TWC denied my claim saying I quit - but I was caring for my hospitalized newborn during hurricane flooding
So frustrated right now! TWC denied my unemployment claim stating I 'voluntarily quit' my job. This is completely false! What actually happened: my newborn was admitted to the hospital THE DAY the hurricane hit. I immediately notified my manager that I couldn't come in until my baby was released from hospital. Instead of understanding, they just removed me from the schedule completely. They actually expected me to show up for work the day after the hurricane when roads were completely flooded, businesses everywhere were closed, and I was at the hospital with my newborn who needed medical care for 3 days straight! How is this considered 'quitting'?? I've already submitted an appeal but I'm worried sick about finances. Has anyone successfully appealed a wrongful voluntary quit determination, especially with a family medical situation? What are my realistic chances of winning this appeal and getting my benefits?
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Mei Chen
sounds like u might have a case since they took u off schedule instead of u actually quitting. did u get anything in writing about being taken off schedule? also did u formally request time off or just tell them u couldnt come in? the details matter with twc
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Jamal Harris
•I texted my manager that my baby was in the hospital and I couldn't make it in until she was discharged. She just replied 'ok' and when I checked the app later I was completely removed from all future schedules. No discussion about it being termination or anything. I have the text messages saved.
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Liam Sullivan
You definitely have grounds for appeal. This sounds like what TWC calls a medical separation, not a voluntary quit. For your appeal hearing, you'll need to focus on these key points: 1. You had a genuine medical emergency (hospitalized newborn) 2. You properly notified your employer 3. The employer took action by removing you from the schedule without discussing termination 4. Natural disaster circumstances (hurricane flooding) prevented travel Bring documentation of your baby's hospital stay dates, any communication with your employer, and evidence of the flooding if possible. The burden of proof is on the employer to show you voluntarily quit, and what you've described doesn't meet that standard.
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Jamal Harris
•Thank you so much for this detailed response! This gives me hope. I definitely have the hospital records and text messages to my manager. Should I also bring photos of the flooding in our area? I'm nervous about the hearing - is it by phone or do I have to go in person?
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Amara Okafor
OMG the same thing happened to me last year! Well not exactly the same but TWC also said I quit when I actually got fired. First they denied me but after appeal I did get approved. Here's what helped me: 1. Had all my texts with boss saved 2. Got a statement from coworker who witnessed what happened 3. Pointed out employer had no documentation of me quitting The appeal hearing was over the phone and took about 25 minutes. The hearing officer was actually pretty fair! Don't give up!!
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Jamal Harris
•That's really encouraging to hear! Did you have a lawyer or did you represent yourself? I'm worried I'll say something wrong and mess up my case.
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CosmicCommander
TWC appeals about separation issues are very fact-specific. Your case has several strong elements: 1. You had a qualifying compelling personal reason (care for a hospitalized immediate family member) 2. You gave proper notice (the text messages) 3. Natural disaster complications (hurricane flooding) Based on TWC precedent cases, you have approximately a 70-75% chance of winning your appeal if you present your evidence clearly. Make sure to emphasize that you never stated any intention to quit - the employer made an assumption and took unilateral action by removing you from the schedule. For your appeal hearing, organize your timeline clearly. Submit your evidence at least 3 business days before the hearing date. Be factual and unemotional during testimony. And very important: MAKE SURE to attend the hearing - missing it almost guarantees denial.
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Amara Okafor
•This is really good advice! Also want to add - when the employer speaks during the hearing, write down anything they say that's not true so you can address it when it's your turn to respond. That helped me a lot in my appeal.
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Giovanni Colombo
Ugh, TWC is THE WORST! They automatically side with employers and make us jump through hoops. I got denied three times before finally winning my appeal. The whole system is designed to frustrate people so they give up. DON'T GIVE UP!!
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Fatima Al-Qasimi
•I know right?! And trying to call them is a complete nightmare. I spent 6 days trying to reach someone about my appeal status and kept getting disconnected after waiting for hours. Finally used this service called Claimyr (claimyr.com) that got me connected to a TWC rep in under 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh - total gamechanger when you need to actually talk to someone at TWC. Especially for appeal questions when you need answers fast.
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Dylan Cooper
when i had my appeal hearing for a similar thing the judge person asked me if i had looked for other work while my kid was in hospital. make sure u have answer ready for that. they might try to trip u up
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Jamal Harris
•I hadn't even thought about that question. How do they expect someone to job search while at their child's hospital bedside during a hurricane?? But good point, I'll prepare an answer for that. Did you win your appeal?
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Dylan Cooper
yea i won but took like 5 weeks to get decision letter. then another 2 weeks b4 money started coming
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Jamal Harris
•That's such a long wait! I'm already struggling with bills, but at least there's hope it might work out eventually.
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Liam Sullivan
One more important detail: for your appeal, you need to continue requesting payment every two weeks even while waiting for the appeal decision. Many people don't realize this and miss out on back payments if they win their appeal. Log in to your TWC account and complete your payment requests on your scheduled days, and make sure you're completing the required 3 work search activities each week and documenting them properly.
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Jamal Harris
•Thank you for mentioning this! I wasn't doing the payment requests because I thought I had to wait until after the appeal. I'll start doing them right away and keeping track of my work searches.
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Mei Chen
my cousin had situation kinda like yours, employer said she quit but she was just out with covid. she won her appeal but it took forever. just be patient i guess
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Jamal Harris
•Thanks for sharing that - it helps to hear success stories. Did your cousin get all the back payments from when she first applied once she won the appeal?
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Mei Chen
yeah she got all the back money at once. was like 6k cause it took like 3 months total. but she had to request payment every 2 weeks whole time like someone else already said
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CosmicCommander
Since your separation involves both a medical issue and a natural disaster, make sure to specifically mention both during your appeal hearing. TWC has special provisions for both situations. The natural disaster element (hurricane flooding) adds substantial weight to your case since TWC recognizes this as a legitimate barrier to work. Also worth noting: if you've worked for this employer for over a year, mention that too. Longer employment history works in your favor for these types of appeals.
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Jamal Harris
•This is great to know. I had been with this company for almost 2 years before this happened. I'll definitely mention both the medical emergency and the hurricane flooding barriers during my hearing.
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