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I'm new to this community but unfortunately very experienced with TWC appeal frustrations! I went through almost exactly what you're describing about 3 months ago - employer was a no-show at my appeal hearing, I thought it meant automatic victory, but still lost because of their pre-submitted documentation. The most important thing I learned is that TWC operates on what they call "preponderance of evidence" - meaning they consider ALL documentation submitted by both parties, regardless of who actually shows up to defend it. It's incredibly misleading how their initial paperwork makes it sound like a no-show automatically benefits the other party. But here's what should give you hope: based on your situation (termination for "performance issues" with zero documented warnings AND positive reviews from just 3 months prior), you have an exceptionally strong case for Commission Appeals. That's exactly the type of procedural failure that gets overturned at the next level. I won my Commission Appeal after about 6 weeks, and the key was emphasizing three main points: 1. Complete lack of progressive discipline documentation despite recent positive reviews 2. The employer's absence prevented cross-examination of their vague performance claims 3. The timeline contradiction - how does performance suddenly warrant termination with no warning period? Don't give up! File that Commission Appeal within 14 days if the decision goes against you. The reviewers at that level are much more thorough about examining whether employers actually followed proper termination procedures. Your case sounds very winnable!

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Thank you for explaining the "preponderance of evidence" concept - that really helps clarify why employer no-shows don't automatically mean we win! It's so frustrating that TWC's paperwork is misleading about this crucial point. Your three key emphasis points are exactly what I need to focus on in my Commission Appeal. The timeline contradiction you mentioned is particularly compelling - it really highlights how absurd it is for an employer to claim performance issues serious enough for immediate termination when they have recent positive reviews and zero documentation of problems or warnings. It's incredibly encouraging to hear you won after 6 weeks with a similar situation. The fact that multiple people in this thread have succeeded at the Commission Appeals level after losing the first round gives me so much hope that persistence really does pay off. I'm definitely going to file within that 14-day window and structure my appeal around those same procedural failures. This community has been invaluable - without all these shared experiences and practical advice, I would have thought the system was hopeless. Thank you for taking the time to share your knowledge and encourage someone going through the same struggle!

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I'm really sorry you're dealing with this frustrating situation! I went through something almost identical about 4 months ago - my employer also didn't show up to the appeal hearing, and like you, I was completely shocked when I still lost the first appeal despite their absence. What I learned from my experience is that TWC hearing officers consider all evidence submitted by both parties, regardless of who actually attends the hearing. So even though your employer was a no-show, any written documentation they provided beforehand still gets reviewed alongside your testimony. It's definitely not explained clearly in their paperwork! However, based on what you've shared about your situation, you actually have several very strong points for a Commission Appeal: - You were terminated for "performance issues" but never received any formal warnings or documentation - You had positive performance reviews just 3 months before your termination - There's no evidence they followed progressive discipline procedures - Their absence meant you couldn't cross-examine their claims or ask for specific examples I ended up winning my Commission Appeal after about 7 weeks. The reviewers at that level seem much more thorough about examining whether employers actually followed proper termination procedures. When there's such a clear contradiction between recent positive reviews and sudden "performance" termination with zero documentation, it really strengthens your case. Don't give up! Make sure to file that Commission Appeal within 14 days if this decision doesn't go your way. Your situation sounds very winnable at the next level based on the procedural failures you've described.

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Just want to add one more helpful detail that I learned from experience - when you're doing your biweekly payment request, make sure you have all your work search information ready BEFORE you start the request process. The system will time out if you take too long between pages, and there's nothing more frustrating than getting halfway through your request and having to start over! I keep a simple notebook where I write down my 3 work search activities for each week (company name, position applied for, date, method of contact) so I can just reference it quickly when filling out the form. Also, if you're using the mobile app, sometimes it's easier to do the actual payment request on a computer since the forms can be a bit cramped on phone screens. The app is great for checking your status and correspondence, but for the actual biweekly submission, I prefer the desktop version. Hope this helps make your first request go smoothly!

