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TWC disqualified me after layoff - how long does 1st appeal take to get approved?

I got laid off from my warehouse job 3 weeks ago (not my fault at all) and filed for UI right away. Just got a determination letter saying I'm DISQUALIFIED because I 'failed to seek additional assignments' at the temp agency. This is complete BS! I called the agency the very NEXT DAY after the layoff, spoke with their receptionist who took all my info and said someone would call me back about new assignments. Nobody EVER called me! Now TWC is saying I voluntarily quit by not following up? I filed my appeal online yesterday but I'm freaking out about how long this might take. Bills are piling up fast. Has anyone dealt with winning an appeal against a temp agency? What evidence should I bring to the hearing? Do I need phone records proving I called them? And seriously, how long before I'll get a decision on this? The determination letter says I can't get any benefits until this is resolved.

LongPeri

Appeals with TWC typically take 4-6 weeks right now. I went through something similar with a construction temp agency last year. For the hearing, you'll definitely want evidence that you contacted them - phone records showing the date/time of your call would be helpful. Also, write down exactly what was said in that conversation with the receptionist while it's fresh in your mind. The good news is that if you win the appeal, you'll get all the back payments for the weeks you requested payment during the appeal process. Make sure you keep requesting payments every two weeks even while disqualified!

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4-6 WEEKS?? How am I supposed to survive that long?? Do you know if I can get any kind of emergency assistance while waiting? And just to be clear, I need to keep doing the work search activities and requesting payments every 2 weeks even though right now it says I'm disqualified?

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been there done that. temp agencies ALWAYS try to say u didnt call for more work. won my appeal but took almost 2 months. make sure u request payment every 2 weeks or youll lose those weeks even if you win!!

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OMG TWO MONTHS?? That's insane! The system is so rigged against workers. My sister went through the EXACT same thing with a temp agency last year - they never called her back either then claimed she "abandoned" the job. The whole temp agency system is a scam to avoid paying unemployment!

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I can provide some guidance on this process. First, TWC appeal hearings are currently being scheduled about 4-5 weeks out from the appeal filing date. Here's what you should prepare: 1. Phone records showing you called the agency (date, time, duration) 2. Names of anyone you spoke with 3. Detailed notes about what was discussed 4. Any emails or texts you sent following up 5. Copy of your layoff notice if you received one Your chances of winning depend on how well you can document your side. Temp agency cases often come down to "he said/she said" situations, but if you can prove you made the initial contact, you have a good chance. TWC hearing officers are generally fair. And yes, absolutely continue requesting payment every two weeks and completing your work search activities (minimum 3 per week). If you win, you'll get all back payments.

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Thank you for the detailed response. I don't have a physical layoff notice, just was told verbally that the warehouse contract ended. Should I try to get something in writing from them now? I'm worried the temp agency will say I abandoned the job since they claim I "didn't follow their procedures" for requesting new assignments, even though I definitely called.

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Liv Park

When I had my appeal they took FOREVER to schedule the hearing but then the decision came pretty quick after that (like 3-4 days). Make sure you login like 15 mins early to the phone hearing! I was late and almost missed mine lol. Good luck!!! 🍀

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After waiting on hold with TWC for HOURS every day for almost two weeks trying to talk to someone about my appeal status, I found this service called Claimyr (claimyr.com) that got me connected to a TWC rep in about 20 minutes! They have this system that holds your place in line so you don't have to stay on hold forever. I was super skeptical but they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The TWC rep I spoke with actually gave me great advice about what specific evidence would help my case and marked my file with notes about my situation. Definitely worth it since I was getting absolutely nowhere trying to call on my own.

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does this actually work??? ive been trying to get thru to twc for 3 days straight with no luck

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Yes, it really worked for me. I was connected to someone at TWC within 25 minutes after trying unsuccessfully for almost two weeks on my own. The agent I spoke with was able to see my appeal had been received and gave me info about what to expect next.

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The EXACT same thing happened to me with a medical staffing agency! They laid me off from my assignment then claimed I "abandoned" the job by not calling them every day asking for work (which was NEVER explained as a requirement). I appealed and WON but it took 7 weeks total from filing the appeal to getting a decision. The most frustrating 7 weeks of my life. Here's what helped me win: 1. I had text messages proving I contacted them after being laid off 2. The agency couldn't produce any written policy showing I was required to call daily 3. I had a witness (coworker) who testified that we were all laid off at once The TWC hearing officer sided with me completely. Temp agencies pull this garbage ALL THE TIME. Don't give up!

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This gives me hope! I don't have texts, just the phone call, but I'm going to see if I can get a statement from the receptionist I talked to. Did you have an attorney for your hearing or represent yourself?

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No attorney - I represented myself. The hearing was over the phone and much less formal than I expected. Just be organized with your evidence and stick to the facts. Don't get emotional (even though it's INFURIATING). Good luck!

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LongPeri

One important thing no one's mentioned yet - if you lose the first appeal (to the Appeal Tribunal), you can file a further appeal to the Commission Appeals. That second appeal won't take as long, usually 2-3 weeks. And if you lose there, you can even take it to civil court, though that's rarely necessary. Also, while waiting, apply for SNAP benefits (food stamps) if you qualify. The income requirements are separate from unemployment, and it can help with groceries while you wait for the UI appeal to resolve.

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👆 this is good advice. snap benefits helped me survive the 2 months waiting for my appeal

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i went thru 3 appeals with twc last year and won them all!!! the system is SO BROKEN. they kept saying i didn't do enough work searches but i did exactly 3 every week like required. each appeal took like a month. just keep documenting EVERYTHING

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Liv Park

Has anyone tried contacting their state representative about speeding up the appeal process? My cousin did this and somehow got her appeal heard within 2 weeks!

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This can sometimes work, but results vary widely. State representatives have liaisons at TWC who can inquire about cases, but they typically can't change the hearing schedule unless there are truly exceptional circumstances. Still, it never hurts to try this approach alongside the normal appeal process.

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UPDATE: I just got my appeal hearing date scheduled for March 23rd (about 5 weeks from when I filed). Thanks everyone for the advice about continuing to request payments and doing work searches while I wait. I'm gathering my phone records and asked a coworker who was laid off the same day to be a witness. Fingers crossed this works out. Still barely making ends meet but at least there's a date now.

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Good luck! Make sure you get on the call at least 15 mins early. They're actually pretty punctual with the hearings. Let us know how it goes!

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LongPeri

That's good news that you got a date. Make sure to prepare concise notes for yourself so you don't get flustered during the hearing. Practice explaining your situation clearly in 2-3 minutes. And definitely continue those payment requests every two weeks!

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