< Back to Texas Unemployment

TWC denied my benefits claiming I was late - I have proof they're lying

I'm so angry right now! Just got my TWC determination letter saying I'm DISQUALIFIED for benefits because I was "habitually late" to work. This is complete BS! I worked remotely for a marketing agency for 2.5 years and I have ALL my time punches saved showing I logged in on time every single day for the past 6 months. My employer is straight-up lying to avoid paying unemployment. The determination letter says I was "late 12 times in a 30-day period" which is impossible since our system wouldn't even let us clock in if we were more than 5 minutes late without supervisor approval. I've already filed an appeal but I'm freaking out because I need these benefits. They fired me claiming "restructuring" but now they're trying to say it was misconduct? Has anyone dealt with an employer lying on their TWC response? What evidence should I bring to my appeal hearing? Do I need a lawyer? I have screenshots of all my time punches and even performance reviews from 3 months ago saying my attendance was excellent!

Ethan Campbell

•

You definitely have a good case for appeal with those time punches. Make sure to gather ALL your evidence before the hearing: screenshots of time punches, performance reviews, any emails praising your work, and the company attendance policy. Also request a copy of whatever evidence your employer submitted to TWC claiming you were late. I went through something similar last year when my company claimed I voluntarily quit (I was laid off). For the appeal hearing, organize your evidence chronologically and be very specific about dates. The hearing officer will ask both sides questions, so stay calm and stick to facts, not emotions. You don't need a lawyer, but be prepared to clearly explain your remote work setup and how the time punch system worked. The burden of proof is on the employer to prove misconduct, not on you to disprove it.

0 coins

Aisha Mohammed

•

Thank you! This is really helpful. How do I request the evidence they submitted to TWC? Do I just call the TWC number on my determination letter? I've been trying but can't get through.

0 coins

Yuki Watanabe

•

omg same exact thing happened to my neighbor!!! she worked from home for an insurance company and they told TWC she took extra breaks but she had screenshots of her computer activity all day. she won her appeal but it took forever. good luck!!

0 coins

Aisha Mohammed

•

That gives me a little hope! How long did her appeal take from filing to getting a decision?

0 coins

Yuki Watanabe

•

like 6 weeks i think? but that was during holiday season so maybe urs will be faster

0 coins

Carmen Sanchez

•

THE TWC SYSTEM IS RIGGED AGAINST WORKERS! Companies lie ALL THE TIME and TWC just believes them without checking!!! I had THREE appeals before I finally got my benefits because my employer kept making up new reasons I shouldn't qualify. They know most people give up after being denied. Make sure you keep requesting payment every two weeks EVEN WHILE your appeal is pending!!! If you win your appeal, they'll pay all those weeks retroactively, but if you don't request payment, you'll never get that money even if you win!

0 coins

Aisha Mohammed

•

Oh wow, I didn't know I should keep requesting payments! Thank you so much for telling me - I was about to give up on that part until after the appeal.

0 coins

Andre Dupont

•

I help people with TWC appeals regularly. Here's what you need to know: 1. In your appeal, focus specifically on the allegation of being late. Don't get sidetracked by discussing the "restructuring" claim. 2. Time punch evidence is excellent. Print it out chronologically and highlight the dates they claim you were late. Also bring your job description showing you were authorized to work remotely. 3. For the hearing: Be concise, factual, and respectful. Never interrupt the employer or hearing officer. 4. Practice explaining your evidence beforehand. The hearing moves quickly. 5. You can request employer-submitted evidence by contacting your appeal officer directly (their contact info should be on your appeal acknowledgment). 6. Continue requesting payment every two weeks as the previous poster mentioned. The good news: If you have time punch records contradicting their claim, you have a strong case. Employers often make vague misconduct claims hoping the employee won't appeal.

0 coins

Aisha Mohammed

•

Thank you so much! I haven't received an appeal acknowledgment yet - just the confirmation that I submitted the appeal online. How long does it usually take to get assigned an appeal officer?

