TWC approved my unemployment then scheduled appeal hearing 6 months later - what to expect?

Don't panic yet. The Appeal Tribunal is a formal hearing where both you and your former employer present your cases to a hearing officer. It's fairly common for employers to appeal determinations, and TWC often continues to pay benefits while appeals are pending because they've already made their initial determination in your favor. You should receive a packet in the mail with information about your hearing, including the specific reason for the appeal. This is CRUCIAL information you need to prepare your case. The hearing will focus only on that specific issue, not your entire claim. To prepare: - Gather all documentation related to your separation (termination letter, performance reviews, emails, etc.) - Make a timeline of events - Write down key points you want to make - Be prepared to explain why you were eligible for benefits You don't necessarily need a lawyer, but having one can be helpful. The appeals officer will give both sides a chance to present evidence and testimony. Be respectful, stick to facts, and answer questions clearly.

I went thru this EXACT situation last year!!! employer filed appeal after i already was approved and got my $$ and then i had to do appeal hearing like 7 mths later! the whole system is BROKEN!! my hearing was over the phone and it was super intimidating cuz my ex-boss brought their HR person AND a lawyer! they tried to say i was fired for attendance but i had proof i followed all policies. i was SO NERVOUS but the hearing officer was actually pretty fair and stuck to the facts. LONG STORY SHORT - i won my appeal and kept my benefits! but it was stressful af waiting for the decision letter to come in the mail. honestly, the best thing you can do is OVER PREPARE. write down EVERYTHING exactly as it happened. dates, names, what was said. and be 100% honest during the hearing because they can tell when ppl make stuff up.

To add to what others have said, your case sounds like it might involve a dispute about the reason for separation. If you were truly laid off due to position elimination, but your employer is now claiming misconduct, you need to focus on providing evidence that supports your version of events. During the hearing: 1. The hearing officer will place everyone under oath 2. Your employer will likely testify first since they filed the appeal 3. You'll have a chance to question their witnesses 4. Then you'll present your case 5. Your employer can question you Bring multiple copies of ANY documentation that supports your claim: the termination letter showing position elimination, positive performance reviews, any emails discussing the layoff, etc. One important thing to know: if you win again, this is over. If you lose, you can appeal to the Commission Appeals level within 14 days of receiving the decision.

i had a hearing last year and lost cuz i wasnt prepared enough. wish i had asked more questions beforehand. make sure u understand exactly what policy they claim u violated. also the hearing people record everything so dont interrupt when others r talking. and yes u can bring witnesses but they should have firsthand knowledge of what happened not just hearsay.

When is your hearing exactly? February is just around the corner, so you need to prepare now. If the hearing is by phone (most are these days), make sure you're in a quiet place with good reception. Have all your documents organized and in front of you. If it's in person, dress professionally like you would for a job interview. First impressions matter! Also, have you tried calling TWC to ask about the status of your case or why there was such a delay? Good luck getting through though... their phone lines are always jammed.

When I had trouble reaching TWC about my appeal last year, I tried Claimyr and it actually worked. It got me connected to a TWC agent in about 20 minutes when I'd been trying for days on my own. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Talking directly with a TWC rep made a huge difference in my appeal preparation. They explained exactly what documentation I needed and what to expect during the hearing. The rep even noted in my file that I had called to discuss the appeal, which I think helped show I was taking it seriously.

my friend got approved then had to do appeal and then they made him pay back alllll the money like $5k something. not trying to scare u but it happens. he shoulda had a lawyer probably

I want to reassure you about something: the fact that there was a significant delay between the appeal filing and your hearing notification is actually pretty common with TWC right now. They're still working through backlogs from the past few years. Regarding representation: While you don't legally need an attorney, you might want to contact Texas RioGrande Legal Aid or Legal Aid of NorthWest Texas if you qualify for free legal assistance. They sometimes help with unemployment appeals. Last tip: During the hearing, stick to answering exactly what was asked. Don't volunteer additional information or go off on tangents. The hearing officer is looking for specific facts relevant to the issue (in your case, whether misconduct occurred). Since you have documentation showing position elimination, make sure that's presented clearly.

One more important thing: review the TWC rules about what constitutes "misconduct" under Texas unemployment law. It's defined as "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the employer's property, putting co-workers' safety at risk, or intentional wrongdoing or malfeasance." A legitimate reduction in force or position elimination is NOT misconduct. If your termination letter clearly states your position was eliminated, that's strong evidence in your favor. Also, during the hearing, if your employer brings up alleged misconduct that they never previously documented or discussed with you, point that out to the hearing officer. TWC typically expects employers to have given employees warnings and opportunities to correct behavior before termination if it was truly for misconduct.

make sure u send any documents you plan to use to BOTH the hearing officer AND your former employer before the hearing. there are rules about when these need to be submitted. if u try to introduce new evidence during the hearing that you didn't share beforehand they might not accept it!!