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TWC denied my appeal for leaving a 2-day job - can I win with second appeal after missed hearing?

I'm in a frustrating situation with TWC and need advice on next steps. I briefly worked at a company for 2 days last month when I received a better offer from another employer. The new job couldn't start me for about 3 weeks, so I told my current employer I'd be happy to continue working/training until then and even offered to stay part-time afterward. Instead of accepting, they decided not to continue my training since they didn't want part-time help. Now TWC is demanding I repay ALL benefits from when I left that job until I started the new one (about $2,800). They're claiming I "quit for personal reasons" which is technically true but completely ignores the context. I filed an appeal with a detailed explanation of everything but MISSED the hearing date (totally my fault - calendar notification issue). Just got the determination letter saying my appeal was denied due to non-appearance. Has anyone successfully won a second-level appeal after missing the first hearing? I have texts and emails documenting everything. Can I still win this even though I messed up by missing the hearing?

Zainab Yusuf

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Yes, you can absolutely file a second-level appeal! You need to do it within 14 days of receiving the appeal denial. In your second appeal, first explain why you missed the hearing (be specific and honest), then restate your case about the job situation. TWC often grants "good cause" for missed hearings if you have a legitimate reason. The key issue here is that TWC considers leaving a job for another position that doesn't start immediately as disqualifying unless you had a definite start date with the new employer. Do you have written proof of the job offer and the future start date?

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Miguel Alvarez

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Thank you! Yes, I have the email offer from the new company that clearly states the start date. I also have the text messages with my supervisor at the 2-day job where I explained the situation and offered to keep working. Will they consider this evidence even though I didn't present it at the first hearing (since I wasn't there)?

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Connor O'Reilly

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TWC IS THE ABSOLUTE WORST!!! They did almost the EXACT same thing to me last year except I worked at the place for a WEEK not 2 days. They hit me with a $3,500 overpayment because I "voluntarily quit without good cause." Then I missed my hearing because they sent the notice to my OLD address even though I updated my address in their system TWICE!!! They don't care about us at all. They just want their money back. The whole appeal system is designed to make you give up. I fought it for 3 months and still lost.

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Zainab Yusuf

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I understand your frustration, but the appeals process can work if you have documentation. The UI Commission actually has different members than the first-level appeal, and they're often more thorough in reviewing all evidence. It's definitely worth trying the second appeal with good documentation.

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Yara Khoury

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did u get anything in riting when u left the job? like did they send u a text or email saying they didnt want u anymore? that would help ur case alot. my cousin had somthing similar and he won his appeal but he had proof

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Miguel Alvarez

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Yes! I have text messages from my supervisor saying "Since you'll be leaving for another position in a few weeks, we're going to end your training now rather than continue. We appreciate your honesty about the situation." I'm hoping that helps prove my case.

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Keisha Taylor

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I recently went through this exact process and won my second appeal after missing the first hearing. Here's what worked for me: 1. File the second appeal immediately (Appeal to UI Commission) 2. In the first paragraph, explain WHY you missed the hearing (be specific) 3. Include all your evidence - the job offer letter with start date and any communication with the former employer 4. Cite the specific TWC rule about leaving for other employment (Section 207.045 of Texas Labor Code) 5. Emphasize that you had a definite start date with the new employer This is considered "good cause" if properly documented. The Commission reviews everything from scratch, including evidence you didn't present at the first hearing. Stay calm and focused - the system is frustrating but not impossible to navigate.

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Miguel Alvarez

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This is incredibly helpful, thank you! I didn't know about citing the specific labor code section. I'll definitely include that in my appeal. Did you have to attend another hearing for the second appeal?

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Keisha Taylor

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Yes, there will be another hearing, but it's completely new - not just reviewing the first one. The Commission typically conducts these by phone. Make absolutely sure you're available! Set multiple reminders. The hearing notice will explain how to submit evidence beforehand - do this at least 3 days before the hearing date. One more tip: have a 2-3 minute prepared statement about why you left the job and why it should qualify as good cause. The hearing officer will appreciate clarity and brevity.

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StardustSeeker

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I missed my twc hearing too and they denied me. I just gave up and started a payment plan. Its SO HARD to win these things from what ive heard. Good luck but dont get your hopes up

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Zainab Yusuf

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This actually isn't entirely accurate. The approval rate for TWC appeals varies by issue, but for separation cases with good documentation, the success rate can be quite good. Having written evidence of the job offer and communications with the former employer significantly improves the chances.

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Paolo Marino

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Have you tried calling TWC directly to explain your situation? Good luck with that - I've been trying to reach them for THREE WEEKS with no luck. Always busy signals or disconnects. I finally found a service called Claimyr that got me through to an actual TWC agent in about 35 minutes instead of days of trying. Check out their video demo at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh or their website claimyr.com. Totally worth it for resolving appeal and overpayment issues when you need to speak to an actual human at TWC.

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Miguel Alvarez

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Thanks for the tip. I've been calling daily for a week with no luck. I'll check out that service - I really need to talk to someone before filing my second appeal to make sure I'm doing it correctly.

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Amina Bah

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Quick question - did you report the 2 days of work to TWC when you were requesting payments? This could affect your case. If you didn't report those work hours/earnings, they might consider that a separate issue from the separation reason. Make sure your second appeal addresses this if relevant.

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Miguel Alvarez

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Yes, I definitely reported those days when I submitted my payment request. I included both the hours worked and the earnings. The issue is purely about them saying I quit without good cause, not about unreported work or earnings.

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Amina Bah

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That's good! Make sure to mention this in your appeal letter too - it shows you were acting in good faith throughout the process. Also, keep in mind that TWC considers having another job lined up as good cause for quitting ONLY if the start date is immediate or very soon. Since you had a 3-week gap, they're viewing it differently. Your best argument is that the employer essentially made the decision to end your employment after you disclosed the future job offer.

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Yara Khoury

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my brother had to pay back like $5000 to twc last year and he just ignored it. now they're garnishing his wages lol. dont be like my brother

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Connor O'Reilly

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YEP! They'll get their money one way or another. They can take your tax refunds too. And they add interest and penalties! The whole system is designed to squeeze every penny out of desperate people. It's disgusting.

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Keisha Taylor

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Important point: If your second appeal is denied, you still have options before paying. You can request a payment plan to spread out the repayment, or in some cases, file for a waiver of overpayment if repaying would cause financial hardship. Don't ignore the overpayment notices though - that leads to collection actions including tax refund intercepts and eventual wage garnishment. Also, continue your work search and benefit requests while this is pending. The appeal process doesn't stop your ongoing benefits unless they specifically tell you otherwise.

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Miguel Alvarez

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Thank you for this advice. I've already started applying for other jobs just in case, even though I like my current position. I'm worried about making ends meet if I have to pay back nearly $3k all at once. If my appeal is denied, I'll definitely request a payment plan. What kind of documentation would I need for a hardship waiver?

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Keisha Taylor

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For a hardship waiver, you'll need to complete TWC's financial statement form showing your income, expenses, assets, and debts. Include documentation of essential expenses (rent/mortgage, utilities, medical costs, childcare if applicable). The key is demonstrating that repayment would prevent you from affording basic necessities. The bar is pretty high though - they don't approve these easily. Payment plans are granted much more routinely and can stretch payments over 12-24 months depending on the amount.

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