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TWC disqualified me for 'not liking work conditions' but I quit due to sexual harassment - help!

I'm so upset right now! TWC just disqualified my claim saying I 'did not like the work conditions' which is NOT what happened. I quit my job because of ongoing sexual harassment and a hostile work environment. I clearly stated this in my resignation letter too. The caseworker called me for an interview last week and kept asking why I didn't leave the job sooner, which felt like victim-blaming! When I tried to explain the sexual harassment incidents, she literally said she 'didn't want to talk about that' and changed the subject. Then BAM - got my determination letter yesterday saying I'm disqualified. Does TWC not take sexual harassment seriously?? I have text messages, emails, and witnesses to back up my claims. How do I appeal this decision? What evidence should I submit? Has anyone successfully appealed a similar situation? I'm panicking because I NEED these benefits to survive until I find another job.

Pedro Sawyer

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You need to appeal IMMEDIATELY. You only have 14 days from the date on that determination letter. The reason they denied you is because 'not liking work conditions' isn't good enough for benefits, but sexual harassment absolutely IS considered good cause to quit if you can prove it. Your caseworker sounds terrible and probably didn't even document the harassment properly in your file.

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Gemma Andrews

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Thank you! I'm definitely appealing - just sent it in today actually. Should I submit all my evidence with the appeal or wait for the hearing? I have screenshots of inappropriate texts, copies of emails I sent to HR, and even a witness willing to testify.

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Mae Bennett

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omg this SAME thing happened to me last year!! caseworker totally dismissed my harassment complaints and focused on everything else. system is rigged i swear

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Gemma Andrews

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That's awful! Did you end up appealing? Did it work out for you?

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Mae Bennett

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yeah i appealed and won but took like 2 months to get a hearing. make sure u have EVERYTHING documented. texts emails whatever shows u reported it to ur employer

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I'm a former HR director and have helped employees navigate TWC claims. Here's what's happening: Texas is an at-will employment state, but sexual harassment creates what's called "good cause attribution" to the employer, meaning you had good reason to quit. For your appeal: 1. Submit ALL documentation showing the harassment occurred 2. Provide evidence you reported it to management/HR before quitting 3. Explain why the work environment was intolerable 4. Submit your resignation letter mentioning harassment 5. List witnesses willing to testify at the hearing The burden of proof is on YOU to show that a reasonable person would have quit under these circumstances. The appeal hearing officer will be different from your initial caseworker.

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Gemma Andrews

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This is incredibly helpful, thank you! I did report it to HR twice and have documentation. My direct supervisor was actually part of the problem. I saved everything because I had a feeling I might need it. I'll definitely include all of this in my appeal packet.

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You're welcome. During the hearing, stay calm and stick to facts. Don't get emotional even if it's personal. Focus on the timeline of events, your reporting attempts, and why continuing to work there was untenable. The hearing officer will ask specific questions - just answer what they ask without rambling. Good luck!

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Melina Haruko

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My cosin went thru something like this at her job!! The TWC people can be so RUDE sometimes!!! I hope you get your benefits cause its not fair!!!!!

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I've been through the EXACT same situation with TWC and sexual harassment. The initial interviewer totally dismissed it, but I won on appeal. Here's my advice: call TWC first thing tomorrow morning to confirm they received your appeal request. You'll probably get a busy signal for hours - I wasted days trying. I eventually used a service called Claimyr (claimyr.com) that got me through to a live TWC agent in under 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P88?si=kNxmh025COIlIzKh When you connect, ask specifically about the status of your appeal and request that they note in your file that you quit due to sexual harassment, not because you "didn't like work conditions." This creates a record separate from what that terrible caseworker documented.

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Gemma Andrews

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Thank you for sharing your experience - it gives me hope! I'll definitely try to reach TWC directly. Getting through to them has been impossible. I'll check out Claimyr if I can't get through tomorrow. Did you have a hearing for your appeal? How long did it take from filing the appeal to actually getting a decision?

