would have earned at 12 hours. The stark financial reality will be hard for anyone to argue against. 2. If you have any bills or financial obligations that demonstrate why the reduced income was unsustainable (rent, car payment, etc.), consider bringing copies to show the impossibility of surviving on 12 hours/week. 3. During the hearing, let your employer speak first if possible. Sometimes they'll make statements that actually help your case or contradict their own appeal filing. The fact that you've been diligent about your work search requirements and have clear documentation puts you in an excellent position. I know the waiting is stressful, but try to stay confident - you have legitimate grounds and good evidence. Keep us posted on how it goes!

I'm dealing with a very similar employer appeal situation right now, so I really feel for what you're going through! The anxiety about potentially having to repay benefits is really overwhelming, but from everything I've read and experienced, your case sounds extremely strong. The reduction from 40 to 12 hours is textbook constructive discharge - no reasonable person should be expected to survive on a 70% pay cut like that. The fact that you have documentation (the schedules and that text message confirming it was permanent) puts you in a much better position than many people facing appeals. One thing that's helped me stay calm during my own appeal process is remembering that YOU were initially approved after a thorough review by TWC. They don't approve claims lightly, especially after a 7-week wait and additional questioning like you experienced. Your employer now has to prove their case to overturn that decision, and "we cut his hours by 70% but he should have stayed anyway" is not going to be a compelling argument. Make sure to keep doing those work searches and requesting payments as usual. The system is designed to continue your benefits during employer appeals - it would be totally unfair otherwise. You've got this, and I think your hearing will go better than you expect. Please keep us updated on May 17th!

I'm going through my first TWC appeal right now and this entire thread has been incredibly helpful and reassuring! Reading everyone's experiences and advice is making me feel so much more prepared and confident about the process. @Yuki Watanabe - your situation with the 40 to 12 hour reduction is such a clear case of constructive discharge. Having that text message where your manager confirmed the reduction was permanent is absolutely golden evidence! That eliminates any argument they might try to make about it being temporary or that you should have "waited it out." What really strikes me from all the experienced members' responses is how strong your documentation is compared to a lot of appeal cases. You have schedules showing the exact hour reduction, text confirmation it was permanent, and you went through a thorough 7-week initial review process before being approved. That's a solid foundation. The advice about calculating the exact financial impact is spot on - showing the dollar difference between 40 vs 12 hours will make the impossibility of that situation crystal clear to the hearing officer. No one can reasonably be expected to survive on a 70% pay cut! Keep us all updated after your May 17th hearing - I think you're going to do great and it'll be encouraging for others of us going through similar appeals. You've got this!