0 coins

Andre Dupont

•

You should receive the appeal acknowledgment letter within 7-10 days. It will include your appeal ID number, the officer assigned, and usually a hearing date (though this might come in a separate notice). If you don't receive anything in 10 business days, call the Appeals Department directly at 512-463-2800.

0 coins

Zoe Papadakis

•

my company did this to me to. said i was a no call no show when i literally have text messages proving i called in sick. these companies think they can just lie and get away with it

0 coins

ThunderBolt7

•

I spent WEEKS trying to reach TWC about a similar issue with my employer making false claims. I kept getting busy signals or disconnected after waiting on hold forever. Finally I found this service called Claimyr that got me connected to a TWC rep in about 20 minutes. It costs money but was worth it to actually talk to someone who could help me prepare for my appeal. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The TWC rep I finally talked to was able to tell me exactly what documents to bring to my hearing and how to structure my case. Made a huge difference in my confidence level going into the appeal.

0 coins

Aisha Mohammed

•

I've been trying to call for three days straight with no luck. At this point I'll try anything. Did they tell you what evidence your employer submitted or did you have to wait for the hearing to find that out?

0 coins

ThunderBolt7

•

The rep couldn't tell me exactly what evidence was submitted (privacy reasons), but they confirmed what category of misconduct my employer claimed and explained what the burden of proof would be. They also told me I could request the specific evidence during the hearing's discovery phase.

0 coins

Jamal Edwards

•

make sure you know if ur appeal hearing is by phone or in person!!! i missed mine because i thought it was phone but they actually scheduled in person and i lost my apeal because i didnt show up!!! had to file a new one and wait even longer

0 coins

Aisha Mohammed

•

Omg that's terrible! I'll definitely double check this. Thanks for the warning!

0 coins

Ethan Campbell

•

One more important tip: In the appeal hearing, the employer will speak first to present their evidence of why you were disqualified. Take detailed notes on everything they say so you can address each point specifically when it's your turn. When presenting your time punch evidence, start by explaining the remote work system briefly, then go through each alleged "late" day one by one if possible. Numbers are powerful - if they claim 12 instances of lateness and you can disprove all 12 with timestamps, that's very compelling. Also, appeals are currently taking about 4-5 weeks to be scheduled in Texas, so prepare for that wait. Keep requesting payments every two weeks during this time as others mentioned.

0 coins

Aisha Mohammed

•

This is great advice, thank you! I'll create a spreadsheet with all the dates they might claim I was late and the corresponding time punch data. Do you know if I need to submit my evidence before the hearing or just bring it with me?

0 coins

Ethan Campbell

•

For most TWC appeal hearings, you present your evidence during the hearing itself. However, it's good practice to send a copy of your evidence to the appeals officer a few days before the hearing (their contact info will be on your hearing notice). This ensures they have it in case of technical difficulties during the hearing. Make sure to bring your own copies as well!

0 coins

Mei Chen

•

i had a friend who was denied also her boss said she stole company time but she proved with emails she was actually working when they said she wasnt. she won her appeal and got all backpay from when she first applied. dont give up!!!!

0 coins

Andre Dupont

•

One last recommendation: In preparation for your appeal hearing, write out a clear, chronological statement about your employment and termination that's no longer than 2-3 minutes when read aloud. Practice it several times. Cover these key points: 1. Your job title and how long you worked there 2. That you worked remotely with approval 3. How the time tracking system worked 4. Any positive performance reviews or recognition 5. The actual reason given for termination at the time it happened 6. Why you believe the lateness claim is false The hearing officer will appreciate a concise overview before diving into the specific evidence. This approach has helped many of my clients win their appeals when facing false misconduct claims.

0 coins

Aisha Mohammed

•

Thank you! I'll definitely prepare a statement like this. I'm feeling much more confident about the appeal now with all this advice.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,753 users helped today