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TWC employer appeal I knew nothing about - suddenly owe $13,500 in overpayment!

Just got blindsided by TWC today. Received an electronic determination letter saying I owe $13,500 in overpayment because my former employer won an appeal I didn't even know was happening!? The appeal was apparently filed in late January, but I NEVER received notification about any hearing date. I checked all my correspondence in my TWC account and there's absolutely nothing about a hearing scheduled. The original determination approved me for benefits, which I received from September through January. I've already spent that money on rent and bills - there's no way I can repay $13K! The letter mentions something about 'employer provided evidence of misconduct' but I was laid off due to lack of work. Has anyone dealt with this nightmare before? Do I have any options to fight this retroactive denial when they never even gave me a chance to defend myself at the hearing?

Harmony Love

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omg this happened to me last year!! TWC is so unfair sometimes. my old boss lied about why i left and i had to fight for like 3 months to fix it. good luck!

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Did you end up having to repay anything? I'm in full panic mode right now.

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Rudy Cenizo

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You need to file an appeal immediately! You have 14 calendar days from the date on that determination letter to appeal. The fact you weren't notified of the hearing is actually grounds for appeal itself. When you submit your appeal, clearly state that you never received notification of the employer's appeal hearing and were denied due process. Request a new hearing where you can present your side. Make sure to submit any documentation showing you were laid off due to lack of work (termination letter, emails, etc). While waiting for the appeal, you can also request a payment plan if the overpayment stands. But focus on the appeal first - the 14-day deadline is critical.

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Thank you! The determination letter is dated March 18th, so I still have time. I'll start working on the appeal today. Should I call TWC first or just submit the appeal through my online account?

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Rudy Cenizo

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Submit the appeal online first to make sure you meet the deadline. You can call afterward to confirm they received it, but good luck getting through. Document everything - take screenshots of your correspondence section showing you never received hearing notification.

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Natalie Khan

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THE SAME EXACT THING HAPPENED TO ME!!! TWC is so BROKEN! My employer filed some BS appeal claiming I was fired for attendance when I was actually laid off. I never got ANY notice about a hearing and then BOOM - $8700 overpayment notice! I fought it and WON though. Here's what you need to do: 1. FILE THAT APPEAL NOW!!! Do NOT wait! 2. Call the appeal office EVERY DAY until you talk to someone 3. Get proof from emails or anything showing you were laid off 4. Request all documents from the employer appeal hearing The system is RIGGED to favor employers but you can win if you're persistent!!!

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Daryl Bright

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While I understand your frustration, you don't need to call every day. That actually clogs the system and makes it harder for everyone to get through. Filing the appeal and following up once a week is sufficient. The appeal department has specific procedures they follow when someone claims they weren't notified of a hearing - this is actually a common issue they deal with.

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Sienna Gomez

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I'm so sorry you're dealing with this! One thing to be aware of - check if the notice about the employer's appeal might have been sent to your physical mailing address rather than electronically. Sometimes TWC sends certain types of notices by regular mail only, especially appeal-related documents. Did you move or have any mail forwarding issues during the last few months? If so, that could explain why you never received the hearing notification. When you file your appeal, be sure to update your contact information and specifically request that all future correspondence be sent both electronically and by mail. You should also check your spam folder regularly just in case.

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That's a good point. I did move at the end of December, but I updated my address with TWC right away. I should probably mention that in my appeal too. Thank you for the suggestion!

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what type of job did u have? sometimes certain industries fight all unemployment claims no matter what. my cousin worked in retail and they appealed even tho they laid him off

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I worked in hospitality. The company has been having financial problems for a while and laid off about 25% of staff. They told us it was due to 'restructuring' and 'economic conditions' - nothing about performance or misconduct.

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Daryl Bright

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This situation can definitely be remedied through the appeals process. When you didn't receive notification of the hearing, that's a procedural error on TWC's part that typically results in a new hearing being granted. Here's what to do: 1. File your appeal using Form E-230 (available online through your TWC account) 2. Specifically state you were denied due process because you never received hearing notification 3. Include any evidence you have regarding your separation being due to lack of work 4. Request a copy of the employer's appeal and all evidence they submitted 5. Make sure all your contact information is current While waiting, do not ignore the overpayment. You can request a payment plan or waiver if you can demonstrate financial hardship. Don't worry too much yet - many of these situations get resolved in the claimant's favor when proper procedures weren't followed.

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Thank you for the detailed information! I'm working on my appeal letter now. Should I also include a statement from my former supervisor who told me directly it was a layoff? She was actually pretty apologetic about the whole thing.

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Daryl Bright

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Absolutely include that statement if possible! A direct statement from your supervisor confirming it was a layoff would be extremely valuable evidence. Ask them to be specific about the reason for separation and to mention that it wasn't related to any misconduct or performance issues. If they're willing to provide this in writing (email is fine), it could be the key piece of evidence in your favor.

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Harmony Love

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whatever u do dont ignore this!! my roomate got an overpayment notice and just threw it away bc she was scared and now theyre garnishing her wages and tax returns

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I definitely won't ignore it! That sounds awful for your roommate. I'm preparing my appeal right now.

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Daryl Bright

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As a follow-up to my earlier comment, I want to clarify something important: When TWC schedules appeal hearings, they typically send notice both electronically and by postal mail at least 10 days before the hearing date. They're required to make a reasonable attempt to notify all parties. The fact you didn't receive any notification could indicate a system error or mail delivery issue. When you submit your appeal, request a "Finding of Good Cause for Failure to Appear" due to lack of notification. This is a specific procedure for situations exactly like yours. Also, be aware that you're entitled to request a full copy of your claim file through an open records request. This will show exactly what notifications were supposedly sent to you and when. This documentation will be crucial for your case.

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This is incredibly helpful. I'll specifically request the "Finding of Good Cause for Failure to Appear" and ask for my complete claim file. I want to see exactly what happened with these notifications they claim were sent.

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you should talk to a lawyer some do free consultations for unemployment stuff. this is a lot of money were talking about!

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Sienna Gomez

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This is good advice. Legal Aid organizations in Texas often provide free assistance with unemployment appeals, especially in cases involving procedural errors like not being notified of a hearing. Texas RioGrande Legal Aid and Lone Star Legal Aid both help with unemployment issues. You don't necessarily need to hire a private attorney for this type of appeal.

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