TWC denied my claim - employer lied about firing me - appeal timeline?

I went through this exact situation last year. File your appeal IMMEDIATELY - you only have 14 calendar days from the date on your determination letter. The entire appeal process took about 5-6 weeks for me from start to finish, but that can vary depending on how backed up they are. Here's the timeline you can expect: - Appeal submission: Do this online through your TWC portal or mail (online is faster) - Acknowledgment letter: 1-2 weeks after filing - Hearing notice: 2-3 weeks after acknowledgment (gives you about 1 week notice of hearing date) - Hearing: Usually 30-45 minutes by phone - Decision: Typically 7-10 days after hearing As for evidence, submit EVERYTHING you mentioned. Text messages were what won my case. Make sure to organize them chronologically and highlight the key messages. Getting a written statement from your coworker would definitely strengthen your case. Just make sure they're willing to potentially testify during the phone hearing too.

omg same thing happened to me!!! my boss said i was "abandoning my job" when i had covid and they knew it!! so messed up how employers can just LIE and twc believes them first. good luck with your appeal, the waiting is the worst part tbh

You should submit evidence both before AND during the hearing. Upload all your documents when you file the appeal online, then have them ready during the actual hearing call. The hearing officer will ask if you have evidence you'd like to submit and guide you through the process. Regarding witness statements, they don't need to be notarized, but they should be signed and dated. However, a written statement alone isn't as strong as having your coworker actually participate in the hearing. The hearing officer will want to ask them questions directly. Make sure your witness is available during your scheduled hearing time. Also important: Prepare a clear, chronological outline of events. The hearing officer will ask you specific questions about what happened, and you need to stay focused and not get emotional (even though it's frustrating). Practice explaining what happened in under 2 minutes.

tbh youre wasting your time with the appeal. texas ALWAYS sides with employers. i tried twice and lost both times even with proof. just find another job faster

Be sure to request payments every two weeks while your appeal is processing!!! I made the mistake of not requesting payments during my appeal because I thought I couldn't since I was denied. If you win your appeal, they can only pay you for weeks you actually requested payment for. Don't make my expensive mistake!

Last year my employer also lied about firing me (said I was consistently late when I had timeclock records proving otherwise). My appeal took almost 8 weeks from start to finish which was longer than what others experienced. I think they're really backed up right now. One thing nobody mentioned - you can request a postponement if you need more time to gather evidence or if your witness can't make the original hearing date. But don't just miss the hearing or you'll automatically lose! Also make sure you answer EVERY call during your scheduled hearing window - they often call from blocked or weird numbers. Oh and DOCUMENT EVERYTHING. Every time you call TWC, write down the date, time, who you spoke with, and what they said. This came in super handy for me when there was confusion about whether I had submitted something on time.

A few technical points that might help you: 1. The appeal hearing is conducted by a TWC Hearing Officer who hasn't been involved in your case before, so they're coming in fresh without bias. 2. For termination cases, the employer has the burden of proof to show they had a valid reason to fire you AND that the reason constitutes misconduct under TWC rules. Being sick with doctor's documentation is not misconduct. 3. Texas defines "misconduct" very specifically as "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the employer's property, or intentional wrongdoing." 4. When submitting text messages as evidence, include the full conversation with dates/times visible, not just selected portions. Screenshots are acceptable but make sure they show the contact information and complete context. 5. You can request a subpoena for your witness if they're hesitant to participate voluntarily, but you need to do this well in advance of the hearing. The average processing time for appeals is currently running about 5-7 weeks from filing to decision, with hearing notices typically sent 7-10 days before the scheduled hearing date.

@OP - yes i won my appeal! it took forever (like 2 months) but i got all my backpay at once which was nice. just be super prepared and don't let the employer interrupt you during the hearing. and yeah definitely keep requesting payments every 2 weeks like someone else said!!

My cousin went through something similar and his old manager kept saying different things each time they called TWC. First it was he quit, then it was poor performance, then it was attendance. The hearing officer caught on to the inconsistencies and he won. Just stay calm during the hearing and let them dig their own hole by changing their story.

Thanks everyone for all this helpful information! I submitted my appeal today and uploaded all my evidence. I'm going to reach out to my coworker tonight about being a witness. Feeling a bit more confident now about the process, even though the waiting is going to be tough. I'll update this thread after my hearing to let everyone know how it went!