TWC denied my unemployment after being fired during performance plan - appeal hearing next week

I had a similar appeal hearing last year and won, so I can definitely help you prepare. On the call will be you, your former employer (or their representative), and a TWC hearing officer who acts as a neutral party. The hearing is fairly formal - everything is recorded and you'll all be under oath. You should focus on proving that you were meeting the requirements of your PIP and that the termination wasn't due to misconduct on your part. Bring documentation of: 1. Your original performance reviews before the PIP 2. The written PIP with the specific requirements 3. Any emails or documentation showing you completed the required improvements 4. Documentation about the HR complaint (this shows possible retaliation) Let the employer speak first, take notes, and address each point calmly with evidence. Don't interrupt or get emotional. Make sure to mention that you completed all specific requirements on the PIP, and that changing expectations last-minute without clear communication isn't fair grounds for termination.

Went thru this last yr. THE COMPANY WILL LIE!!! They made up all kinds of stuff in my hearing that never happened. make sure u have EVERYTHING in writing!!!! My manager said I was warned 3x but had ZERO proof and guess what?? I WON!!!! Good luck!!!!

Your situation sounds like possible retaliation, which could really help your case. The timing between your HR complaint and suddenly being put on a PIP is suspicious. For your hearing: 1. Submit all your evidence to the hearing officer at least 24 hours before (they should have sent instructions) 2. Prepare a timeline showing: good performance history → HR complaint → sudden PIP → termination 3. Be ready to explain exactly how you met each requirement on the PIP 4. Stay professional and stick to facts - even if employer makes you angry 5. Emphasize that changing the expectations at the end ("guidelines" comment) shows bad faith The hearing usually lasts 30-45 minutes. The officer will ask most questions, and each side gets to present their case. They're specifically looking at whether you were fired for misconduct, which has a specific legal definition in unemployment terms.

lol these companies think they can just fire ppl whenever they want and we cant get benefits. my cousin got fired for "performance" too and he said the hearing was super intimidating, his boss kept interrupting him

I've been through two TWC appeal hearings (won both) and I recommend trying to reach a TWC agent before your hearing to ask procedural questions. Unfortunately, it's nearly impossible to get through on their main line. I discovered a service called Claimyr (claimyr.com) that got me connected to a live TWC agent in under 20 minutes after trying for days on my own. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Asking a TWC agent specific questions about your hearing beforehand can really help you prepare properly. For example, I learned I could submit additional evidence up to the day before my hearing, which ended up being crucial to my case.

The key thing here is that for a performance-based termination to disqualify you from benefits, TWC requires that the employer prove you deliberately performed poorly or violated clear policies. Simply not meeting subjective performance standards is usually NOT misconduct under TWC rules. Make this point clearly in your hearing! Also, document the moving goalposts - the fact they changed expectations after you met the requirements on the PIP is crucial. Good luck!

hey i had my appeal hearing last month but mine was for attendance not performance but anyway it was me my old boss the TWC judge and my companys HR person. it lasted like an hour and they asked alot of questions. make sure u have ur dates right they kept trying to trip me up about when things happened

One more thing - the appeal hearing isn't your only chance. If you lose, you can request a re-hearing within 14 days if you have good cause, or appeal to the Commission. Many people give up after the first appeal, but persistence can pay off. Also, don't forget to keep requesting payment while your appeal is pending! Many people forget this step and lose weeks of potential benefits if they eventually win.

I FORGOT to mention!!! Make sure you talk about how your manager was treating you BEFORE the PIP!! It sounds like they were targeting you after you reported them and that's RETALIATION!!! The fact they never had problems with your work for years before this is SUPER IMPORTANT!!!