Won TWC appeal after employer contested my already-approved benefits - seeking similar stories

Yes, I won an appeal in a similar situation last year. My employer tried to claim I was fired for excessive absences, but I was able to prove I had approved FMLA leave for those dates. Most important advice: PREPARE THOROUGHLY. Have all your documentation ready - emails about the lay off, performance reviews, anything that supports your version. Write down a timeline of events. Practice explaining your side concisely. During the hearing, stay calm and only answer what's asked - don't ramble or get emotional. The hearing officer just wants facts. If you win, you keep your benefits. If you lose, yes, you'll probably have to pay back what you received, though you can usually set up a payment plan. But focus on winning! With documentation about those territory changes and performance targets, you have a strong case.

omg this EXACT same thing happened to me!!! my boss said layoff then changed his story to misconduct on the appeal!! so stressful im still waiting on my hearing date tho

This happens a lot more than you'd think. Companies initially don't protest the claim, then their unemployment insurance rates increase and suddenly they find "reasons" you shouldn't get benefits. Here's what helps: 1. Any written documentation about your termination being due to territory changes/performance after those changes 2. Text messages ARE admissible - screenshot everything 3. Names of witnesses who can verify your account 4. A written timeline of events to reference during the hearing 5. Your previous performance reviews if they were positive Be aware the hearing officer will ask specific questions - answer only what they ask, don't volunteer extra information. If you don't know something, say "I don't recall" rather than guessing. If you lose, you'll get an overpayment determination, but you can appeal that too or request a waiver if repayment would cause financial hardship.

Went through this last summer. My manager even ADMITTED during the hearing that they changed their story after they saw their unemployment insurance rates going up!!! The hearing officer wasn't impressed. I won because I had documentation showing I was meeting expectations before a policy change. One weird thing: I expected a formal courtroom type thing but it was just a conference call with me, employer, and the hearing officer asking questions. Much less intimidating than I thought. FYI if you lose and get an overpayment notice, you can apply for a waiver so you don't have to pay it all back at once. I've heard they're pretty reasonable if you show financial hardship.

For the hearing, you need to submit evidence beforehand - usually 24-48 hours prior. There should be instructions on your hearing notice about how to submit documents. And yes, former coworkers who can verify the territory changes would be excellent witnesses, especially if they've seen how it affected your performance metrics.

I represented myself! No lawyer needed. Just organized my thoughts and evidence. Remember the hearing officer does these all day long - they're looking for clear facts, not emotional appeals. Stay professional even if your employer says things that aren't true.

Anybody else having trouble getting through to TWC to ask questions before their hearing??? I've been calling for THREE DAYS and can't get a human!!! So frustating when something this important is happening!!!

i lost my appeal ands now i owe $4300 back to twc 😭 my employer had emails i never saw before about warnings they said they gave me. check if your company has anything like that they might surprise you with!!!!

Another important tip for your hearing: You'll receive a packet with all evidence your employer submits. Review it carefully so you're not surprised. If they submit something at the last minute that you haven't seen, you can request additional time to review it. Also, don't be afraid to object if your employer makes claims without evidence or brings up issues not related to your separation. The hearing officer will only consider relevant, supported facts. Make sure you understand the exact issue in dispute. Since you were initially approved for lack of work/reduction in hours, and now they're claiming misconduct, the burden of proof is on THEM to show misconduct occurred. That works in your favor.

yeah im on a payment plan now $120/month for like forever 😫 they do take your income into account when setting it up at least

Update: Just had my hearing and I WON!!! The hearing officer agreed that missing sales targets after a territory change doesn't constitute misconduct. My former employer tried to bring up some attendance issues but had zero documentation, while I had screenshots of approved time off requests. Thank you all SO MUCH for the advice about preparation - it made all the difference. I organized all my evidence, practiced what I wanted to say, and stayed calm even when they made false claims. The hearing officer seemed to pick up pretty quick that they were changing their story from the original separation reason. Such a relief to not have to pay back over $3,800 in benefits I've already used to survive!

congrats!!!! gives me hope for my hearing next week!!!

Congratulations Eva! Your win gives me so much hope. I'm dealing with a similar situation where my employer initially said "layoff due to restructuring" but now claims I was terminated for "failure to meet expectations." It's so frustrating when they change their story after you've already been approved and receiving benefits. Your advice about staying organized and calm during the hearing is exactly what I needed to hear. I've been collecting emails and documentation about the restructuring they announced, plus my previous positive performance reviews. Did the hearing officer ask you specific questions about the timeline, or did they mostly let you and your employer present your sides? I'm scheduled for my hearing in two weeks and honestly terrified about potentially owing back $4,200 in benefits. But reading about your success makes me feel like I can actually win this if I prepare properly. Thank you for sharing your update - it really means a lot to those of us going through this stressful process!

I'm going through something very similar right now! My employer initially said "position eliminated due to budget cuts" when I was laid off in January, but now they're claiming I was fired for "poor performance" in their appeal. It's so stressful because like you, I've already been receiving benefits for about 6 weeks and have used that money for essential expenses. Reading all these success stories gives me hope though! I've been gathering evidence - emails about the budget cuts, my last performance review which was "meets expectations," and messages from my supervisor about the department downsizing. My hearing is in 10 days and I'm trying not to panic about potentially owing back $2,800. Has anyone else noticed their former employer waiting months to file an appeal? It really feels like they're hoping we won't be prepared to defend ourselves after all this time. But seeing Eva's win and hearing about others who successfully fought these cases makes me feel like I can do this too. Thank you all for sharing your experiences - this community has been a lifeline during such a stressful situation!

I went through this exact situation about 6 months ago and it was incredibly stressful! My employer initially said "reduction in force" when they laid me off, then suddenly filed an appeal claiming "insubordination" after I'd been getting benefits for almost 3 months. Just like you, I had already spent that money on rent and groceries. The good news is I won my appeal! What really helped was having everything documented - I had the original layoff notice in writing, plus email chains showing other people were laid off at the same time. The hearing officer seemed really unimpressed that my employer was changing their story months later. A few practical tips that made a difference: - Submit all your evidence 48 hours before the hearing (there should be instructions in your packet) - Write out a brief timeline of events to keep yourself on track during questioning - If your employer brings up anything during the hearing that wasn't in their original evidence packet, you can ask for time to respond The hearing itself was much less scary than I anticipated - just a conference call where the hearing officer asked specific questions. Stay factual, don't get emotional even if they say things that aren't true. You've got documentation about the territory changes affecting your performance - that's a strong defense against a misconduct claim. Hang in there, you can absolutely win this!