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This is excellent advice about having your work search info ready beforehand! I definitely don't want to deal with the system timing out in the middle of my request. I'm going to start keeping a notebook like you suggested - writing down company names, positions, dates, and contact methods for each week. That sounds way more organized than trying to remember everything off the top of my head when I'm submitting. And thanks for the tip about using desktop vs mobile - I'll make sure to do my actual payment requests on my computer rather than my phone to avoid any formatting issues. Really appreciate all these practical tips!

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I just want to emphasize something that might get overlooked in all the helpful details here - don't stress too much about getting everything perfect right away! I was so anxious about my first few payment requests, worried I'd mess something up and lose benefits. The truth is, TWC's system is pretty forgiving for honest mistakes, and their customer service (while sometimes hard to reach) will help you fix issues if they come up. Focus on the basics: request on your assigned day, report your work search activities honestly, and report any earnings accurately. Everything else you'll learn as you go. I've been on unemployment for 4 months now and those first couple requests felt overwhelming, but now it's just part of my routine. You've got this! The fact that you're asking these questions and preparing ahead of time shows you're already on the right track.

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This thread has been incredibly helpful! I'm in a similar situation and had no idea about the return-to-work requirement for getting the waiting week payment. I've been unemployed for 4 months and getting close to exhausting my benefits too. One question - does anyone know if part-time work counts toward that 3x weekly benefit requirement? My weekly benefit amount is $521, so I'd need to earn about $1,563. If I can only find part-time work initially, will that count as long as I eventually hit that earnings threshold? Or does it have to be full-time employment specifically? Also wondering if anyone has experience with how long it takes TWC to actually process and send the waiting week payment once you call them after meeting the work requirement. I'm trying to plan my finances accordingly since this whole process seems to take forever with TWC!

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Great questions! Part-time work absolutely counts toward the 3x requirement - it doesn't have to be full-time employment. As long as you eventually earn that $1,563 threshold (whether through one job or multiple part-time gigs), you'll qualify for the waiting week payment. From my experience, once you call TWC after meeting the earnings requirement, it typically takes 2-3 weeks for them to process and issue the waiting week payment. Some people have reported it taking up to a month during busy periods, so definitely don't count on it for immediate expenses. One tip: when you do call TWC to request the release, have your exact start date of work and total earnings amount ready. They'll ask for specific details and having that info handy will speed up the process. The phone wait times are still brutal, so consider using that Claimyr service someone mentioned earlier if you need to get through faster!

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I just went through this process last month and wanted to share my experience to help clear up some confusion. The timing is crucial - you request your waiting week on your next scheduled filing date AFTER you've exhausted all regular benefits, just like everyone said. But here's what I learned the hard way: even after you meet the work requirement and call TWC, they might ask you to provide proof of employment or pay stubs. I got a part-time job and earned the required amount (3x my weekly benefit), but when I called to request the waiting week release, they wanted documentation showing my start date and earnings. Luckily I had kept my pay stubs, but it delayed my payment by another week while they reviewed everything. Also, if you're job hunting now, start keeping a detailed log of your applications and interviews. TWC sometimes asks about your work search efforts when processing the waiting week, especially if there's been a long gap between exhausting benefits and finding work. Better to be over-prepared than caught off guard like I was! The whole system is frustrating but that waiting week payment is definitely worth the hassle. Just make sure you dot all your i's and cross all your t's when dealing with TWC.

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This is such valuable advice about keeping documentation! I never would have thought they'd ask for pay stubs and employment verification for the waiting week payment. It makes sense though - they probably want to make sure people actually met that 3x earnings requirement and didn't just claim they did. I'm definitely going to start a folder now with all my job search records and any future employment docs. Thanks for sharing what the actual process was like - it's so helpful to hear from someone who just went through it recently rather than trying to decipher the vague TWC website info!

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Thanks for the detailed breakdown! I'm getting nervous now about all the documentation they might ask for. Quick question - when they asked for proof of employment and pay stubs, did they want everything mailed/faxed to them or could you upload it through the online portal? I'm trying to figure out the fastest way to get them what they need once I find work. Also, did they give you a specific timeframe to provide the documentation, or was it more of a "get it to us when you can" situation? I want to make sure I don't accidentally delay my payment even more by missing some deadline!

