TWC demanding repayment after I quit daycare job due to documented child abuse - can I appeal?
I'm in a horrible situation and desperately need advice. I was terminated from my main job in August and qualified for unemployment benefits shortly after. In September, I took a part-time position (10 hours weekly) at my daughter's daycare facility while continuing my job search. The pay was minimal so I remained eligible for partial unemployment and continued filing my payment requests. During my employment at the daycare, I witnessed multiple instances of child abuse, neglect, and unsanitary conditions that were absolutely shocking. I documented EVERYTHING - sent multiple emails and texts to the director about these issues, took photos of unsafe conditions, and eventually filed a formal complaint with Texas Child Care Licensing. Their investigation found numerous violations (I have copies of their reports). After enduring this for 2 months and seeing minimal improvements despite the state's involvement, I resigned in November and immediately withdrew my daughter from the facility. I continued receiving partial unemployment until my last payment request on December 11. Yesterday I received a determination letter from TWC stating I owe back nearly $4,100 in benefits received after quitting the daycare job! They're claiming I left without good cause connected with the work. This seems completely wrong to me. Isn't documented child abuse and unsafe conditions considered good cause for leaving employment? I have extensive evidence including the state licensing investigation results. Has anyone successfully appealed something like this? I'm panicking about this repayment amount and want to know if I have a chance with an appeal. What documentation should I include? Do I need to get statements from other parents who pulled their kids out for similar reasons?
18 comments
Keisha Thompson
Yes, you definitely have grounds to appeal this determination! I went through something similar (not daycare related but workplace safety issues). Based on TWC's own rules, leaving a job due to dangerous/illegal working conditions can absolutely qualify as "good cause connected with work" when properly documented. Here's what you need to do: 1. File your appeal IMMEDIATELY - you only have 14 calendar days from the date on the determination letter 2. In your appeal, specifically state you had "good cause connected with work" to leave 3. Compile ALL documentation chronologically: - Texts/emails to management about concerns - Photos of unsafe conditions - Copy of your formal complaint to licensing - The state investigation results - Any medical documentation for your daughter if relevant - Resignation letter stating why you left When you have your appeal hearing (likely by phone), be prepared to explain clearly and calmly why these conditions made continued employment unreasonable. The fact that a state agency found violations strongly supports your case. Don't panic yet - this is exactly why the appeal process exists!
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TechNinja
•Thank you so much for this detailed response! I'm still within the 14-day window, so I'll file my appeal right away. I do have my resignation email where I specifically cited the unsafe conditions and investigation as my reason for leaving. One quick question - should I continue requesting payments during the appeal process? I'm afraid of potentially owing even more if I lose the appeal.
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Paolo Bianchi
wow they always try to take money back no matter what!! my brother had to quit his job bcuz the warehouse was literally falling apart and TWC tried to make him pay back like $2000 but he appealed and won eventually. its all about the documentation you have. good luck!!
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Yara Assad
This EXACT THING happened to me!!!! I quit working at a nursing home after witnessing elder abuse and reporting it multiple times with no action. TWC wanted me to repay nearly $3,300 but I appealed and WON. The key was having all those reports and emails showing I tried to fix things before quitting. One tip - when you have your appeal hearing, stick to FACTS not emotions. I messed up initially by getting too upset during my hearing and the judge (hearing officer) kept having to redirect me. Just calmly explain each incident, what you did to report it, and why it made continuing work unreasonable. BTW - while you're waiting for the appeal, you might want to keep requesting payments if you're still unemployed. If you win your appeal, you'll get all those weeks paid. If you lose... well, you'll owe that money anyway, but at least you didn't miss out on potential benefits if you win.
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TechNinja
•This gives me so much hope! I've been panicking since getting that letter. Did you have any witnesses or was your documentation enough? I'm wondering if I should try to get statements from other parents who complained.
