What are realistic chances of winning a TWC appeal? Just got disqualified
Just received a Determination Letter from TWC saying I'm disqualified from benefits because my employer claims I was fired for misconduct (totally NOT true). They claim I was consistently late, but I have evidence that my schedule was changed without proper notice multiple times. I've already filed an appeal online, but I'm freaking out about my chances. Has anyone successfully appealed something like this? What documentation did you bring to your hearing? The letter says I have a telephone hearing in 3 weeks but I've never done anything like this before. I worked at this restaurant for 2 years with no write-ups until a new manager took over and started targeting me.
19 comments
ShadowHunter
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.
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Chloe Taylor
•Thank you! Did you have any documentation from your old job or was it mostly your word against theirs? I'm worried because I don't have much in writing, just some text messages with coworkers about the schedule changes.
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Diego Ramirez
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
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Chloe Taylor
•Omg I didn't even think about that. I'll make sure I'm ready when they call. How long did your hearing last?
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Anastasia Sokolov
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.
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Chloe Taylor
•This is incredibly helpful. I didn't know I could request their evidence beforehand! I'll definitely do that. The hearing notice says I can fax or email documents before the hearing. I'm going to gather everything I can about the schedule changes.
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Sean O'Connor
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.
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Zara Ahmed
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!!
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ShadowHunter
•I'm sorry you had that experience, but it's really not helpful to tell someone they're definitely going to lose. Many people DO win their appeals when they have evidence and prepare properly. I won mine with documentation that contradicted my employer's claim. The hearing officers have to make decisions based on evidence, not just who they believe.
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Luca Conti
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.
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Chloe Taylor
•This is EXACTLY my situation! Did you have your coworker's statement notarized or anything? And did you send all the evidence before the hearing or bring it with you? Since mine is a phone hearing I'm not sure how that works.
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Nia Johnson
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.
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Diego Ramirez
•i used that too! way better than waiting on hold all day
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Anastasia Sokolov
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.
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Chloe Taylor
•Thank you SO much. I'm going to start collecting all this today. I do have some performance reviews that were positive from before the new manager started. I'll definitely submit everything 2-3 days before just to be safe.
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CyberNinja
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
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Chloe Taylor
•Oh wow I didn't know that! I would have totally missed doing that. Thank you!
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ShadowHunter
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!
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Chloe Taylor
•Thank you! I'm feeling much more prepared now. Will update after my hearing to let everyone know how it went.
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