TWC hearing notice from school district claiming I quit - need help proving I didn't resign

I went through something similar with a school district last year. For your hearing, you should bring: 1. Any communications from the district about school closures/reopening 2. Your TWC payment request history showing continuous claims 3. Any emails or texts showing you expected to return when schools fully reopened 4. TWC notices that show your work search was waived during that period 5. Lack of a resignation letter (they should have this on file if you actually quit) The key is proving you were following TWC guidance and never formally resigned. School districts sometimes do this because they have different rules for unemployment reimbursement than private employers. Stay calm during the hearing and stick to the facts about following official guidance.

omg schools are THE WORST about this!!! my cousin went thru the same thing with her district. they told her to file for unemployment then tried to say she abandoned her job when she wasnt even allowed in the building!!!

School employee unemployment cases are actually handled differently than regular employment. Since you were a cafeteria worker (not a teacher), you should be eligible for benefits during school closures IF you weren't given reasonable assurance of continued employment. For your hearing, focus on these points: 1. You never submitted a resignation (burden of proof is on them to show you did) 2. You followed all TWC instructions for claiming benefits 3. You were available to return when regular operations resumed 4. You had no "reasonable assurance" of employment during closure periods TWC often rules in favor of the claimant in these cases when the employer can't produce a resignation letter or other evidence you actually quit. Make sure to speak clearly, avoid emotional statements about the district, and stick to factual information about your employment status.

i had this EXACT same thing with my district!!! they said i quit in July but i was just waiting for them to call me back! hearing was super stressful but i won because they couldnt show any proof i resigned. just be prepared for them to have HR people there with lots of paperwork trying to make you look bad. good luck!!!

I helped several school employees with similar cases when I volunteered at a worker's rights clinic. Here's what you need to know: 1. Under Texas unemployment law, school employees can receive benefits during closure periods if they weren't provided reasonable assurance of returning to work. 2. The burden of proof is on the employer to show you voluntarily quit - not on you to prove you didn't. 3. Hearing officers often look for specific evidence like a resignation letter, email, or documented phone call where you stated your intention to quit. 4. Your continuing to file payment requests with TWC supports your case that you considered yourself still employed but temporarily not working. Prepare a simple timeline of events: when school closed, communications you had about returning, and when you filed for benefits. Stay factual and avoid expressing anger toward the district during the hearing. If you're having trouble reaching TWC to ask questions before your hearing, you might want to try Claimyr (claimyr.com). They helped me get through to TWC quickly when I needed to prepare for my hearing. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh

My sister works at a school district in HR and she says they do this ALL THE TIME. They wait until months later hoping people won't have kept their documentation or remember exactly what happened. Then they claim the employee resigned so they don't have to pay unemployment costs. Make sure you go to that hearing even if you're nervous!

The ENTIRE unemployment system is designed to favor employers over workers! I fought my old district for 6 months over a similar issue and eventually won, but it was a nightmare. They had THREE lawyers at my hearing while I was by myself trying to defend my case. The system is RIGGED and they know most people will just give up rather than fight!

Just wanted to add - make sure you're using the Texas Workforce Commission's appeal portal to upload any documentation before your hearing. You can submit evidence through their online system, and this creates an official record that the hearing officer will review. Also, if you're not comfortable speaking at the hearing alone, you can have a friend or family member join as a "navigator" (not as legal representation, but as support). Just make sure to notify TWC ahead of time if you're bringing someone. And document EVERYTHING from now until the hearing - any communications with the district, any conversations with TWC, etc. Keep detailed notes with dates and times.

Just checking in - were you able to reach TWC to ask your questions before the hearing? If you're still having trouble getting through, seriously consider using Claimyr. I was skeptical at first, but it saved me hours of frustration when I was preparing for my hearing. I was able to ask specific questions about the documentation I needed and the hearing process, which helped me feel much more prepared.

One last piece of advice for your hearing - be very careful what you say about your availability for work during that period. The school might try to trip you up by asking if you were "ready and available" to return to work at any point. The correct answer is "Yes, I was available to return when the school reopened for normal operations and I was called back." Don't fall into the trap of saying you wouldn't have returned under certain conditions (unless you had legitimate health concerns that are protected). Remember that to qualify for unemployment, you needed to be ready and available for suitable work. Good luck with your hearing! Please let us know how it goes - your experience could help others in the same situation.