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!!!

As someone who works in HR (though not in Texas), I want to emphasize that the retaliation angle is absolutely crucial to your case. The timeline you described - good performance for years, HR complaint about supervisor, then sudden PIP - is a textbook pattern that hearing officers are trained to recognize. A few additional points for your preparation: - Document EXACTLY what you reported to HR and when, even if it's just your own notes - If you have any witnesses to the supervisor's behavior you reported, mention their names - The "guideline" comment your manager made at the end is actually huge - it shows they moved the goalposts, which undermines the legitimacy of the termination - Performance terminations require clear standards and fair opportunity to improve, which it sounds like you weren't given The fact that you addressed all specific items on the PIP but were told that wasn't enough suggests the process wasn't conducted in good faith. This kind of bad faith conduct by employers often results in successful appeals. Stay calm, stick to your timeline, and emphasize the retaliation pattern. You've got a stronger case than you might think!

I went through a similar TWC appeal last year for a performance-related termination and won. Here's what really helped me prepare: **Before the hearing:** - Practice telling your story chronologically in 5 minutes or less - Write down key dates and have them handy (PIP start date, weekly meetings, completion dates) - Test your phone connection if it's a phone hearing **During the hearing:** - Let the employer go first - they have the burden of proving misconduct - Take notes on what they say so you can address their points specifically - When it's your turn, emphasize that you completed ALL specific requirements on the PIP - Make sure to mention the timeline: good performance → HR complaint → sudden PIP → termination **Key points to stress:** - You had no performance issues for 3+ years before the HR complaint - You addressed every specific item they put on your PIP - They changed expectations at the last minute without clear communication - The timing suggests retaliation for your HR complaint The hearing officer is looking for whether you committed "misconduct" under TWC's definition. Simply not meeting subjective or changing performance standards usually doesn't qualify. You sound like you have a solid case - stay confident and factual!

I'm a former TWC appeals examiner and wanted to share some insider perspective on what hearing officers are specifically looking for in performance-based termination cases. The burden of proof is entirely on your employer to demonstrate that your termination was due to "misconduct" - which has a very specific legal definition under Texas law. It's NOT just poor performance, but rather willful disregard of your employer's interests or deliberate violation of workplace standards. Your case has several strong elements: 1. **Documentation gap**: Your employer will struggle to show a pattern of misconduct when you had clean performance reviews for 3+ years 2. **Retaliation timeline**: The timing between your HR complaint and the sudden PIP creates a rebuttable presumption of retaliation 3. **Moving goalposts**: The "it's just a guideline" comment suggests the PIP wasn't implemented in good faith 4. **Completion of requirements**: You have documentation showing you met the specific PIP requirements **Critical hearing tips:** - The hearing officer controls the order - typically employer presents first since they have the burden of proof - You'll be sworn in under oath - everything is recorded - Focus on facts, not emotions about fairness - When they present their case, write down specific claims so you can address each one - Emphasize that you completed measurable, specific requirements on the PIP You have a stronger case than most people realize. Performance improvement plans are meant to be genuine opportunities for improvement, not pretexts for predetermined terminations.

I've been following this thread and wanted to add something that helped me tremendously in my TWC appeal hearing last year. Beyond all the excellent documentation advice everyone's given, I'd recommend creating a simple one-page timeline that you can reference during the hearing. Mine looked like this: **2021-2023: Consistent good performance reviews (attach copies)** **July 2024: Reported supervisor to HR for unprofessional conduct** **July 2024: Suddenly placed on 90-day PIP (suspicious timing)** **Weekly meetings: Documented completion of all specific PIP requirements** **End of PIP: Manager says requirements were "just guidelines" - goalpost moved** **Termination: Despite meeting all stated requirements** Having this visual timeline helped me stay focused and made the retaliation pattern crystal clear to the hearing officer. The key is showing the dramatic shift from years of good performance to sudden problems right after your protected HR complaint. Also, practice saying this out loud: "I completed every specific requirement outlined in my Performance Improvement Plan, as documented in my emails. When I was terminated, I was told these were just 'guidelines,' which contradicts the purpose of a PIP and suggests the process was not conducted in good faith." You've got this! The fact that you addressed all the specific PIP items with documentation puts you in a really strong position.