TWC denied my claim for 'misconduct' but it doesn't match labor code 201.012 definition at all

You absolutely need to appeal this decision. TWC often sides with employers initially, but your understanding of Labor Code 201.012 is spot on. For a successful appeal, you'll need to focus on proving that your separation doesn't meet ANY of the statutory definitions of misconduct. Gather documentation showing your positive performance reviews, lack of write-ups, and any communication about the restructuring. In your appeal letter, specifically cite the Labor Code definition and methodically explain why each element doesn't apply to your situation. The burden of proof is actually on the employer to prove misconduct occurred, not on you to disprove it.

BEEN THERE DONE THAT!!! My employer pulled the EXACT SAME THING last year claiming I was fired for "misconduct" when they were actually just downsizing. TWC rubber-stamps these denials without investigating!! I appealed and WON because I pointed out that the company couldn't provide ANY documentation of misconduct warnings or write-ups. Make sure you emphasize that "poor performance" is NOT the same as misconduct under 201.012!!! The law specifically requires intentional wrongdoing or neglect, not just subjective performance opinions!!!

You have 14 calendar days from the date on your determination letter to file your appeal. Don't miss this deadline! You can request all documents TWC used to make their decision by submitting a request through your online account or by calling them directly. And yes, definitely get copies of whatever your employer submitted.

I represented myself but PREPARED LIKE CRAZY. Create a simple document that lists each part of 201.012 definition and write exactly why it doesn't apply to you. When you get to the hearing, stick to FACTS not emotions. Don't trash talk your employer even if you want to. Just keep bringing it back to the legal definition and lack of documentation. The hearing officer will respect that approach.

my friend jst went thru this! companys lie all the time to twc. make sure u get ur appeal in fast and keep checkin ur correspondence inbox on the twc site. they might ask for more info. poor performance is NOT misconduct!!! u need 2 focus on that in ur appeal

I had to deal with a similar situation and couldn't get through to TWC for days. Finally tried Claimyr (claimyr.com) and they got me connected to a TWC agent in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Totally worth it because I was able to discuss my case directly with someone who explained exactly what documentation I needed for my appeal. The agent even noted in my file that I was disputing the misconduct classification based on the labor code definition.

Ugh, I hate how companies abuse the misconduct clause! I've seen SO many people go through this exact thing. One bit of advice: print out the actual Labor Code 201.012 and bring it to your hearing. I've heard that some hearing officers don't even know the full definition (shocking, I know) and will appreciate having it right in front of them. Also, when you file your appeal, keep it BRIEF. Just state "I disagree with the determination of misconduct as my separation does not meet any criteria under Labor Code 201.012." Save your full arguments for the hearing itself.

i had something like this happen and just gave up cuz it seemed too complicated... wish i had fought it now

When I finally got through to TWC after using Claimyr, the agent told me to focus on these specific points: 1) No written warnings for misconduct, 2) The exact wording used when they let me go, and 3) Any witnesses who could verify the real reason for separation. The agent also recommended submitting evidence at least 3 days before the hearing so the hearing officer has time to review everything. Make sure to number each page of your evidence packet so it's easy to reference during the phone hearing.

my sister works in hr and says companies do this all the time. they know most people wont fight it. just saying "poor performance" without documentation isnt enough for a misconduct finding. twc appeals have like a 30-40% success rate i think? fight it!

Just a heads-up: the appeal hearing will likely be conducted by phone. Make sure your phone is fully charged, you're in a quiet place, and you have ALL your documents organized in front of you. Take notes during the hearing, especially if the employer makes new claims that weren't in the original determination. Also, statements from your colleagues who were laid off at the same time would be EXTREMELY valuable evidence. Get those in writing, signed, and dated if possible.

Absolutely request your personnel file! Texas Labor Code §103.002 gives you the right to access your personnel file. Send a formal written request (email with read receipt is fine) stating you need it for your TWC appeal. They must comply within a reasonable time. This will either: 1) Show you had no misconduct documentation, which helps your case, or 2) Reveal what they're claiming against you so you can prepare a response. Win-win!