TWC hearing scheduled - employer falsely claiming 2 write-ups but I never received second one + reported sexual harassment

Yes, TWC will eventually schedule a fact-finding phone interview with both sides. You'll need to have ALL your evidence ready - those emails to HR are super important! Print them out with timestamps. Make sure you mention during your interview that you were never given this supposed second written warning. They absolutely will ask the employer to provide documentation of those write-ups. In my situation, my employer claimed I had been written up for attendance but couldn't produce the paperwork. I won my case because they couldn't prove their claims. Stay calm during the interview and stick to facts. Mention specifically that you believe you were terminated in retaliation for reporting harassment.

i had a similar thing happen with target!!! they said i was written up 3 times but i only signed something once. texas workforce commission sided with ME because employer couldnt show the paper i supposedly signed lol. just make sure u answer when they call!!!

The problem is that TWC is SOOOOO overwhelmed right now that cases are taking forever. I had to wait 8 WEEKS for my determination letter after my employer lied about me quitting (I was laid off). You absolutely need to save those emails showing you reported harassment. Texas is an at-will employment state, but they CAN'T fire you for reporting harassment - that's retaliation and it's illegal. The frustrating part is getting through to anyone at TWC to check your claim status. I spent 3 weeks getting busy signals!!!

Former TWC claims examiner here. In separation disputes like yours, both parties will be contacted for their version of events. Here's what you should know: 1. Yes, TWC will request evidence from both sides. The burden of proof is on the employer when they allege misconduct. 2. If the employer claims write-ups, they must provide copies of those documents. If they can't produce the second write-up, that significantly weakens their case. 3. Your documentation of harassment complaints establishes a timeline that may support your claim of retaliatory discharge. 4. Be prepared to explain why you believe the termination was related to your harassment reports. Timing is crucial here. 5. A determination will be made based on the preponderance of evidence. If your documentation is solid and the employer can't produce the second write-up, you have a strong case. The one-month wait is unfortunately normal in the current backlog. Continue requesting payment (if you're eligible) while you wait for the determination.

Just went through something similr. My boss told TWC I was a no-call no-show but I had texts proving I called in sick!!! Make sure u have COPYS of everything bc TWC will want to see it all. My phone interview was 45 days after I filed my claim. Its so stressful waiting!!!!

When you have your fact-finding interview, make sure to clearly state that you were never presented with a second write-up. Ask them to have the employer produce documentation with your signature. Additionally, explain the timeline of your harassment reports in relation to your termination date - this will help establish the potential retaliation pattern. I recommend organizing your evidence chronologically: 1. Date of first/only write-up 2. Dates of each harassment report to HR 3. Date of termination This timeline will be crucial in your case. Also, continue requesting payment every two weeks while you wait for a determination. If you're eventually approved, you'll receive backpay for the weeks you properly requested payment.

When i got fired my employer made up a bunch of stuff too and TWC believed them at first!!! I had to appeal and then I won when they couldnt prove anything. the system is broken dont get ur hopes up...

To answer your follow-up question - you should wait for the scheduled fact-finding interview before submitting your evidence. During that call, the examiner will tell you how to submit your documentation. They typically give you a specific fax number or email address that goes directly to your claim examiner. And yes, absolutely continue requesting payment every two weeks while waiting for a determination. This is essential even if your claim is in pending status. If you're ultimately approved, you'll only receive benefits for weeks you properly requested payment.

During your fact-finding interview: DO: - Stick to factual statements - Reference specific dates and events - Clearly state you never received a second write-up - Explain your harassment reports chronologically - Ask for the employer to provide proof of the second write-up - Stay calm and professional DON'T: - Use emotional language or appear angry - Make general accusations without evidence - Interrupt the examiner or employer - Bring up unrelated workplace issues - Speculate about employer motives without evidence Remember that everything is being recorded, and the examiner is looking for clear, factual information to make their determination. Your documentation will speak for itself if organized properly.