TWC denied my claim saying I quit when I was actually fired after giving notice - can I appeal?
I'm beyond frustrated with TWC right now. Here's what happened: I gave my 2 weeks notice at my job because the pay wasn't cutting it (I was making $16.50/hr when similar positions were paying $21+). Only 3 days later, my supervisor suddenly terminated me, claiming "safety violations" but refused to specify what these violations actually were. When I contacted HR directly, they confirmed I'm listed in their system as TERMINATED, not resigned. Yet somehow TWC denied my claim saying I "voluntarily quit"?? This makes zero sense. My determination letter literally states I'm disqualified because I "left the job voluntarily without good cause attributable to the employer" - but I was FIRED before my notice period ended! I've been trying to call TWC for 2 weeks straight with no luck. Has anyone successfully appealed in a situation like this? The appeal deadline is next Friday and I'm desperate to get this fixed.
18 comments
Yuki Sato
YES! You absolutely should appeal this! This is a very common situation, and many people successfully win these types of appeals. Here's what you need to know: 1. File your appeal BEFORE the deadline (sounds like you have about a week left) 2. Clearly state in your appeal letter that you were terminated before your notice period ended 3. Get documentation from HR confirming your termination (emails, termination letter, etc.) 4. If possible, get a statement from HR confirming you were terminated for alleged safety violations rather than quitting During the appeal hearing, focus on the TIMELINE - you gave notice, but were terminated BEFORE your resignation date. That means you didn't quit - the employer made the decision to end your employment early. The fact they're claiming "safety violations" strengthens your case since that's clearly a termination reason, not a resignation.
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StarStrider
•Thank you so much for this detailed response. I just sent an email to HR asking for written confirmation of my termination status and reason. Should I mention in my appeal that I originally gave notice because of the pay issue? Or just focus on the fact that I was terminated before my notice period ended?
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Carmen Ruiz
same thing happened to me!!! my boss fired me the DAY AFTER i gave 2 weeks notice and then told TWC i quit. its total bs. make sure u appeal!!!
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StarStrider
•Did you win your appeal? What documentation did you end up needing to provide?
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Andre Lefebvre
This is EXACTLY how these companies try to avoid paying unemployment! They know exactly what they're doing. They terminate you after you give notice so they can try to argue both ways - telling TWC you quit voluntarily while also getting rid of you immediately for their convenience. I've seen this happen dozens of times. You NEED to appeal and make it crystal clear that your employment ended because of THEIR decision to terminate you before your notice period ended. The reason they fired you doesn't even matter in this case - the fact is THEY chose to end the employment relationship before your resignation date. BTW - the "safety violations" thing is probably complete BS too. Notice how they won't tell you what they were? They're making that up to cover themselves.
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StarStrider
•You're right - it feels like they're playing games. I've asked repeatedly what these "violations" were and nobody will give me a straight answer. I'm definitely going to appeal.
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Zoe Alexopoulos
i dont understand why ur situation would be denied. ur employer terminated u before ur 2 weeks was up so techinically they fired u. just fill out the appeal form online. sometimes twc just gets things wrong or the employer lies and its a easy fix. dont stress to much
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Jamal Anderson
This is a textbook case of an employer misrepresenting the facts to TWC. What happened is your employer reported to TWC that you resigned, but failed to mention they terminated you before your resignation date. This happens frequently. For your appeal: 1. Request a copy of your TWC claim file through their online portal - this will show exactly what your employer reported 2. Submit documentation of termination from HR as evidence 3. Be prepared to explain the timeline clearly at the hearing You'll likely have a telephone hearing with a TWC hearing officer. Make sure you have all your evidence organized and submitted beforehand. The hearing officer will ask both you and your former employer questions about what happened. Also, on the appeal form itself, be very direct: "I was terminated on [DATE] for alleged safety violations before my resignation date of [DATE]. I did not quit - I was fired."
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Mei Wong
•I'd add that you should also mention in your appeal that the employer has refused to tell you what these alleged safety violations were, making it impossible for you to even address them. TWC doesn't like it when employers make vague accusations they can't back up. good luck!!!
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QuantumQuasar
Have you tried reaching TWC by phone? They might be able to give you more info about why exactly they denied your claim. Maybe there's more to the story that your employer told them?
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StarStrider
•I've been trying non-stop for two weeks! Either busy signal or I get put on hold for 2+ hours and then disconnected. It's impossible to reach anyone.
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Liam McGuire
•Try using Claimyr (claimyr.com) - it's the only way I was able to actually get through to a TWC agent. They basically call TWC for you and when they get someone on the line, they connect you. Saved me days of frustration with busy signals. They have a video demo of how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh I was in a similar situation (employer lied about why I left) and I really needed to talk to someone at TWC before my appeal deadline. Was worth it to actually get answers.
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Carmen Ruiz
my friend said if u gave 2 weeks but they fire u before the 2 weeks is up u should qualify but sometimes the employers lie to twc about what happened dont they have to prove the safety violations??
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Jamal Anderson
•Yes, in an appeal hearing, the employer would need to provide evidence of the safety violations if that's their reason for termination. If they can't produce documentation or testimony about specific incidents, their case is significantly weakened. TWC typically requires employers to show that any misconduct was deliberate or willfully negligent.
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Yuki Sato
Just wanted to add one more important thing - make sure you continue to request payment every two weeks while your appeal is pending! Many people stop requesting payment during appeals, but you should continue doing this and completing your work search activities. If you win your appeal, TWC can only pay you for weeks you properly requested payment.
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StarStrider
•Thank you! I actually wasn't doing this because I thought I couldn't request payment after being denied. I'll start doing it right away.
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Mei Wong
Just an update for anyone who finds this thread later - I won my appeal in almost the exact same situation! Make sure you have documentation showing when you gave notice and when you were terminated. The hearing officer in my case immediately understood that being fired before your notice period ends means you were terminated, not that you quit. Good luck!!!
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StarStrider
•That's so encouraging to hear! I just submitted my appeal online and included a timeline with dates of when I gave notice and when I was terminated. HR finally sent me an email confirming my termination date, so I included that too. Fingers crossed!
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