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Yes, I had a telephone hearing about 6 weeks after filing the appeal. The hearing officer was MUCH more professional than the initial interviewer. Just be prepared with all your evidence organized chronologically. They asked me very specific questions about each incident, if/how I reported it, and why I felt I had to quit. Decision came 10 days after the hearing and they approved my benefits with backpay!

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Reina Salazar

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This is a perfect example of why the initial determination isn't the final word. Many TWC claims examiners are overworked and may not properly evaluate complex situations like harassment. From a legal standpoint, sexual harassment is absolutely considered "good cause" to leave employment when: 1. You can demonstrate it occurred 2. You made reasonable attempts to resolve it before quitting 3. A reasonable person would find the conditions intolerable For your appeal hearing, prepare a one-page timeline of events. Be ready to explain specific incidents, dates, who was involved, and your reporting attempts. The hearing officer will focus on whether you took reasonable steps to resolve the issue before quitting. Be aware the hearing is recorded and your former employer will likely participate to contest your claim. Stay professional regardless of what they say.

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Gemma Andrews

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Thank you for this detailed advice. I'm definitely worried about facing my former employer at the hearing. The company is small and the owner's son was one of the main harassers, which is why HR didn't take real action. Should I mention that conflict of interest during the hearing?

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Reina Salazar

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Absolutely mention the conflict of interest. That explains why internal resolution was unlikely to succeed. This strengthens your case that you had no reasonable alternative but to quit. Just present it factually: "I reported the harassment to HR on [dates], but the main harasser was the owner's son, creating a conflict of interest that prevented appropriate action."

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Of COURSE they denied you!!! The system is designed to reject as many claims as possible to save money. My wife went through something similar and had to fight for months. These caseworkers don't care about sexual harassment - they just want to check boxes and move on to the next case. It's disgusting how they treat people who are already traumatized. Keep fighting and DON'T give up!

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Gemma Andrews

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I'm starting to feel that way too. Did your wife eventually win her case? This whole process is so dehumanizing on top of everything else I've been through.

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Yes she did win but it took THREE appeals and almost 4 months. We were almost evicted waiting for the backpay. Document EVERYTHING. Record the appeal hearing if they allow it (Texas is one-party consent). And be prepared for your former employer to lie through their teeth claiming you never reported anything. The system is broken but you CAN win if you're persistent.

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Pedro Sawyer

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One more important thing - when you have your appeal hearing, you need to clearly explain the difference between "didn't like work conditions" (which isn't good cause) versus "unsafe/hostile work environment due to sexual harassment" (which IS good cause). Use those exact terms. TWC hearing officers respond to specific legal terminology. Don't let them minimize what happened to you by using their watered-down language.

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I want to clarify something important: under Texas Workforce Commission rules, if you quit due to sexual harassment, the burden actually shifts to the EMPLOYER to prove they took reasonable steps to prevent or correct the harassment once you reported it. Make sure to emphasize during your appeal that: 1. You reported the harassment through proper channels 2. The employer failed to take appropriate corrective action 3. The situation made continued employment unreasonable This is covered under TWC's Unemployment Insurance benefits precedent cases dealing with workplace harassment. The hearing officer should be familiar with this standard.

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Gemma Andrews

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That's really helpful to know! So it sounds like I need to focus on demonstrating that I reported it properly and the company failed to take action, rather than just proving the harassment occurred? I have emails showing I reported it to HR twice with no meaningful response.

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Mae Bennett

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hey when is ur appeal hearing? mine took FOREVER to get scheduled, like 7 weeks after i filed the appeal request

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Gemma Andrews

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They haven't scheduled it yet. Just submitted my appeal yesterday. That's so long to wait! Were you able to request payment during those 7 weeks or did everything freeze until after the hearing?

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Mae Bennett

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u HAVE to keep requesting payment every 2 weeks even tho u wont get paid yet!! if u win they'll pay u all the back weeks but ONLY if u kept requesting payment during the appeal process

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