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TWC denied my claim after employer suddenly changed positions - need appeal help

I'm completely lost about what to do with my TWC claim. My employer basically ghosted me and then fought my unemployment! Here's what happened: I was working as a cleaning staff member and one day my trainer called asking for the keys back. When I asked if I was being let go, she said she didn't know and told me to speak with the supervisor the next day. I called the supervisor first and actually asked if I needed to return my work shirts, and she said no and claimed she had a "better job" for me. When I went in, she described this supposedly better position and asked when I could start. I said the next day, and she told me she'd call me after speaking with the new trainer. She NEVER called me back. I tried calling her for 3 days straight with no answer. After being ghosted like this, I filed for unemployment. Now TWC sent me a determination letter saying I was denied because the employer claimed the "client wasn't satisfied with my work." This was NEVER mentioned to me - the supervisor would regularly call during my shifts to check if everything was okay! I had no performance warnings at all. How do I appeal this? I feel like they're completely making things up to avoid paying unemployment. Has anyone successfully appealed in a similar situation?

You definitely need to appeal this determination right away. You only have 14 calendar days from the date on your determination letter to file the appeal. You can do this online through your TWC account or by mailing/faxing a letter stating you want to appeal. Make sure to include your name, social security number, and the specific determination you're appealing. In your appeal, focus on the fact that you were never given any warnings about performance issues and that the supervisor actually offered you another position (which never materialized). This suggests they didn't have problems with your work. Also mention that they ghosted you after promising to call about the new position. Keep requesting payment every two weeks even while your appeal is pending. If you win the appeal, you'll get backpay for any weeks you requested payment.

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Diego Chavez

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Thank you so much! I just checked the letter and I have 9 days left to appeal. Should I include any evidence with my appeal? I don't have much besides my phone records showing I called the supervisor multiple times after our meeting.

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Sean O'Brien

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same thing happened to my cousin last year!!! her boss told her they were gonna give her more hours then ghosted her and told unemployment she quit!!! so messed up. make sure u tell TWC exactly what happened and dont miss the appeal deadline

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Diego Chavez

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That's awful! Did your cousin win her appeal? I'm nervous they'll just take the employer's word over mine.

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Zara Shah

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What you're describing is a constructive discharge situation, where the employer effectively terminated you by ghosting you after promising a new position. For your appeal, you'll need to be very specific about dates, times, and the exact conversations. Write everything down now while it's fresh in your memory. During the appeal hearing, TWC will give both you and the employer a chance to present your case. The employer will need to prove they had good cause to fire you, which typically requires showing they gave you warnings about your performance and an opportunity to improve. Since you were never told about any performance issues, point this out during the hearing. Also emphasize that the supervisor actually offered you another position, which contradicts their claim that they were dissatisfied with your work. I've been through the TWC appeal process and won by focusing on these kinds of contradictions in the employer's story. Stay calm, stick to the facts, and you'll have a good chance.

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Diego Chavez

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Thank you for the detailed advice! I didn't know it was called constructive discharge, but that's exactly what happened. I'll start writing down all the details of the conversations right now. Will the hearing be in person or over the phone?

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Luca Bianchi

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I'm going through something similar and it's SO FRUSTRATING!! My employer told TWC I wasn't doing my job properly but never once mentioned anything to me while I was working there. How can they expect us to improve if they don't tell us there's a problem?? The whole system seems rigged for employers.

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YES!! The exact same thing happened to my brother-in-law. These companies just make stuff up after the fact to avoid paying unemployment. It's total BS.

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Nia Harris

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Has anyone else noticed that when you try calling TWC about these issues, it's literally IMPOSSIBLE to reach a human being???? I spent THREE DAYS trying to get someone on the phone about my determination letter and kept getting busy signals or disconnected. BEYOND FRUSTRATING!!!

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Mateo Gonzalez

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After weeks of trying to get through to TWC about my appeal, I discovered this service called Claimyr that got me connected to a TWC agent in under 10 minutes. Seriously saved my sanity! Check out their demo at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh or their website claimyr.com. It's the only way I was able to get clarification on my appeal process.

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One more important thing - during your appeal hearing, the burden of proof is on the employer to show they had good cause to terminate you. Since they're claiming poor performance, they should have documentation showing they informed you of problems and gave you a chance to improve. If they can't provide this, it significantly strengthens your case. Also, the fact that your supervisor offered you another position directly contradicts their claim that your work was unsatisfactory. Make sure to emphasize this contradiction during your hearing. The TWC appeals process actually has a decent success rate for claimants who were unfairly denied. Just be organized, stick to the facts, and don't let your emotions take over during the hearing.

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Diego Chavez

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This makes me feel better about my chances. You're right that it makes no sense they'd offer me another position if my work was bad. I'm going to focus on that contradiction in my appeal letter. Thank you!

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Aisha Ali

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i had a similar issue but i lost my appeal lol. the hearing officer basically just believed whatever my boss said even tho they were lying. good luck but dont get ur hopes up the system is rigged

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Zara Shah

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That's not always the case. I've seen many successful appeals when the claimant is well-prepared. The key is documenting everything and focusing on contradictions in the employer's story. For example, in this case, why would they offer a new position if they were unsatisfied with the work? TWC hearing officers are trained to look for these inconsistencies.

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Make sure you request a copy of your employer's response to TWC before your hearing! You have a right to see what they claimed about you. This way you can prepare to address their specific allegations. Call TWC and ask for this information - it might take some persistence to get through. Btw what kind of cleaning job was it? My wife works in that industry and unfortunately this kind of thing happens a lot with certain companies.

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Diego Chavez

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It was office cleaning for a small business complex. Evening shifts, about 25 hours a week. And thanks for the tip about requesting their response - I had no idea I could do that!

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Zara Shah

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After your appeal is filed, TWC will mail you a notice with the date and time of your hearing, which will likely be conducted by phone due to the high volume of cases they handle. Make sure your phone number is current in the TWC system! On the day of the hearing: 1. Be in a quiet place with good reception 2. Have all your notes and evidence ready 3. Don't interrupt others (the hearing officer will give you time to respond) 4. Answer questions directly and truthfully 5. If you don't understand something, ask for clarification And remember to keep requesting payment every two weeks while waiting for your appeal. If you win, you'll receive benefits for all eligible weeks you requested payment.

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Diego Chavez

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This is really helpful - thank you! I didn't realize I needed to keep requesting payments during the appeal. I definitely wouldn't have known to do that.

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