What are realistic chances of winning a TWC appeal? Just got disqualified

I won my TWC appeal last year! Your chances depend entirely on the evidence you can provide. First, gather ANY documentation showing the schedule changes were made without proper notice - text messages, emails, screenshots of scheduling app, anything. Also collect any performance reviews or evidence that you weren't disciplined before the new manager. For the telephone hearing, prepare a clear timeline of events and practice explaining your side calmly and factually. The TWC hearing officer will give both sides equal time to present their case.

i won mine too but it was really stressfull. make sure u answer the phone when they call!! my friend missed her call and automatically lost her appeal

Your chances are actually quite good if you have evidence and prepare properly. TWC laws generally favor employees in cases where the employer claims misconduct but can't prove it. Misconduct has a specific legal definition with TWC - it's not just about being late, but about willful disregard of employer interests. Pro tip: Submit all your evidence to the hearing officer BEFORE the hearing (there should be instructions in your hearing notice). Make a clear, chronological list of events. During the hearing, stick to facts and don't get emotional even if your former employer makes false claims. Also, request your employer's evidence before the hearing - you have the right to see what they're submitting. Statistically, about 30-40% of employee appeals are successful with proper preparation.

My sister went through this whole thing last year after getting fired from retail. Her boss said she was stealing but she totally wasn't! She won her appeal but said the most important thing was staying calm during the hearing. The judge person interrupted her a lot but she just kept answering directly without getting upset.

I LOST my appeal and it was COMPLETE BS!!! The hearing officer just believed whatever my ex-employer said even though they were LYING THROUGH THEIR TEETH. The whole system is rigged against workers and the so-called "fair hearing" is a JOKE. Just prepare to be disappointed. Texas is an employer state and they don't care about workers AT ALL!!

I had the same situation with a last-minute schedule change that my employer tried to use against me. Here's what helped me win my appeal: 1. I printed out ALL text messages with my manager about schedules 2. I brought in the employee handbook showing proper notification procedures 3. I had a coworker write a statement confirming the schedule changes were not properly communicated 4. I created a calendar showing all the days I was on time vs. the few days I was late due to improper notice The hearing lasted about 45 minutes. Stay calm, don't interrupt, and always address the hearing officer respectfully as "ma'am" or "sir". Wait for them to finish questions before responding. It's actually a pretty fair process despite what some people say.

If you're having trouble getting through to TWC to ask questions before your hearing, I'd recommend using Claimyr. I was freaking out before my appeal hearing and couldn't get answers about the process. The regular TWC line kept disconnecting me after 2+ hours on hold. Claimyr got me through to an actual TWC agent in about 20 minutes who explained everything. Check out their demo at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh or go to claimyr.com. It was honestly worth it to get my questions answered before such an important hearing.

To answer your specific question about documentation: Since your hearing is by phone, you MUST submit all documents at least 24 hours before the hearing. This includes: 1. Text messages about schedule changes (screenshot them clearly showing dates/times) 2. Any performance reviews showing good work history 3. Witness statements from coworkers who can confirm your account 4. A written timeline of events 5. Any emails or communication about scheduling issues If you have photos of the schedule showing changes, include those too. The hearing notice will have instructions for how to submit everything - usually by fax or email. Make sure to keep copies of your fax confirmation or email sent receipt as proof you submitted them on time.

dont forget u have to keep requesting payment every 2 weeks even while waiting for your appeal or youll miss out on back pay if u win

One last tip - during your hearing, have your documents organized and in front of you. When the hearing officer asks about specific dates or incidents, you want to be able to quickly reference your evidence. Also, take notes during your employer's testimony so you can address any false claims when it's your turn to speak again. The hearing officer will explain the process at the beginning, and you'll have a chance to make a closing statement at the end - use this to summarize your key points clearly. Good luck!

I'm going through a similar situation right now - got disqualified for "attendance issues" even though I was dealing with a family emergency and had documentation. Reading through everyone's advice here is really helpful! One thing I learned from my research is that the burden of proof is actually on your employer to show that your actions constituted "misconduct" under Texas law. Being late a few times doesn't automatically equal misconduct - they have to prove it was willful and substantial disregard for their interests. Also, if you worked there for 2 years with no issues until the new manager, that's actually really strong evidence in your favor. Make sure to emphasize your good work history and how the problems only started after management changed. That pattern suggests the issue was with management practices, not your performance. You've got this! The fact that you're gathering evidence and preparing shows you're taking it seriously. That alone puts you ahead of a lot of people who just wing it.

