TWC hit me with $5,200 overpayment after my boss falsely claimed I quit - appeal advice?

Yes, appeal this RIGHT AWAY! Don't wait the full 14 days. I went through almost the exact situation last year when my retail manager claimed I abandoned my job when I was actually told not to come back after questioning a schedule change. The good news: I won my appeal and didn't have to pay back anything. The bad news: it took almost 3 months to get my hearing. Here's what helped me win: 1) I had text messages showing my manager telling me not to come in 2) I brought a coworker as a witness who confirmed our boss regularly threatened people's jobs 3) I had documented every interaction including dates and times During the appeal process, you don't have to make payments on the overpayment until after the hearing decision. If you lose, THEN you have to start paying or appeal to the next level. Gather any evidence you have - emails, texts, the layoff paperwork showing it was a reduction in force, and names of witnesses who can confirm you were laid off.

Don't get your hopes up too high. I went thru something similar and LOST my appeal. My boss twisted everything I said during the hearing and the TWC judge believed them over me. Now I'm stuck paying back $3,700 in $100 monthly payments for the next 3+ years. The worst part is TWC wouldn't even consider texts between me and coworkers as evidence because my boss claimed they were 'fabricated after the fact.' The system is totally rigged in favor of employers.

I successfully appealed an employer's false claim that I quit. Here's what you need to know about the process: 1. The burden of proof is on the employer to show you voluntarily quit without good cause. If they say you quit, they must prove it. 2. That reduction in workforce paperwork is GOLD - make multiple copies and submit it with your appeal. 3. You can request a repayment plan or waiver while waiting for your appeal hearing, especially if repayment would cause financial hardship. 4. During the telephone hearing (most are by phone now), the hearing officer will swear everyone in and take testimony from both sides. Be prepared with specific dates and facts. 5. Gather statements from coworkers who were laid off at the same time - TWC does consider this evidence. 6. Be very clear and concise during the hearing. Focus on the facts: "I did not quit. I was laid off with X number of other employees on [date] due to a reduction in workforce, as shown in the documentation I've submitted." I won my appeal because I had documentation contradicting my employer's story and spoke clearly during the hearing. Don't let them intimidate you.

I'VE BEEN THRU THIS NIGHTMARE!!!! My manager LIED and said I no-called no-showed for 3 days when I was actually in the HOSPITAL!! TWC sided with them initially and hit me with a $4,200 overpayment. I filed the appeal and waited FIFTEEN WEEKS for a hearing!!!! During that time I couldn't get any more benefits and nearly got evicted. The system is COMPLETELY BROKEN! Texas employers can say WHATEVER THEY WANT with no consequences!!!

Try reaching TWC directly about your situation before your appeal. I was in a similar situation last year with an employer who claimed I was fired for misconduct when I was actually laid off. I tried calling TWC for weeks and kept getting busy signals or disconnected. Finally used this service called Claimyr (claimyr.com) that got me connected to a TWC rep in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh When I finally talked to someone, they explained exactly what evidence I needed and even put notes in my file about the dispute. The rep told me having contemporaneous documentation (stuff created at the time of layoff, not after) is super important. Definitely helped me prepare better for my appeal hearing.

One more thing that's really important: During your appeal hearing, stick to FACTS only, not emotions. When I won my appeal, the hearing officer specifically mentioned that my testimony was more credible because I gave specific dates and events without embellishment, while my former employer made vague claims they couldn't back up with documentation. Also, when the hearing starts, they'll ask if you received the appeal packet. This packet includes all evidence that will be considered, so MAKE SURE you've submitted your layoff paperwork before the hearing date. If you haven't received the packet a few days before your hearing, call the appeals department immediately.

my neighbor got hit with an overpayment and just ignored it lol. eventually they started taking money from his tax refunds but he says it was worth it because he needed the money at the time. probably not the best advice but just saying theres options lol

I work in HR (not for your company) and can tell you that in Texas, the burden of proof for a voluntary quit falls on the employer. If you have that paperwork showing it was a reduction in workforce, you have an excellent chance of winning your appeal. Make sure you upload/submit that documentation with your appeal letter. Your appeal letter should be factual and brief - simply state "I did not quit my position. I was laid off as part of a reduction in workforce on [date] as proven by the attached company documentation." Let the evidence speak for itself.

Focus on proving you were laid off. You don't need to call them liars or even address their claim directly. Simply present the facts of what actually happened, backed by your documentation. The hearing officer will see the contradiction without you having to point it out directly. This approach makes you appear more professional and credible.

Has anyone here gone through the overpayment waiver process? Even if you win the appeal, it might be worth applying for a waiver just in case. My cousin got approved for a partial waiver because of financial hardship, and it reduced what he had to pay back by almost half.

@OP - Make sure you're still doing your work search activities and requesting payments during this whole process if you're still unemployed! I made the mistake of stopping my payment requests while my appeal was pending, thinking I wasn't eligible anymore. My appeal took 11 weeks, and when I won, I couldn't get backpay for the weeks I hadn't requested payment, even though I would have been eligible.

u need 2 appeal right away!!! this happnd 2 me and i almost didnt appeal cuz i was so upset but my friend made me do it. took forever (like 2.5 months) but i won bcuz the company didnt even show up 2 the hearing lol. sometimes they dont bother if they know theyre lying