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TWC says I 'walked off the job' but I was fired - help with employer dispute?

I just got the worst news from TWC. My former employer is claiming I 'walked off the job' which is a total lie! I was called into the office last Thursday and told they were letting me go due to 'restructuring' - that's exactly what my manager said. Today I get the notification from TWC that my employer is disputing my claim saying I abandoned my position! I did NOT walk off any job. I've worked at this restaurant for 2 years with perfect attendance. Has anyone dealt with this kind of employer lie before? What happens now if TWC denies my claim? It's literally her word against mine and I don't have any written proof of being fired. I'm so angry and worried about paying bills next month. Do I need a lawyer? Will there be a hearing?

Seraphina Delan

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Yes, this happens ALL THE TIME. Employers try to avoid UI tax increases by claiming you quit or were fired for misconduct. You need to immediately appeal if your claim gets denied and request a hearing. During the appeal/hearing, you'll have a chance to tell your side. Bring any evidence you have - texts from coworkers, final paystubs, performance reviews, anything that shows you were a good employee. This is actually why they tell people to get termination in writing, but most people don't know to do that.

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Niko Ramsey

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Thanks for the reply. I had no idea I should've asked for something in writing. This is my first time ever being let go. How long does the appeal process usually take? And will they notify me by mail or on my TWC account?

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Jabari-Jo

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exact same thing happened to me!! boss told me they were eliminating my position then told TWC i quit without notice! total bs!!!

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Niko Ramsey

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What happened with your case? Did you win the appeal?

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Kristin Frank

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omg i know how u feel. my old boss was such a liar too. he told me they were downsizing but then hired my replacement the next week & tried to say I was always late but I WASNT!!!

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Micah Trail

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This is why everyone should document EVERYTHING at work. Keep emails, save texts, screenshot conversations. Texas is an at-will state so they can fire you for almost any reason, but they can't lie to avoid UI claims. If you get a determination letter denying benefits, you MUST appeal within 14 days or you lose your right to fight it.

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Nia Watson

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You'll likely get a "Notice of Determination" letter soon if you haven't already. When you do, you have exactly 14 calendar days to file an appeal. Don't miss this deadline! When you appeal, TWC will schedule a telephone hearing with an administrative law judge, you, and your former employer. During this hearing: 1. Both sides present their case 2. You can have witnesses who know about your separation 3. The judge will make a decision based on evidence To prepare, write down exactly what happened with dates, times, who was present, and what was said. If any coworkers saw you get fired, ask if they'd be willing to be witnesses. Check your personnel file if possible - did you have good performance reviews? Perfect attendance like you mentioned? The burden of proof is on the employer to prove misconduct or that you voluntarily quit, so if they can't prove you walked off, you should win your appeal.

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Niko Ramsey

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Thank you so much for this detailed explanation. I do have coworkers who saw me get called into the office that day, and I have perfect attendance records. I also have texts from a coworker who messaged me after saying she was sorry I got let go. Would that help as evidence?

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I had something similar when I filed my claim. My employer lied and said I was fired for stealing but I wasn't! TWC denied me but I appealed and WON. Just make sure you respond to EVERYTHING on time. If you miss a deadline your screwed.

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Niko Ramsey

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That's good to hear you won your appeal! How long did the whole process take from denial to getting benefits?

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If you're having trouble getting through to TWC to discuss your claim (which you absolutely should do ASAP), I'd recommend using Claimyr. It got me through to a TWC agent in about 20 minutes after I spent days getting busy signals. You can see how it works in their video demo: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh and find it at claimyr.com. Totally worth it for situations like this where you need to talk to an actual person about your employer dispute.

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Kristin Frank

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does that rly work??? i call twc like 50 times a day and never get thru

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Micah Trail

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You need to be prepared for the phone hearing. The TWC judge will ask VERY specific questions about what happened. Your employer will likely have HR or a manager who is trained in these hearings. Some tips: 1. Never interrupt anyone, even if they're lying 2. Take detailed notes during the hearing 3. Have your own timeline of events ready 4. Be 100% honest - even small lies can ruin your case 5. Speak clearly and professionally 6. Have evidence ready to reference Also, if your claim is denied, you can still work while appealing. If you win your appeal, they'll pay you retroactively for eligible weeks. Good luck!

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Jabari-Jo

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so true about not interrupting!! i got so mad listening to my boss lie that i kept trying to correct her and the judge warned me twice about interrupting. almost lost my case bc of it!

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Niko Ramsey

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UPDATE: Just got my determination letter and they DENIED my claim! It says I "voluntarily left employment without good cause attributable to the employer" which is a complete lie! I'm filing the appeal today. Has anyone here gone through the actual hearing process? I'm terrified of speaking to a judge, even on the phone.

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Nia Watson

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Great that you're filing right away! The hearing is formal but not like a courtroom. The judge will explain the process at the start. Make sure you have a quiet place with good phone reception. Have all your notes and evidence in front of you. Remember that the judge's only goal is to determine facts, not to intimidate you. Just tell the truth about what happened during your termination meeting.

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Seraphina Delan

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Just an FYI, getting a denial is actually normal in these disputed cases. The initial TWC reviewer often just goes with whatever the employer says, but the appeal hearing is where you really get a fair shot. About 30% of people who appeal end up winning. Just make sure you clearly explain that you were told you were being let go due to restructuring and never walked off the job.

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Niko Ramsey

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That makes me feel a bit better. I'm definitely going to appeal and fight this. It's just so frustrating that they can just lie like that with no consequences.

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