TWC denied medical-related separation - appeal hearing affirmed prior ruling despite employer contradictions

omg they can't just change their story during the hearing!!! that should be illegal. when i had my twc hearing the officer was super strict about sticking to the facts that were already submitted. did u tell the hearing officer right then that they were changing their story??

Yes! I tried pointing it out but the hearing officer kept moving on. It felt like they were more interested in getting through all the questions than actually listening to the inconsistencies. The most frustrating part was watching my employer contradict themselves in real time while I had evidence proving otherwise.

The TWC appeals process can be incredibly frustrating. Based on your situation, it sounds like you have a good case for a Commission Appeal, which is the next level after the Appeal Tribunal. You have 14 calendar days from the date the Appeal Tribunal decision was mailed to file this appeal. \n\nYou should definitely highlight the employer's contradictory statements and the fact that they revoked your access immediately, which supports your claim of termination rather than voluntary separation. Make sure to emphasize the medical necessity of your departure that day, and that they were fully aware of your condition.\n\nAlso, if your employer changed their reason during the hearing, that's important to note in your Commission Appeal. When I was going through this, I couldn't get anyone on the phone at TWC to save my life. I finally tried Claimyr (claimyr.com) and got through to a TWC agent in about 20 minutes who helped me understand the Commission Appeal process. You can see how it works in their video demo: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh \n\nFor legal help, Legal Aid of Northwest Texas might be able to assist with your unemployment case without charge if you qualify financially.

This is excellent advice about filing a Commission Appeal. I would add that it's critical to explicitly state that the employer changed their reason for separation during the hearing, which demonstrates inconsistency in their position. While pursuing this appeal, make sure to keep requesting payment (if you're still within your benefit year) and completing work search activities as required.

Thank you both for the advice. I didn't realize I could appeal to the Commission level. I'll definitely look into that Claimyr service - I've been trying for days to get someone on the phone with no luck. Do you know if I need to submit any additional evidence with the Commission Appeal or just reference what was already presented in the hearing?

my cousin had somthing like this happen she got fired for being sick and they said she quit. TWC always sides with the employers its rigged!!! she never got her benefits after 3 appeals so dont waste ur time

This is not accurate. TWC does not automatically side with employers. I've represented both claimants and employers in TWC hearings, and the outcome depends entirely on the evidence presented and the specific circumstances of each case. Many claimants win their appeals when they have proper documentation and can demonstrate they were terminated without misconduct or had good cause to leave employment.

well my cousin had doctor notes and everything and still lost so idk what ur talking about

wait did they fire you before or after your surgery? i'm confused about the timeline. also did you request FMLA protection before your surgery? that would have changed everything

Sorry if it wasn't clear. I had initial surgery to remove the eye cyst, then went back to work, but was still having complications (bleeding) when this incident happened. I was scheduled for follow-up surgery later that month. I didn't request FMLA because I'd only been with the company for 10 months - you need 12 months to qualify for FMLA protection.

Based on what you've described, you have strong grounds for a Commission Appeal. Here's what you should focus on:\n\n1. The employer's inconsistent reasons for separation (first claiming you quit, then claiming job abandonment)\n\n2. The immediate revocation of your email access the same day you left for medical reasons (this strongly suggests termination rather than voluntary separation)\n\n3. The request for the return of company property (keys) and the NDA reminder (again, actions consistent with termination)\n\n4. Your documented medical condition as the reason for leaving that day\n\nFor your Commission Appeal, you should:\n\n- File within the 14-day deadline (critical)\n- Clearly outline the contradictions in the employer's testimony\n- Attach copies of the emails showing they requested keys and mentioned the NDA\n- Include any medical documentation supporting your condition\n- Request a new hearing based on the inconsistencies\n\nCommission Appeals can overturn the Appeal Tribunal decisions, especially when there are procedural issues or contradictory evidence. I've seen several cases where the Commission ruled differently than the initial appeal hearing.

Thank you so much for the detailed information. This is exactly what I needed. I'm gathering all my documentation now. Quick question - should I submit the audio recording I have of the conversation when I left that day? It clearly shows I was leaving due to medical issues, not quitting permanently.

Yes, you can submit the audio recording as additional evidence for your Commission Appeal, but there are some important considerations:\n\n1. You must disclose that you have this recording in your appeal\n2. Texas is a one-party consent state for recordings, so it's legal if you were part of the conversation\n3. The Commission may or may not consider new evidence that wasn't presented at the Appeal Tribunal hearing\n4. You should provide a written transcript of the relevant portions of the recording\n\nHaving handled many TWC appeals, I've found that the Commission is particularly interested in cases where the employer's story changed during the hearing. This indicates potential credibility issues with their testimony.\n\nAlso, ensure you're continuing to request payment every two weeks and documenting your three work search activities per week while your appeal is pending. If the Commission rules in your favor, you'll receive all back payments for the weeks you properly requested payment.

