TWC denied my claim because I 'quit' but texts show I was going to be fired for attendance - appeal help needed
I have an appeal hearing next week and I'm freaking out about how to handle it. TWC denied my benefits saying I quit voluntarily, and the exact wording on the determination letter is 'quit due to fear of possibly losing job'. But here's what actually happened: I was at 9.75 attendance points (company policy is termination at 10 points) and my supervisor texted me saying if I came in that day, I'd be fired on the spot. I panicked and texted my supervisor asking what to do, then messaged HR begging to keep my job. My supervisor got mad that I went over their head and told me to turn in my badge. They suggested it would be 'better to quit so I could reapply later' - which is what I wanted since I actually liked working there. I have screenshots of EVERYTHING - the texts saying I'd be fired if I came in, the email showing company policy that 9+ occurrences = written warning and 10 = termination. Since I was at 9.75, technically they shouldn't have fired me yet according to their own policy. What are my chances at the appeal hearing? Do I focus on the fact that I was essentially forced to quit? Or that they were violating their own attendance policy? I've never done one of these hearings before and I'm super nervous about facing my former employer.
21 comments
Zoe Dimitriou
Your chances are actually pretty good based on what you've shared. This sounds like what TWC calls a "constructive discharge" - when you're essentially forced to quit. The text messages proving they were going to fire you when you arrived are KEY evidence. Make sure to upload all those screenshots to the appeal portal before your hearing! During the hearing, stay calm and stick to facts. When they ask why you left, say "My supervisor informed me via text that I would be terminated upon arrival, and suggested I resign to be eligible for rehire. I have those text messages as evidence." The judge will likely see this as the employer forcing you out rather than you quitting voluntarily. I had a similar situation last year and won my appeal by showing screenshots of my manager basically telling me to quit or be fired.
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Andre Lefebvre
•Thank you so much! Do I need to point out the attendance policy where I technically didn't hit the 10 points for termination yet? Or just focus on the texts showing they were going to fire me?
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QuantumQuest
OK first off dont panic!! TWC denies like 70% of claims where people quit their jobs but thats becuz they dont have the whole story yet. Your case is what they call a "quit in lieu of firing" which means you didnt REALLY quit voluntarily! Be super organzied for your hearing. Get those texts showing they were gonna fire you & the atendance policy docs together. Print them out AND have them digital. PRACITCE what ur gonna say before the call. Make sure u clearly state "I did not quit voluntarily. I was told I would be fired when I arrived at work that day, and my supervisor suggested quitting instead so I could be rehired later." TWC looks at whether you had a REASONABLE choice to keep working - and you didn't! I've helped 3 friends win appeals so trust me on this!
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Jamal Anderson
•This is spot on. I had the exact same thing happen with regard to attendance points. Have you uploaded your evidence already? Make sure you do that BEFORE the hearing!
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Mei Zhang
I went through somethng similar last November and calling TWC was IMPOSSIBLE for weeks. Busy signals, disconnects, waiting on hold for hours only to get hung up on. I finally found this service called Claimyr (claimyr.com) that got me connected to a TWC agent in about 20 minutes. They have this demo video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh I needed to talk to someone directly about my appeal strategy since my situation was complicated like yours. The agent gave me specific advice about what evidence to present and how to prepare. Totally worth it since I won my appeal and got all my backpay.
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Andre Lefebvre
•Oh wow, I've been trying to call TWC for two days with no luck! I'll check this out, thanks. Did you talk to an actual appeals specialist or just a regular agent?
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Mei Zhang
•I got through to a regular agent first who then transferred me to someone who specifically handles appeals. They can't give legal advice but they explained exactly what the hearing judge would be looking for in my case.
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Liam McGuire
dont waste ur time with the appeal. TWC ALWAYS sides with employers. i had texts and everything too and still lost. the system is rigged against workers.
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Zoe Dimitriou
•That's not accurate. About 40% of claimants who appeal initial denials win their cases. I've personally won an appeal with similar evidence as OP has. The hearing officers are actually pretty fair if you have documentation.
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Liam McGuire
•maybe i just got a bad judge then, but my experience was terrible. spent weeks preparing and they didn't even look at my evidence
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Amara Eze
This is definitely what's called a "quit in lieu of discharge" situation! I work in HR (not for your company) and this is a common scenario that often gets reversed on appeal. Tips for your hearing: 1. UPLOAD EVERYTHING to the appeal portal at least 2 days before (screenshots of texts, attendance policy, everything) 2. Don't interrupt the employer or judge during the hearing 3. Take notes when the employer speaks so you can address any inconsistencies 4. Use the phrase "I was given no reasonable alternative but to resign" 5. Emphasize that you wanted to continue working there The fact that their own policy states termination at 10 points (not 9.75) is helpful to your case as well. It shows they were planning to terminate you outside their own policy guidelines. Also, expect your hearing to be rescheduled at least once. That's very common with TWC appeals.
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Andre Lefebvre
•This is incredibly helpful, thank you! I didn't know about uploading the evidence in advance through the portal - I just found it. Would you recommend I create a timeline document that lays out everything in chronological order?
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Amara Eze
•Yes! A timeline document is EXACTLY what I was going to suggest next. Keep it to one page, bullet points, just facts and dates. The hearing officer will appreciate your organization. Make sure to also bring up that you followed the chain of command by first talking to your supervisor, then HR when that didn't resolve the issue.
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Giovanni Ricci
when i had my appeal hearing last year i was soooo nervous i couldn't sleep the night before!! but honestly it wasn't that bad. the judge person just asked questions back and forth between me and my old company. BUT my old boss didn't even show up so i automatically won lol. sometimes companies don't bother showing up to these hearings so you might get lucky!!
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Jamal Anderson
•Same thing happened to my roommate! The company didn't call in and he won by default. But OP should still prepare like they're going to show up.
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Andre Lefebvre
•That would be amazing if they didn't show up, but knowing my old supervisor, they'll definitely be there to fight it. They were pretty upset that I went to HR.
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Zoe Dimitriou
One more important thing: keep requesting payment every two weeks while your appeal is pending! If you win, they'll pay you for all those weeks, but ONLY if you've been submitting your payment requests on time. A lot of people forget to do this during the appeal process and miss out on weeks of benefits.
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Andre Lefebvre
•I didn't know this! I haven't been requesting payments because I assumed I couldn't while the appeal was happening. Thank you for telling me - going to do this right away!
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QuantumQuest
Almost forgot - make sure you understand exactly how the hearing works. It'll be a phone call with you, the hearing officer (like a judge), and probably your former employer. You'll all be sworn in. The hearing officer asks questions first, then you and the employer each get to tell your side. At the end, you can make a final statement. Be super professional no matter what your ex-employer says. Don't argue or get emotional even if they lie. Just say "That's not accurate" and refer to your evidence. Also, expect the call to last 30-60 minutes, so be somewhere quiet where you won't be interrupted.
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Andre Lefebvre
•Thank you! I was planning to take the call from home, but I have a barking dog. Maybe I should go sit in my car instead to make sure it's quiet.
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QuantumQuest
•Definitely take it from your car if that's the quietest option! Also, USE HEADPHONES - it helps you hear better and sounds more professional. And have a phone charger just in case!
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