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Hey Cassandra! I'm pretty new to this whole unemployment appeal process, but I wanted to chime in because your situation sounds really frustrating. I'm dealing with something similar - got let go for "performance issues" that were never documented or discussed with me before my termination. Reading through all these responses, it sounds like you've got a really solid case with the evidence of your manager doing the same thing. That selective enforcement angle seems huge! I haven't had my hearing yet (still waiting to be scheduled), but I'm curious - how long did it take from when you filed your appeal to actually getting the hearing date? And did you have a lawyer or represent yourself? Also, thanks to everyone else for all the info about the ID.me stuff. I had no idea that was a thing I'd need to worry about. Definitely bookmarking that Claimyr service too - sounds like getting through to TWC is a nightmare for everyone. Hope you get good news soon! Keep us posted on how it turns out.
Hey Miguel! Thanks for the encouragement. From filing my appeal to getting the hearing scheduled took about 3.5 weeks - not too bad considering how backed up everything seems to be. I represented myself since I couldn't afford a lawyer, but honestly the process wasn't as intimidating as I thought it would be. The hearing officer was pretty fair and asked good questions. For your case, make sure you document everything about those "performance issues" they claim - like the fact that they were never discussed or documented before your termination. That's huge for showing it wasn't actually about performance but probably just an excuse to let you go. Good luck with your hearing when it comes up! And yeah, definitely get familiar with the ID.me process now so you're ready if/when they ask for it.
I went through a similar situation about 6 months ago - got terminated for allegedly violating a "policy" that was never properly explained during onboarding. Like you, I had evidence that management was inconsistent with enforcement. The ID.me request after your hearing could actually be a positive indicator! In my case, I got the identity verification request about 10 days after my hearing, and my appeal was approved 4 days later. It seems like they don't bother with ID verification unless they're planning to process payments. One thing I wish someone had told me - even if your appeal is approved, there might be a brief delay while they calculate your back pay. In my case, it took an additional week after approval to see the actual payments hit my account. Just wanted to give you a heads up so you don't panic if there's a short gap between approval and payment. Your evidence about your manager doing the same thing sounds really strong. Selective enforcement is one of the key factors that can overturn a misconduct determination. Hang in there - it sounds like you presented a solid case!
That's really reassuring to hear from someone who went through something so similar! The fact that you got ID verification 10 days after your hearing and then approval 4 days later gives me a lot of hope. It's been 8 days since my hearing, so the timing seems to line up. Thanks for the heads up about the potential delay between approval and actual payments - I'll try not to stress if there's a gap there. At this point I'm just crossing my fingers that the hearing officer saw through my employer's BS excuse for firing me. Did you have to do anything special during the back pay calculation period, or did it all happen automatically once your appeal was approved?
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Just wanted to add that you should also keep copies of all your work search documentation outside of the TWC system! I saved screenshots and PDFs of everything because there were a few times when the WorkInTexas system was down for maintenance and I couldn't access my search history. Also, if you're doing any networking or attending job fairs, make sure to get business cards or contact info from people you talk to - TWC considers networking a valid work search activity but you need proof that it actually happened. The more documentation you have, the better protected you are if they ever audit your claim. Good luck with your determination!
That's excellent advice about keeping copies outside the TWC system! I learned that lesson the hard way when their portal went down for a whole day right when I needed to access my work search records. I also keep a simple Google Doc with dates, company names, contact info, and what type of search activity I did (application, networking, etc.) - makes it super easy to reference if needed. The networking tip is great too - I didn't realize you could count job fair conversations as work search activities as long as you document them properly!
I went through this exact same process a few months ago! My employer deadline was on a Friday and I was checking my TWC portal obsessively all weekend. What I learned is that even if your employer doesn't respond, TWC still needs time to review your entire case - they don't just rubber stamp approvals. In my case, it took about 10 business days after the employer deadline for them to make their determination (I got approved). The key things that helped me: 1) I had been doing my 3 weekly work searches from day one, 2) I kept requesting payments every two weeks even while pending, and 3) I responded immediately to any correspondence in my TWC inbox. Also, don't panic if you don't hear anything for a week or two after today - that's totally normal. The waiting sucks but stay consistent with your requirements and you should be fine if you were legitimately let go. You've got this!
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You've gotten excellent advice here! I went through a similar situation about 6 months ago and won my appeal. One additional tip: when you submit your appeal documents, include a simple timeline showing the progression from "restructuring/layoffs" to suddenly claiming "misconduct" for unemployment purposes. This contradiction often becomes obvious to hearing officers when laid out chronologically. Also, if your company has done other layoffs recently, try to find out if they claimed misconduct for those folks too - it shows a pattern of abuse. The fact that you were laid off with multiple colleagues in a group meeting is actually strong evidence that this was economic, not misconduct-related. Keep us posted on how it goes!
That timeline idea is brilliant! I hadn't thought about documenting the contradiction between what they told us in person versus what they reported to TWC. I'm definitely going to create that chronological breakdown. Do you remember roughly how long the whole appeal process took from filing to getting your decision? I'm trying to plan financially while this gets sorted out.
This whole thread has been incredibly helpful for someone in my exact situation! I was also denied for "misconduct" when I was clearly laid off due to budget cuts. After reading everyone's advice, I'm curious - has anyone had success getting their benefits backdated to the original claim date after winning an appeal? I'm worried about the financial gap between now and when this gets resolved. Also, @CosmicCrusader, make sure to document everything your employer told you about the restructuring in writing while it's still fresh in your memory. Even small details about what was said in that group meeting could be important evidence!
Yes, if you win your appeal, TWC will typically backdate your benefits to your original claim date! You'll receive all the weeks you were eligible for in a lump sum, which really helps with the financial strain. The key is to keep requesting payment for each week even while your appeal is pending - don't let those weeks lapse or you might lose them. @CosmicCrusader definitely document everything now while it's fresh! I'd suggest writing down exactly what was said in that group meeting, who was present, and any emails or documents you received about the restructuring. Even seemingly minor details like whether they mentioned budget cuts, downsizing, or "difficult business decisions" can be powerful evidence that this wasn't misconduct.
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Seraphina Delan
UPDATE: Just wanted to let everyone know my payment did get delayed exactly one day - hit my account Thursday night instead of Wednesday. I was able to move my autopayments thankfully. Thanks for all the help!
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Marcus Marsh
•Glad it worked out! Now you know for future holiday weeks.
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Chloe Martin
Thanks for posting this update! This is really helpful for others who might face the same situation during holiday weeks. It's good to know the delay was predictable - exactly one business day as several people mentioned. I'm saving this thread for reference since I'm sure this will come up again with upcoming holidays like Labor Day and Thanksgiving.
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Jayden Hill
•Same here! I'm bookmarking this thread. Really appreciate how everyone shared their experiences with holiday delays. It's so stressful when you're depending on that payment and don't know what to expect. The one-day delay rule seems pretty consistent across different holidays based on what people said here.
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