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!

That's awesome news about your interview going well! I'm dealing with a similar situation right now where my employer is claiming I abandoned my job when I was actually terminated. Reading through your experience has been really helpful - especially the tip about uploading documentation beforehand. I've been waiting 3 weeks for my fact-finding interview to be scheduled. Did you get any sense of how backlogged they are right now? I'm getting anxious about how long this whole process might take.

I just went through something very similar and wanted to share what helped me. My employer also falsely claimed I quit when I was actually laid off due to budget cuts. The whole process took about 6 weeks total, but I was eventually approved with full back pay. A few things that really made a difference in my case: - I wrote down everything I could remember about the day I was laid off (exact time of call, who called me, what they said word-for-word) - I requested a copy of my personnel file from HR before the fact-finding interview - sometimes there's documentation in there that supports your case - During the interview, I stayed very factual and didn't get emotional even though I was frustrated The TWC representative told me that cases with clear documentation like yours (the equipment return email is perfect evidence) usually get resolved in the employee's favor. It sounds like you're doing everything right by uploading your evidence and staying on top of the payment requests. Best of luck with your determination letter - I have a good feeling about your case!

I'm going through something very similar right now and this thread has been incredibly helpful! My employer is claiming I resigned when I was actually part of a company-wide layoff in January. I've been stuck in the dispute process for about 5 weeks now. One thing I wanted to add that might help others - I found out that you can also submit witness statements if you have coworkers who can verify that layoffs occurred. I had a former colleague write a brief statement confirming that our entire department was eliminated, and I uploaded it along with my other documentation. Also, for anyone waiting for their fact-finding interview, I noticed that TWC posts updates to their processing times on their website under "Claim Status Updates." It's not super detailed but gives you a general idea of how backed up they are in your region. Really hoping to hear a positive update on your determination letter soon! The waiting is the worst part of this whole process.

I've been following this thread closely as I'm potentially facing a similar situation. My company just announced layoffs for next month and I'm worried my employer might try to claim I quit to avoid paying unemployment benefits. Based on all the great advice shared here, I'm already starting to document everything - saving emails about the layoff announcement, keeping records of any calls or meetings, and making sure I have contact info for witnesses. The tip about requesting your personnel file before filing is brilliant too. One question for those who've been through this - is it worth reaching out to a TWC office in person if you're having trouble getting through on the phone, or do they not handle these types of disputes at the local level? I know everyone's mentioned how hard it is to get through by phone, but I'm wondering if there are other ways to get help if needed. Thanks to everyone who's shared their experiences here. This community has been incredibly helpful for understanding the process!