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!!

I went through something very similar about 18 months ago - employer appealed after I was already approved and receiving benefits. The delay you experienced is unfortunately normal due to TWC's backlog issues. Here's what really helped me prepare: I created a simple one-page timeline with dates showing exactly what happened leading up to my termination. Since your termination letter specifically mentions "position elimination due to departmental restructuring," that's your strongest piece of evidence. Make copies for everyone involved in the hearing. During my hearing, the employer tried to bring up minor issues that were never documented or addressed during my employment. The hearing officer asked them directly why these weren't mentioned in my personnel file or addressed through progressive discipline if they were serious enough to constitute misconduct. That really hurt their case. Stay calm during the hearing and remember - you already won once when the initial investigator approved your claim after interviewing both parties. The burden is on your employer to prove misconduct occurred, not on you to prove it didn't. Good luck!

I'm really sorry you're going through this stress - the uncertainty around potentially having to pay back benefits is awful. I went through a similar appeal situation about 2 years ago, though mine was scheduled much faster. A few practical tips that helped me: - Practice explaining your situation out loud beforehand. I recorded myself on my phone and listened back to catch where I was rambling or getting off-topic - Write down 3-4 key points you want to make and keep that paper in front of you during the hearing - If your employer brings up alleged misconduct during the hearing, ask them directly when this was documented in your personnel file or when you were formally warned about it The good news is that "position elimination due to departmental restructuring" is pretty clear-cut - that's not misconduct by any definition. Your employer is going to have a hard time proving otherwise, especially if they never documented any performance issues while you were employed. One last thing - even if you lose at this level (which seems unlikely given your documentation), you can still appeal to the Commission level. This isn't necessarily the end of the road. Try to get some sleep and remember that you've already been through this process once and won!

I've been through this exact situation and I understand how terrifying it feels right now. The 6-month delay is unfortunately very common with TWC - they're still dealing with massive backlogs from the pandemic era. Here's what you need to know: The fact that the initial investigator approved your claim after interviewing both you AND your employer is actually a really strong position to be in. They already heard your employer's side of the story and didn't buy it. For your hearing preparation: - Your termination letter stating "position elimination" is golden - make multiple copies - Gather any emails about the layoff/restructuring from around that time - If you have positive performance reviews, bring those too - Write a simple timeline of events leading to your termination The key thing to remember is that your employer has to PROVE misconduct occurred, not just claim it. "Position elimination due to departmental restructuring" is the opposite of misconduct - it's a legitimate business decision that has nothing to do with your conduct. During the hearing, stick to facts, don't get emotional, and let your documentation speak for itself. You've got this! The evidence is clearly in your favor.

I know this is incredibly stressful, but try to remember that you're in a much stronger position than you realize. The fact that TWC approved your benefits after conducting an investigation where they interviewed both you and your employer is huge. They already evaluated your employer's claims and found them insufficient to deny benefits. The 6+ month delay is frustrating but unfortunately normal right now. What matters most is that you have clear documentation showing "position elimination due to departmental restructuring" - this is textbook evidence that your separation was NOT due to misconduct. Here's my advice for the hearing: - Bring your termination letter and multiple copies for everyone - If you have any emails or memos about the restructuring/layoffs, bring those too - Stay factual and don't let your employer bait you into arguing about unrelated issues - If they claim misconduct, ask when it was documented or when you were warned about it Remember: they have to PROVE misconduct occurred with actual evidence, not just make accusations. Your documentation directly contradicts their misconduct claim. You've already won this fight once - you can do it again!

I've been following this thread and wanted to add one more perspective as someone who works in HR and has dealt with unemployment appeals from the employer side. What your employer is doing - claiming misconduct after clearly documenting "position elimination due to departmental restructuring" - is unfortunately a common tactic to try to avoid paying higher unemployment insurance rates. But it's also usually unsuccessful when the employee has proper documentation. The fact that they waited until AFTER you were approved to file the appeal (rather than providing this "misconduct" evidence during the initial investigation) is actually a red flag that will work in your favor. If there was legitimate misconduct, why didn't they present that evidence to the initial investigator? During your hearing, if they try to bring up alleged performance issues or policy violations, make sure to ask: 1. "When was this documented in my personnel file?" 2. "What progressive discipline was I given for this issue?" 3. "Why wasn't this mentioned in my termination letter?" Texas law requires employers to show a pattern of documented misconduct or a single serious violation. Random unsubstantiated claims made months later don't meet that standard. Your termination letter is your smoking gun - stick to that and don't let them derail you with made-up accusations. You're going to be fine!

