TWC claim denied - employer changed termination reason after EQIP background check failure

omg that's so shady! my brother went through something similar with a diff company. they told him one reason then changed it with TWC. u should definately appeal and submit those emails as proof!!

This happens more often than you'd think. What your employer is doing could be considered misrepresentation. When you file your appeal (which you absolutely should), make sure to include any documentation that proves the actual reason for termination was the EQIP background check. The written determination letter should have instructions for appealing - you typically have 14 days from the date on the letter. During the appeal hearing, you'll need to present your evidence clearly. The hearing officer will ask both sides questions, and you'll need to explain why failing the background check shouldn't disqualify you from benefits (it was out of your control and not related to work performance). If your evidence is solid, TWC often sides with the claimant in these situations.

Yes, you absolutely must continue requesting payments and completing work search activities during your appeal. If you win the appeal, you'll only get paid for weeks you properly requested payment and met work search requirements. Make sure you're documenting at least 3 work search activities per week. Keep detailed records of all your job applications, including company names, positions, application dates, and contact information. TWC can ask for verification of these at any time.

Employers lie ALL THE TIME to TWC!!! They know most people don't appeal or don't know how to fight back properly. The system is RIGGED against workers. I had three appeals with TWC over the years and won twice because I had PROOF just like you do. Save EVERYTHING. Print those emails and texts! Don't let them get away with this!!!

nyone else been stuck on hold with TWC for hours?? been trying to reach them about my determination letter for 2 days and cant get a human to talk to me

Update: I spoke with a TWC representative this morning (finally got through after many attempts). They confirmed I should file an appeal and include all documentation showing the real reason for termination. They said changing termination reasons happens frequently and that the burden is on me to prove what actually happened. I've gathered all my evidence - emails from HR mentioning the EQIP check, text messages from my manager, and even my original offer letter that mentioned passing the background check was a condition of employment. Appeal hearing is scheduled for next month. Will keep you all posted!

I had the exact same thing happen only it was a different type of check that i failed. company told me that was why but then told TWC i was habitually late. totally false! what i learned in my appeal is that u need to focus on proving what they told u directly not why u failed the check. the twc judge person asked me specifically what my manager said the day i was fired. word for word. my manager didnt show up to the hearing and i won by default

To answer your question about employer payments - employers don't directly pay back benefits to TWC after losing an appeal. They pay unemployment taxes, and their tax rate can increase based on benefits charged to their account. This is likely why some employers contest claims or misrepresent termination reasons. For your appeal, focus on these key points: 1. You were meeting performance standards (bring performance reviews if available) 2. The EQIP check was beyond your control 3. Your termination was solely due to the background check, not performance 4. You have documentation proving the real reason Remember to maintain a professional tone during the hearing, even if your former employer makes false statements.