TWC denied my claim for missing work during Houston flooding - can I appeal?
I'm at my wit's end trying to figure this out. My apartment complex was completely flooded during that big storm that hit Houston last month. Roads were impassable for 3 days, no power for 5 days, and I literally couldn't get to work (I work at a warehouse about 15 miles from home). My employer marked me as "no-call/no-show" even though I texted my supervisor pictures of the flooding and explained I had no way to get there. They fired me a week later citing attendance policy violations. When I filed for unemployment, TWC denied my claim saying I was terminated for misconduct (attendance issues). The determination letter says I "failed to follow company attendance policy" but doesn't mention anything about the natural disaster circumstances. Has anyone successfully appealed something like this? I feel like being unable to work due to a natural disaster shouldn't count as misconduct, right?
17 comments


Lucas Bey
YES, you absolutely should appeal this determination! I went through something similar during the winter storm in 2021. TWC initially denied my claim, but I won on appeal by providing evidence of the disaster conditions. You need to file your appeal within 14 calendar days of the date on your determination letter. Make sure you include: - Photos of flooding around your home/neighborhood - Any text messages or emails showing you communicated with your employer - Any official disaster declarations for your county - A detailed written statement explaining why you physically couldn't get to work The key here is proving you made reasonable efforts to notify your employer AND that you couldn't reasonably be expected to get to work due to circumstances beyond your control. Natural disasters are typically considered good cause for absence if you can document everything properly.
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Charlotte Jones
•Thank you so much! I've got all those photos saved and the text messages to my supervisor. I didn't think about getting the official disaster declaration - is that something I can find online? My determination letter is dated 7/12 so I have until the 26th to appeal, right?
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Harper Thompson
The SAME EXACT THING happened to me!!! My employer fired me during Hurricane Harvey and TWC initially denied my claim too!!! The system is BROKEN and completely favors employers over workers!! I had to fight for MONTHS to get my benefits. They don't care that your life was in danger - they just see "attendance violation" and hit deny!!
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Caleb Stark
•did u win ur appeal tho?
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Harper Thompson
Yes I did win my appeal but it took FOREVER. Had to wait almost 6 weeks for my hearing.
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Charlotte Jones
•That's encouraging at least. Did you have an attorney or did you represent yourself in the hearing?
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Harper Thompson
Represented myself. Just make sure you have all your evidence uploaded before the hearing and be ready to clearly explain your situation. I was super nervous but the hearing officer was actually pretty understanding once I explained everything.
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Jade O'Malley
my boss tried to say i abandoned my job during a tornado warning last year lol. but i never got fired, they just wrote me up. if they can fire u for a natural disaster thats messed up, def appeal
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Hunter Edmunds
Employment law attorney here. This is absolutely grounds for appeal and you have a strong case. Natural disasters that prevent an employee from physically getting to work are generally not considered misconduct, especially when you made efforts to communicate with your employer. For your appeal: 1. Request all of your employer's attendance policies in writing 2. Document any news reports about the flooding in your area 3. Print out any weather alerts you received 4. Get statements from neighbors if possible confirming road conditions 5. Be very specific about your attempts to notify your employer The TWC Appeal Tribunal recognizes that circumstances beyond an employee's control do not constitute misconduct. The burden is actually on your employer to prove misconduct, not on you to disprove it.
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Charlotte Jones
•This is incredibly helpful, thank you! I've started gathering everything. One more question - will I need to attend a hearing in person? I don't have a car right now (it was damaged in the flood and insurance is still processing).
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Hunter Edmunds
TWC appeal hearings are almost always conducted by phone these days, so transportation shouldn't be an issue. You'll get a notice with the date, time, and call-in information. Make sure all your evidence is submitted through your TWC account portal before the hearing date.
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Caleb Stark
get ur appeal in quick, they strict with the deadlines. i missed mine by 1 day and they wouldnt even look at my case again
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Ella Lewis
I'm currently helping my sister with the exact same situation! Have you been trying to call TWC for advice? We've been calling for days but can't get through to anyone who can actually help explain the appeal process. Just endless busy signals and disconnections.
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Andrew Pinnock
•I had the same issue trying to reach TWC about my appeal. After wasting two full days trying to call them, I found this service called Claimyr (claimyr.com) that got me through to TWC in about 25 minutes instead of spending hours redialing. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh It was worth it to actually talk to someone who could explain exactly what documentation I needed for my appeal. The agent walked me through the whole process, which made a huge difference in my confidence level going into the hearing.
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Lucas Bey
One more important tip: during your appeal hearing, focus ONLY on the natural disaster aspects. Don't get drawn into arguments about other attendance issues even if your employer brings them up. The hearing officer only cares about the specific reason for your termination as it relates to the determination letter. Also, request a copy of your TWC claim file before the hearing so you can see exactly what your employer told TWC. Sometimes employers will change their story or add details that weren't part of the original termination reason.
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Charlotte Jones
Update: I submitted my appeal yesterday with all the documentation suggested here. I included 12 photos of flooding, screenshots of my texts to my supervisor, local news reports about the storm, and the county disaster declaration. Now just waiting for my hearing date. Thanks everyone for your help - I'll update when I hear something!
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Harper Thompson
•Good luck! The waiting is the worst part. My advice - keep requesting payment every two weeks even while waiting for your appeal hearing. If you win, they'll pay everything retroactively.
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