I went through almost this exact situation about a year ago - employer appealed after I was already approved and getting benefits, then had to wait months for the hearing. The delay is frustrating but totally normal with TWC's backlog issues. Here's what really helped me prepare and ultimately win my appeal: **Before the hearing:** - Organize ALL your documents (termination letter, performance reviews, any emails about layoffs/restructuring) - Create a simple timeline of events leading to your termination - Practice explaining your situation clearly and concisely - Submit copies of your evidence to both the hearing officer and your employer 24+ hours before the hearing **During the hearing:** - Stay calm and stick to facts only - Let your termination letter do the talking - "position elimination due to departmental restructuring" is NOT misconduct - If they claim misconduct, ask when it was documented and why it wasn't mentioned in your termination paperwork - Answer only what's asked, don't volunteer extra information The fact that the initial TWC investigator already approved you after interviewing both parties is huge in your favor. They already heard your employer's story and didn't buy it. Your employer has to PROVE misconduct occurred with actual evidence, not just make accusations. You're in a much stronger position than you realize. The documentation clearly supports you, and Texas unemployment law is pretty clear about what constitutes misconduct. Position elimination definitely isn't it!

I'm so sorry you're going through this stress - I can only imagine how panicked you must feel right now! But honestly, reading your situation, I think you're in a much stronger position than you realize. The fact that your termination letter explicitly states "position elimination due to departmental restructuring" is HUGE in your favor. That's literally the opposite of misconduct - it's a legitimate business decision that has nothing to do with your performance or behavior. Your employer is going to have a really hard time arguing misconduct when their own documentation says otherwise. Also, don't underestimate the significance of that initial TWC investigator approving your claim after interviewing BOTH you and your employer. They already heard whatever story your employer was trying to tell and clearly didn't find it credible enough to deny your benefits. That investigator had all the same information your employer is going to present at the appeal hearing. The 6+ month delay is incredibly frustrating but unfortunately very common right now due to TWC's ongoing backlog issues. It doesn't reflect anything negative about your case. My advice: Focus on organizing your documentation (especially that termination letter), stay factual during the hearing, and remember that the burden is on THEM to prove misconduct occurred with actual evidence. You've got this! Your documentation clearly supports your case, and you've already won this fight once before.

I've been through a similar appeal situation and want to offer some encouragement - your case actually sounds really strong based on what you've shared! The most important thing to understand is that Texas unemployment law has a very specific definition of "misconduct." It must be willful or wanton disregard of the employer's interest, deliberate violation of rules, or disregard of standards of behavior the employer has a right to expect. A legitimate layoff due to "position elimination" is absolutely NOT misconduct under any definition. Your employer is essentially trying to rewrite history here. They documented the separation as position elimination, the initial TWC investigator approved your claim after hearing both sides, and now suddenly months later they're claiming misconduct? That's going to raise red flags with the hearing officer. For your February 12th hearing, focus on these key points: - Your termination letter clearly states "position elimination due to departmental restructuring" - You received no prior disciplinary actions or warnings - If misconduct existed, why wasn't it documented at the time of termination? - The initial investigator already evaluated these same claims and found them insufficient Don't let them intimidate you with lawyers or HR representatives. Your documentation speaks for itself, and you've already won this argument once. The hearing officer will focus on facts and evidence, not dramatics. Stay calm, stick to the truth, and trust in the strength of your case. You've got this!

I'm really sorry you're dealing with this stress right now - I can completely understand how terrifying it must feel to potentially have to pay back that much money! But honestly, after reading through your situation and all the excellent advice others have given, I think you're actually in a really solid position. The key thing that jumped out to me is that your employer is essentially contradicting their own documentation. They literally put "position elimination due to departmental restructuring" on your termination letter, and now months later they're suddenly claiming it was misconduct? That's going to look really bad to the hearing officer. Also, the fact that the initial TWC investigator approved your claim AFTER interviewing both you and your employer is huge. If there was legitimate misconduct, your employer had every opportunity to present that evidence during the initial investigation. The investigator clearly didn't find their claims credible enough to deny your benefits. A few practical tips for your February 12th hearing: - Keep multiple copies of that termination letter handy - it's your best evidence - If they try to bring up alleged performance issues, ask when these were documented in your personnel file - Stay calm and factual - don't let them bait you into getting emotional - Remember that THEY have to prove misconduct occurred, not you proving it didn't The 6-month delay is frustrating but unfortunately normal with TWC's current backlog issues. It doesn't reflect anything negative about your case. You've already won this fight once - you can absolutely do it again! Good luck with your hearing!