I successfully appealed a similar misconduct claim about 6 months ago! The key thing that helped me win was documenting EVERYTHING and staying organized. Here's what I wish someone had told me before my hearing: 1. Create a simple timeline document with dates, times, and what happened - this helps you stay focused during the hearing 2. If you have any witnesses (coworkers who saw the schedule changes), get their contact info ready in case the hearing officer wants to speak with them 3. Print out your employee handbook if you still have it - policies about scheduling and discipline procedures can be really helpful 4. Write down specific questions to ask your employer during the hearing, like "Can you show documentation of the proper notice given for schedule changes?" The hearing officer in my case was actually really fair and asked good follow-up questions. Don't let anyone scare you - if you have evidence and can show the employer didn't follow their own policies, you have a solid chance. The fact that you worked there 2 years with no issues until the new manager is huge in your favor. One more thing - practice explaining your side out loud beforehand so you don't get flustered during the actual hearing. You've got this!

I've been through TWC appeals twice and won both times. Here's something really important that I don't see mentioned yet: keep detailed records of WHEN you submit your evidence. TWC is very strict about deadlines, and if there's any question about whether you submitted on time, having that proof can save your case. Also, when you're on the phone hearing, make sure you're in a quiet place with good reception. I've seen people lose not because of their case, but because the hearing officer couldn't hear them clearly or they kept getting cut off. One strategy that really helped me was preparing a 2-3 sentence summary of my main argument that I could repeat if needed. Something like "I was terminated for alleged attendance issues, but the schedule changes were made without proper notice as required by company policy, and I have documentation showing this pattern only began after new management took over." The restaurant industry is notorious for schedule changes without notice, so hearing officers are familiar with these types of cases. Your 2-year clean record is going to be your strongest asset. Document everything, stay calm, and you've got a real shot at winning this!

I just went through this exact same situation last month and WON my appeal! Here's what made the difference for me: Get everything in writing NOW - even if it's just summarizing conversations in an email to yourself with dates and times. I created a simple spreadsheet with columns for Date, Scheduled Time, Actual Time, and Notes about any schedule changes or lack of proper notice. For your phone hearing, test your phone connection beforehand and have a backup phone ready. Write out your key points on index cards so you don't forget anything important when you're nervous. The hearing officer will ask you direct questions, so practice giving short, factual answers. Most importantly - your 2-year clean record before the new manager is GOLD. That shows a clear pattern that the problems started with management changes, not your performance. Make sure to emphasize that timeline repeatedly. One tip nobody mentioned: if your employer makes false claims during their testimony, write them down so you can address each one specifically when it's your turn to respond. Don't interrupt, but take notes and then systematically refute their claims with your evidence. You're doing all the right things by gathering evidence and preparing. Restaurant workers win these appeals all the time when they can show scheduling issues. Stay confident!

I just want to add that having a support person with you during the hearing can really help with nerves! They can't speak for you, but they can be there for moral support and to help you stay organized with your documents. Also, if you have any medical documentation related to the times you were late (like doctor appointments that conflicted with the sudden schedule changes), make sure to include that too. The hearing officers really do try to be fair, and they understand that employers sometimes change their story or exaggerate claims to avoid paying unemployment. Your evidence is going to speak louder than their accusations. I've seen so many people in similar situations win when they came prepared like you're doing. One more thing - if you win your appeal, make sure to ask about getting your back payments processed quickly. Sometimes there can be delays even after you win. You've clearly done your homework here and you're taking all the right steps. Best of luck with your hearing!

I went through a TWC appeal hearing about 8 months ago and won! Reading your situation brings back all the stress I felt, but you're already doing everything right by gathering evidence and asking questions. One thing that really helped me was creating a simple "fact sheet" with bullet points of my strongest evidence. During the hearing, when I got nervous or the employer was making false claims, I could just glance down at my key points to stay focused. Also, don't underestimate the power of your clean work record before the new manager. I had a similar situation where problems only started after a management change, and the hearing officer specifically asked about that timeline. It really strengthened my case when I could show 2+ years of good performance reviews versus suddenly having issues when leadership changed. For the phone hearing, I recommend using a landline if possible - the connection is usually more reliable than cell phones. And definitely submit your evidence 2-3 days early like others suggested. I submitted mine the day before and was stressed the whole time wondering if it went through properly. You've got solid evidence and you're preparing thoroughly. That puts you way ahead of people who just wing it. The hearing officers deal with restaurant scheduling issues all the time - they know how common last-minute changes are in that industry. Stay calm, stick to the facts, and you have a real shot at winning this!