TWC says I quit but I was laid off - employer dispute holding up benefits for 4 weeks

This happened to me last year! My employer claimed I quit but I was actually laid off during a restructuring. Here's what I did that worked: 1. Gather ALL documentation - the email about returning equipment is gold, save that! Also any layoff paperwork, text messages, anything that proves you were laid off. 2. TWC will schedule a fact-finding phone interview where both you and your employer explain your sides. Be prepared with dates, names, and clear timeline of events. Speak calmly and stick to facts. 3. Send any documentation to TWC before this interview - you can upload it to your online account under the "Determination and Appeal" section. In my case, it took about 5-6 weeks from filing to getting a determination letter, and TWC sided with me because I had documentation. Make sure you continue requesting payment every two weeks even while this is pending!

Wow they always try to get out of paying!!!! I got laid off in 2021 and my boss told TWC I was fired for misconduct!!! Like wtf??? My determination took 7 weeks and then they sided with employer at first! Had to appeal and finally won but took 3 months total. The system is RIGGED against us workers!!!!

keep requesting paymtns every 2 weeks even tho ur not getting paid yet!!!!! i didnt know this and missed out on 2 weeks when my claim was finally approved. also make sure ur doing ur work searches (3 per week) and keeping records of them

I went through this exact situation in September! My employer tried to claim I voluntarily quit when they actually eliminated my position. The key thing that helped me was calling TWC directly to explain the situation and ask about escalating the fact-finding process. The problem is that it's nearly impossible to get through to TWC on the phone these days. I spent 2 weeks getting busy signals before I found a service called Claimyr that got me through to a TWC agent in about 25 minutes. They basically keep calling for you until they get through. It costs money but was 100% worth it for me since I needed to sort out my claim. You can see how it works at claimyr.com or check their demo video: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Once I actually talked to someone, they scheduled my fact-finding interview for the following week, and I was approved 4 days after that interview. Good luck!

I'm a career advisor who helps clients with unemployment issues frequently. Here's what you need to know about your situation: 1. Employer disputes over separation reason (quit vs. layoff) are very common and TWC has standard procedures for handling them. 2. The fact-finding interview is crucial. You'll receive notice of this appointment in your correspondence inbox on the TWC portal AND via mail. Check both regularly. 3. In Texas, the burden of proof in quit cases falls on the employer, not you. If they claim you quit, they must prove it. 4. Your documentation showing layoff (manager's name, equipment return email) will be very strong evidence in your favor. 5. The average timeline for disputed claims is 4-6 weeks for the fact-finding interview and 1-2 weeks after that for a determination letter. 6. If you receive an unfavorable determination, you have 14 calendar days to appeal (not business days). 7. Continue requesting payments every two weeks and completing your 3 required work search activities weekly. Based on what you've described, you have a strong case. Just be patient with the process and make sure you're available for that fact-finding call when it's scheduled.

My cousin went through something similar and the crazy thing is her boss didn't even dispute it at first but then came back like 3 weeks later to say she quit! Totally weird. Anyway she had to like wait for a phone call from TWC and explain everything. They asked her a bunch of questions about why she left. I think she waited like 5 or 6 weeks total before getting approved.

Update: Thanks everyone for the advice! I checked my correspondence inbox and found a notice for a fact-finding interview scheduled for next Tuesday. I've uploaded the email about returning equipment and a screenshot of my call history showing when my manager called me about the layoff. Fingers crossed this goes smoothly. I'll let you all know what happens!

Final update: I had my fact-finding interview yesterday and it went well! The TWC representative was very thorough but fair. My documentation showing I was laid off (especially that equipment return email) seemed to really help my case. The rep said I should receive a determination letter within 7-10 days. For anyone else going through this - definitely upload your documentation before the interview and be prepared with exact dates. And thanks again to everyone who advised me to keep requesting payments during this waiting period. I'm really hoping to see some back payments soon assuming they rule in my favor!