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Yara Assad
•I didn't have witnesses at my hearing - just my documentation showing I reported problems multiple times + the state investigation findings. That was enough! If other parents are willing to write statements though, that could help. Just make sure they're specific about what they saw and when.
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Olivia Clark
I hate to be the bearer of bad news, but TWC is EXTREMELY strict about voluntary quits. The fact that you have documentation will definitely help, but in my experience working with unemployment cases, you need to show that: 1. You made reasonable efforts to keep your job (reporting to supervisors/management) 2. You gave the employer reasonable time to address the issues 3. The conditions were so severe that any reasonable person would quit The third point is where things get tricky. Was your daughter directly affected by the unsafe conditions? Were you personally in danger? These factors strengthen your case. Regardless, definitely appeal, but also prepare yourself mentally for possibly having to repay. The good news is that if you do have to repay, TWC will work with you on a payment plan. Have you tried calling TWC directly to discuss your situation? It can take hundreds of attempts to get through on their phone lines, but speaking with an actual agent might help.
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TechNinja
•I've been trying to call TWC for three days straight with no luck - just constant busy signals or disconnects. I believe I do meet all three criteria you mentioned - I made multiple reports, gave them 2+ months to address issues, and the conditions involved direct physical dangers to children (including my daughter who came home with unexplained bruises twice).
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Javier Morales
•If you're struggling to reach TWC by phone, I'd recommend trying Claimyr.com - it helped me get through after weeks of failed attempts. They basically hold your place in line and call you when they have a TWC agent. They have a video showing how it works here: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh I was skeptical at first but it saved me from hours of redial hell when I had an overpayment issue last month. Getting to actually speak with a human at TWC made a huge difference in understanding my options.
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Natasha Petrov
wait so u were getting unemployment while working? isnt that fraud?
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Keisha Thompson
•Not at all - Texas allows partial unemployment benefits when you work part-time but earn less than your weekly benefit amount. You report your earnings each payment request period, and TWC adjusts your payment accordingly. Completely legal as long as all earnings are reported.
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Natasha Petrov
•oh ok didnt know that, thx for explaining
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Connor O'Brien
Why did you wait 2 months to quit though? That might be a problem in your appeal. The TWC hearing officer could argue that if conditions were truly unbearable, you would have quit immediately. Just something to prepare for when you have your hearing. My sister had a similar issue (quit due to safety concerns) and lost her initial appeal but won on her appeal to the Commission level because she had OSHA documentation. The state licensing violations will be your strongest evidence.
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TechNinja
•That's a fair question. I documented issues starting week 1, but initially thought they could be resolved. I stayed hoping things would improve after the state inspection (which happened around the 6-week mark). When I realized the owner was making only minimal cosmetic changes rather than addressing the serious safety issues, I left. I'll make sure to clearly explain this timeline during my appeal.
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Paolo Bianchi
Did anyone else read that new Austin daycare exposé article last week?? The conditions in some of these places are HORRIBLE and the state does almost nothing!! OP I totally believe your story and hope TWC does too!!
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Keisha Thompson
Just wanted to add - make sure you request a telephonic hearing if possible. It's usually less stressful than appearing in person, and you can have all your documentation spread out in front of you during the call. When TWC schedules your hearing, they'll send instructions about how to submit evidence beforehand - follow those instructions EXACTLY and submit everything at least 3 business days before your hearing date. Also, after submitting your appeal, keep an eye on your mail. TWC will send a hearing notice with the date/time, usually 2-3 weeks after you file your appeal. If you miss your hearing, it's extremely difficult to get it rescheduled.
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TechNinja
•Thank you for these tips! I've started organizing all my evidence chronologically. Should I also request my daughter's attendance records from the daycare to prove when I withdrew her, or is my resignation letter enough?
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Keisha Thompson
•If you can get those attendance records, definitely include them! The more documentation showing the timeline of events, the better. Also include any communications about withdrawing her that mention safety concerns as the reason.
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