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!
26 comments


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.
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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.
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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!!
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Aisha Mohammed
•That gives me a little hope! How long did her appeal take from filing to getting a decision?
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Yuki Watanabe
•like 6 weeks i think? but that was during holiday season so maybe urs will be faster
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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!
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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.
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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.
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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?
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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.
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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
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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.
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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?
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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.
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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
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Aisha Mohammed
•Omg that's terrible! I'll definitely double check this. Thanks for the warning!
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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.
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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?
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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!
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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!!!!
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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.
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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.
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Anastasia Fedorov
I'm going through almost the exact same situation right now! My former employer told TWC I was "unreliable" and missed too many days, but I have detailed records showing I only used 3 sick days in 8 months and always followed proper procedures. It's so frustrating when companies just make stuff up! One thing that's helped me is organizing all my evidence into a binder with tabs - time records, emails, performance reviews, etc. I also printed out the company's official attendance policy from their employee handbook to show I never violated it. The advice about continuing to request payments is spot on - I almost stopped doing that thinking it was pointless while appealing. Also, when you do get your hearing notice, they'll tell you if it's phone or in-person. Mine is scheduled for phone, which actually works better for me since I can have all my documents spread out in front of me. Stay strong! From what I've read, when employees have solid documentation like you do, they usually win these appeals. The employers are just hoping we'll give up and not fight back.
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Emily Parker
•This is so helpful to hear from someone going through the same thing! The binder idea is brilliant - I'm definitely going to organize everything that way. It's awful that employers think they can just lie and get away with it, but reading all these success stories gives me hope. Thank you for sharing your experience and good luck with your phone hearing! I hope we both get justice and our benefits restored.
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Kelsey Chin
I just went through this exact situation a few months ago - employer claimed I had "excessive absences" when I was actually laid off due to budget cuts. The key thing that helped me win was having EVERYTHING documented and organized chronologically. Since you have those time punch records, make sure you also grab any emails between you and your supervisor about work schedules, any company communications about remote work policies, and especially any emails from around the time you were terminated that mention "restructuring" or layoffs. One thing I learned during my appeal - the hearing officer really appreciated when I could point to specific company policies that contradicted what my employer claimed. If your company had an official remote work policy or attendance policy, get a copy of that too. Also, don't be surprised if your employer tries to change their story during the hearing. Mine suddenly claimed I was "insubordinate" when their original claim to TWC was about attendance. Just stick to your evidence and stay calm. The appeals process is stressful but you clearly have a strong case with those time records. Document everything, stay organized, and don't let them intimidate you!
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PixelWarrior
•Thank you so much for sharing your experience! It's really reassuring to hear from someone who actually won their appeal. I definitely need to look for any emails mentioning the restructuring - I think I have a few from my manager talking about "company-wide layoffs" right around when I was terminated. The point about employers changing their story during the hearing is really important - I hadn't thought about that possibility. I'll make sure to stick to the facts and not get thrown off if they suddenly bring up new claims. Did your employer actually show up to the hearing or did they just submit written evidence? I'm curious what to expect in terms of who will be there representing the company.
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