TWC claim denied - employer lying about firing vs. resignation after whistleblowing

You need to appeal as soon as you get that determination letter. Don't wait the full 14 days. In your appeal, clearly explain you were forced to resign due to retaliation after whistleblowing, and that you filed an EEOC complaint. This is crucial: have documentation ready showing the timeline - emails, texts, written warnings (or lack thereof), performance reviews, etc. The TWC hearing officer will give you a chance to present your side. Make sure you mention that your separation was a "constructive discharge" not misconduct. Good luck!

omg the EXACT same thing happened to me last yr!!!! my boss made my life HELL after I reported sexual harassment until I had to quit, then told TWC I was fired for attendance!! such BS

You are SCREWED. TWC always sides with employers on this stuff. I went through the exact same situation and lost my appeal even with documentation. The system is rigged against workers. The hearing officer barely looked at my evidence and just believed whatever the company said. Hope you've got savings because you're probably not seeing a penny of benefits.

I handled a similar situation successfully. Here's what you need to do: 1. Wait for your Determination Letter (should arrive in 7-10 days) 2. File your appeal online immediately through your TWC account 3. In your appeal statement, focus on the fact that you had "good cause connected with the work" to resign 4. Gather ALL documentation: emails showing workplace issues, any written complaints you filed internally, performance reviews, witness statements 5. Prepare a timeline of events 6. Request your personnel file from HR immediately in writing During the appeal hearing, stay calm and factual. Explain you were forced to resign due to intolerable working conditions that developed after your protected whistleblowing activity. Mention the EEOC complaint as evidence this is a serious matter. The legal standard TWC uses is whether a reasonable person would have quit under similar circumstances. If you can show the working conditions became so intolerable that resignation was your only reasonable choice, you have a good chance of winning.

Getting through to TWC to discuss your case before the appeal hearing can make a huge difference. I was in a similar situation (though not whistleblowing - just a bogus termination reason) and spent DAYS trying to reach someone who could actually help. I finally used a service called Claimyr (claimyr.com) to get through to a TWC agent quickly instead of waiting on hold forever. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Being able to speak directly with TWC before my hearing let me understand exactly what documentation they needed to see. Made a huge difference in my case outcome!

wait so if u quit can u still get unemployment? i thought u had to be fired to qualify?? confused

another thing - make sure u answer EVERY call cuz TWC hearing officers will call from weird numbers sometimes and if u miss the hearing u automatically lose!!! my friend lost her appeal cuz she thought the call was spam

My cousin works for TWC (not in appeals though) and she always says documentation is EVERYTHING in these cases. Save every email, text, write down dates of conversations, who was there, what was said. Also in Texas they're big on whether you tried to resolve the issues with your employer before quitting - did you talk to HR or higher management about the retaliation before resigning?

I don't get why everyone is so focused on the appeal. APPEAL WHAT??? You haven't even gotten a determination yet! Maybe TWC won't believe your employer and will approve your claim anyway. Wait until you actually get denied before worrying about appeals.

One more important thing: during your TWC appeal hearing, stick to the facts about your separation from employment. Don't go into all the details about the whistleblowing itself unless directly relevant to explaining the retaliation. The hearing officer only cares about whether you had good cause to resign, not about investigating your former employer's potentially illegal activities. That's what your EEOC complaint is for. Keep your TWC appeal focused on the hostile treatment you received that forced your resignation.

Can you get unemployment while an EEOC investigation is happening? Just curious how these things work together.

I went through something very similar about 6 months ago. My employer also lied to TWC about the circumstances of my separation after I reported safety violations. Here's what worked for me: I created a detailed timeline document with dates, times, and specific incidents showing the progression from my initial report to the escalating retaliation that made my job unbearable. I also included screenshots of any company policies about retaliation and whistleblower protection they had violated. The key was showing TWC that my resignation wasn't voluntary in the traditional sense - it was the only reasonable option left after my employer made continuing to work there impossible. Document everything you can remember now while it's fresh, even small incidents of changed treatment after your whistleblowing. You've got this!

Just wanted to add something important that helped me in a similar situation - if your employer is claiming they fired you for "company violations," make sure to request copies of any disciplinary actions, write-ups, or performance improvement plans they claim led to your termination. In my case, the employer couldn't produce any documentation of misconduct because there wasn't any - they were just making stuff up after the fact. When I asked for my complete personnel file, it was mostly positive performance reviews and no disciplinary actions. This really helped show TWC that their firing claim was fabricated. Also, Texas law requires employers to provide your personnel file within a reasonable time after you request it in writing, so don't let them drag their feet on this. The contrast between their verbal claims to TWC and the actual documented record in your file could be the smoking gun you need.

Email request is fine and actually better since you'll have a timestamp and delivery confirmation. In Texas, employers can charge reasonable copying costs (usually around $0.10-0.25 per page) but many provide electronic copies for free. Make sure to specifically request "all documents in my personnel file including performance reviews, disciplinary actions, commendations, and any notes or communications regarding my employment or separation." Also ask for any documentation related to the alleged "company violations" they told TWC about. Give them 10 business days to respond and follow up if they don't. If they delay or refuse, mention that in your TWC appeal - it makes their claim look even more suspicious.