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TWC claim denied because employer won't verify employment - he has W-2 and paystubs!

Hey everyone, I'm trying to help my buddy who's in a weird situation with his TWC claim. He applied for unemployment back in January, but his former employer is refusing to confirm he worked there when TWC contacts them. The crazy thing is, he has his W-2 from them, multiple check stubs, and even coworkers who can verify he worked there! He's still waiting on his 2023 tax return too, which would show the same employment info. TWC sent him a determination letter last week saying his claim was denied because they couldn't verify employment. What steps should he take now? Can he appeal this with his documentation? Has anyone dealt with something similar before?

Your friend 100% needs to appeal this determination immediately! He only has 14 calendar days from the date on that determination letter to file the appeal. This happens more often than you'd think - especially with smaller businesses that don't want their UI tax rates to increase. He should submit copies (not originals) of ALL documentation: W-2, every paystub he has, any employment contract, emails from his work account, badge photos, etc. The more paper trail the better. He can file the appeal online through his TWC account or mail it in, but online is faster.

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Ravi Patel

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Thank you so much! I'll tell him to file the appeal right away. The letter came last Thursday so I think he still has about 8 days left. Should he also try to get written statements from his former coworkers? And do you know if it helps to include his bank statements showing the deposits from that employer?

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PixelPrincess

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omg this literally happened to my cousin last year!! his boss was such a jerk and tried to say he only worked there for like 2 months when it was really over a year. twc ended up approving him after he sent in all his pay stubs. tell your friend to keep fighting!!

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Omar Farouk

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Same here!!! My employer tried claiming I was a contractor NOT an employee even tho they took out taxes from every check! The system is rigged to help employers. Make sure your friend CALLS TWC directly too - documentation alone sometimes gets "lost" in their system 🙄

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Chloe Martin

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Your friend should also file a wage claim with the Texas Workforce Commission if the employer is denying his employment. This is separate from unemployment and deals specifically with wage theft/employment verification issues. You can do this even while appealing the UI denial. The TWC wage claim investigation might actually help his unemployment case too.

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Ravi Patel

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I didn't even know about wage claims! That's a great idea since it's like the employer is basically saying they didn't pay him even though they did. I'll pass this along to him too. Really appreciate all the help from everyone.

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I went through something similar and it was a huge headache trying to reach TWC to explain my situation. I was getting disconnected constantly or waiting for hours. Finally used a service called Claimyr (claimyr.com) that got me connected to a TWC agent in about 20 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh For a situation like your friend's where there's documentation but the employer is being difficult, actually talking to a live agent makes a huge difference. They can see the notes on his file and give specific guidance on what documentation to submit with the appeal.

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Does this Claimyr thing actually work? I've been trying to get through to TWC for 2 weeks now and I'm about to lose my mind!!

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Yes, it worked for me. I was skeptical too but I was desperate after trying for days to get through. It's not free but worth it when you need to actually speak to someone at TWC instead of dealing with their automated system.

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Tell your friend to be VERY CAREFUL about the appeal deadline!!! I missed mine by ONE DAY and had to start the whole process over with a new claim. The letter says 14 calendar days not business days!!!! Also the determination letter should list exactly why they denied him - make sure he addresses that specific reason in his appeal. If it says "unable to verify employment" then the W2 and paystubs should be enough but he needs to highlight the employer name and his name on all docs.

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Ravi Patel

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Thanks for the warning! I just texted him to make sure he knows it's calendar days. The letter definitely says "unable to verify employment" as the reason. I'll tell him to highlight the important info on his documents too.

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Omar Farouk

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The Texas workforce system is SO BROKEN. I had 3 appeals last year because my employer kept lying about everything. Make sure your friend knows that the appeal hearing is usually by phone and THE EMPLOYER WILL BE ON THE CALL too! He needs to stay calm and professional even when they lie. Also tell him to talk to the hearing officer ONLY - not argue directly with the employer. And he should practice explaining his case in 2-3 minutes because they don't give you much time.

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Ravi Patel

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Oh wow, I didn't realize they'd be on the same call. That's going to be awkward since his boss was pretty hostile when he left. I'll definitely warn him to stay calm and professional. Is it better to have all his documents organized and ready to reference during the call?

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Omar Farouk

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YES! Have everything organized by date and be ready to say exactly which document proves which point. Numbers are powerful - "I worked there from March 15, 2023 to December 22, 2023 as shown on my W2 and final paystub dated 12/22/23." The more specific the better!

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One more important tip: If your friend is still waiting on his 2023 tax return, he should at least get a tax transcript from the IRS website. It's free and shows all W-2s that were filed for his SSN. This is official government documentation that the hearing officer will take seriously. The transcript will confirm which employers reported wages for him and how much - which directly contradicts the employer's claim that he didn't work there. This kind of third-party verification can be extremely convincing in appeal hearings.

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Ravi Patel

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That's brilliant! I'll tell him to get the tax transcript right away. Do you know if there's a way to expedite the appeal process? He's getting pretty desperate financially.

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Unfortunately, there's no way to expedite the appeal timeline itself - they're scheduled in the order received. However, making sure he submits a complete appeal with all documentation right away helps avoid delays. Also, he should keep requesting payment every two weeks even while waiting for the appeal. If he wins, he'll get backpay for all the weeks he requested.

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Zara Khan

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had the same thing happen to me last year my boss was trying to avoud paying unemployemnt taxes i guess. i brought my w2 and paystubs to the appeal hearing and won. but it took like 6 weeks to get a hearing date. tell your friend to apply for food stamps while he waits cause the appeal process is slooooow

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Ravi Patel

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6 weeks?! Yikes, that's a long time to wait without income. I'll definitely suggest he look into food stamps and other assistance. Did you have to keep doing work searches during those 6 weeks?

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Chloe Martin

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Just to add something important - your friend should gather any evidence of his job search efforts while this is being resolved. Texas currently requires 3 work search activities per week to remain eligible for benefits. Even though his claim is denied right now, if he wins the appeal, he'll need to prove he was doing the required work searches during this waiting period to receive backpay for those weeks. Have him document everything and keep screenshots of job applications.

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Ravi Patel

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Thank you for mentioning this! He hasn't been doing work searches because he thought he needed to fix the denial first. I'll let him know he needs to start right away and keep records. Does registering on WorkInTexas.com count as one of the activities?

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Chloe Martin

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Yes, initially registering on WorkInTexas.com counts as one work search activity, but only for the first week. After that, he needs 3 new activities every week (job applications, interviews, resume submissions, etc). Make sure he knows that for each activity he needs to record the date, company name, position, method of contact, and result.

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