I had a similar case last year and the recording made ALL the difference! My employer was saying one thing to TWC and another thing to me. Once I submitted the recording transcript they completely changed their decision. Definitely include it!!!

this is SO frustrating!!! i hate how TWC just says 'affirm prior ruling' with no explanation. like HOW are we supposed to know what to appeal if they don't tell us why they decided that way?? do u think the hearing officer just didn't believe u or something?

That's exactly what I'm struggling with! Without knowing their reasoning, it's hard to address specific points in my Commission Appeal. It feels like they completely ignored the fact that my access was cut off immediately, which clearly shows I was terminated. I thought the hearing went well aside from the employer's contradictions, so the decision really blindsided me.

Not to get off topic but this is exactly why I record EVERY conversation with my boss. Texas is a one-party consent state which means as long as YOU know its being recorded its legal. Saved my butt when I got fired last year and my boss tried to claim misconduct. I also screenshot EVERYTHING. Can't trust these companies AT ALL.

Very good point about Texas being a one-party consent state for recordings. Documentation is absolutely critical in these cases. I always recommend keeping a work journal with dates, times, and summaries of important conversations, along with any emails or written communications. For the OP, having that recording and email evidence puts you in a much better position than many appellants.

I'm glad I kept everything. The emails asking for the key return and mentioning the NDA are dated the same day I left work. I also have screenshots showing my email access was revoked within hours. I'm hoping all this evidence will make a difference at the Commission level.

what about those fake write-ups you mentioned?? can you prove they were fake?? that seems like a big deal

The fake write-up situation is complicated. They claimed during the hearing that I was never written up, but I have an email where my manager forwarded me a write-up and explicitly said \

This sounds like a really strong case for a Commission Appeal! The fact that they immediately cut your email access and asked for keys back the SAME DAY you left for medical reasons is huge evidence of termination, not quitting. Plus their story changing during the hearing from "quit" to "job abandonment" should definitely work in your favor. I went through something similar and what helped me was organizing all the evidence chronologically - like showing the timeline of events (medical issue → leaving work → immediate access revocation → key request) to prove it was clearly a termination. The Commission tends to look more carefully at cases where employers contradict themselves. Also, since you mentioned having recordings and emails, make sure to include transcripts of the key parts. That email about the NDA and key return is golden evidence! Don't lose hope - the Commission Appeal process is your chance to get this overturned with all the documentation you have.

Wow, reading through all this has me fired up on your behalf! The employer's story changing mid-hearing from "quit" to "job abandonment" is absolutely ridiculous - how does a hearing officer not catch that as a major red flag?? Your timeline is crystal clear: you had a legitimate medical emergency (bleeding from surgical site), told them you needed to leave for medical reasons, and they IMMEDIATELY cut your access and demanded company property back. That's textbook termination, not quitting! I've been through the TWC appeals process twice and the Commission Appeal is definitely your best shot. They tend to be more thorough than the initial hearing officers. Make sure you emphasize in your appeal that the employer's contradictory testimony shows they're not being truthful about the circumstances. The fact that you have recordings, emails about the NDA/keys, and proof of access revocation puts you in a much stronger position than most people. Don't let this employer get away with changing their story just to avoid paying unemployment benefits. Fight this all the way - you've got the evidence to win!

This whole situation is absolutely maddening! I've been following TWC cases for years and what you're describing - the employer changing their story mid-hearing from "quit" to "job abandonment" - should have been a huge red flag to the hearing officer. The timeline you've laid out is textbook wrongful termination disguised as voluntary separation. You left for a legitimate medical emergency (bleeding from your surgical site!), and they IMMEDIATELY revoked your email access and demanded company property back. No employer does that for someone who "voluntarily quit" - that's standard termination protocol. I really hope you file that Commission Appeal within the 14-day window. The Commission reviewers are typically more thorough than the initial hearing officers and they specifically look for inconsistencies in employer testimony. Make sure to emphasize how the employer's story completely changed during the hearing - that's going to be a major credibility issue for them. Your evidence sounds rock solid - the emails about keys/NDA, proof of immediate access revocation, medical documentation, and especially that recording. The Commission needs to see this case because it's exactly the type of situation where an employer is trying to manipulate the system to avoid paying rightful benefits. Don't give up - you've got a strong case and the documentation to back it up!