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!!!