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Just wanted to chime in as someone who's been on unemployment for about 8 months now - I actually alternate between online and TeleServ pretty regularly depending on my schedule and it's never been an issue! The systems are completely integrated so TWC doesn't care which method you use. A couple of practical tips for your camping trip: make sure your phone is fully charged before calling (the process takes about 5-10 minutes), and if possible try to call from a spot where you have strong signal since getting cut off mid-way through can be frustrating even though you can restart. Also, if you're camping with others, maybe step away from the campsite when you call since you'll be entering your SSN and other personal info. The 7 AM suggestion is spot on - I've called at that time and gotten through immediately every time. Have a great trip and don't stress about this at all!

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This is all such great advice! I'm definitely going to call right at 7 AM Sunday morning. The tip about stepping away from the campsite for privacy is smart - hadn't thought about that. I'm feeling so much more confident about this whole situation now. Really appreciate everyone taking the time to share their experiences!

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I've been switching between online and TeleServ for months without any issues! Just used TeleServ last week actually when I was traveling for work. The system is super straightforward - it literally asks you the exact same questions as the website, just in audio format instead of clicking buttons. One thing I'd add that others haven't mentioned: if you have any work search activities to report, have those details written down before you call since you can't "scroll back" like you can online. Also, the system will repeat your answers back to you before finalizing, so you get a chance to catch any mistakes. Don't stress about this at all - enjoy your camping trip!

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That's a great point about having work search details written down beforehand! I hadn't thought about not being able to scroll back through information like you can online. I usually just wing it when I'm filling out the website, but you're right that with the phone system you need to be more prepared. I'll make sure to jot down my work search activities before I call. Thanks for that tip - it could have saved me from a frustrating call where I'm trying to remember dates and company names on the spot!

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Matthew, I've been in HR for over 10 years and can share some insight on what actually happens during the hiring process. Most employers don't have access to TWC appeal decisions - we can't just call up TWC and ask about your unemployment history. What we typically verify is employment dates, job title, and sometimes salary through a third-party verification service or direct contact with HR. The real concern is what your former employer says if contacted directly. While many large companies stick to "dates of employment only" policies to avoid liability, smaller companies might share more details. Here's what I'd recommend: 1. Be prepared with a brief, factual explanation: "I was terminated from my previous position, but successfully appealed the decision with TWC who determined there was no misconduct on my part." 2. Focus on getting strong references from colleagues, clients, or other supervisors from that job who can speak positively about your work. 3. Consider addressing employment gaps proactively rather than waiting for it to come up. Your TWC victory is actually valuable evidence that an impartial government agency reviewed the facts and sided with you. That carries weight if the topic ever comes up. Don't let this hold you back from pursuing opportunities - most employers care more about your skills and what you can do for them going forward.

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This is exactly the kind of professional insight I was hoping to get! As someone new to this community but unfortunately not new to employment issues, your explanation about what HR actually has access to is really reassuring. I've been lurking here trying to understand the whole TWC process after getting terminated myself a few weeks ago. The fact that you've been in HR for 10 years and confirm that employers can't just call TWC to check on unemployment decisions makes me feel so much better about my situation. I especially appreciate your suggestion about framing it as "TWC determined there was no misconduct" - that's a much more confident way to address it than I was thinking. Quick question though - when you say "third-party verification service," do those services have any access to TWC records or unemployment benefit information? Thanks for taking the time to share your expertise!

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Hey Matthew! I'm fairly new to this community but went through something very similar last year. Just wanted to add that you should also consider looking into Texas Labor Code Section 52.031 - it actually makes it illegal for employers to blacklist former employees or intentionally interfere with their ability to get new jobs. If your old employer is badmouthing you to potential employers AFTER you won your TWC appeal, that could potentially be grounds for legal action. I know it sounds intimidating, but sometimes just having your attorney send a cease and desist letter to your former employer can put a stop to any retaliation. Obviously this is a last resort if you find out they're actively sabotaging your job search, but it's good to know you have options beyond just hoping they play fair. Also, don't forget that winning your TWC appeal means they have to pay increased unemployment taxes because of the wrongful termination - so they already have financial consequences for their actions. That might actually motivate them to be more careful about what they say to avoid further liability. Hang in there - the hardest part is behind you now that you've won the appeal!

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