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I won my TWC appeal for a similar misconduct claim about 4 months ago! Your situation sounds very winnable, especially with the 2-year clean record before the new manager - that's incredibly strong evidence. Here's what really made the difference in my case: I created a detailed chronology showing exactly when the management change happened and when the alleged "problems" started. The hearing officer asked several questions about this timeline and it clearly demonstrated that the issues weren't with my performance, but with the new management's practices. For restaurant scheduling specifically, make sure you document not just the schedule changes, but also highlight if your employer failed to follow their own written policies about advance notice. Most employee handbooks have specific requirements about scheduling notice that employers often ignore. During your hearing, remember that "misconduct" has a very specific legal definition in Texas - it has to be willful and substantial disregard for the employer's interests. Being occasionally late due to last-minute schedule changes doesn't meet that standard, especially when you can show the employer didn't follow proper notification procedures. You're already doing everything right by gathering evidence and preparing thoroughly. The fact that you're asking all these questions shows you're taking it seriously, which puts you way ahead of people who just show up unprepared. With your documentation and 2-year clean record, you have a solid case. Keep us updated on how it goes!
This is exactly what I needed to hear! Creating a detailed chronology showing the timeline between the management change and when problems started is such a smart strategy. I'm going to make a clear chart showing my 2-year perfect record, then mark exactly when the new manager started and when the alleged attendance issues began. You're so right about highlighting how they failed to follow their own scheduling policies - I do have our employee handbook and it clearly states 48-hour notice for schedule changes, which they definitely didn't follow. It's really helpful to know the specific legal definition of misconduct in Texas. I feel much more confident knowing that occasional lateness due to improper schedule changes doesn't meet that standard. Everyone's advice here has been incredible and I'm feeling so much more prepared than when I first posted. I'll definitely update everyone after my hearing - fingers crossed it goes as well as yours did!
I'm a newcomer here but wanted to share what helped me prepare for my TWC appeal hearing last year. Reading through all the great advice here, I'd add one thing that really made a difference for me: practice your opening statement out loud multiple times before the hearing. When the hearing officer asks you to explain your side, you want to give a clear, concise summary that hits your main points without rambling. I practiced saying something like: "I was employed for 2 years with excellent performance until a new manager implemented scheduling practices that violated company policy, then terminated me when I couldn't accommodate last-minute changes." Also, don't forget to request a copy of your personnel file from your former employer if you haven't already - they're required to provide it in Texas and it might contain performance reviews or documentation that supports your case. The restaurant industry has so many scheduling issues that hearing officers are very familiar with these situations. Your clean 2-year record before the management change is incredibly strong evidence. With all the documentation you're gathering and the preparation you're doing, you're setting yourself up for success!
This is such valuable advice! Practicing an opening statement out loud is brilliant - I tend to ramble when I'm nervous, so having a clear, concise summary prepared will really help. Your example statement is perfect because it covers all the key points in just one sentence. I hadn't thought about requesting my personnel file either - that's a great idea since it might have my positive performance reviews from before the new manager started. It's so reassuring to hear that hearing officers are familiar with restaurant scheduling issues. Between everyone's advice here and all the documentation I'm gathering, I'm feeling much more confident about my chances. Thank you for adding these practical tips!
I'm just starting my Commission Appeal journey after losing my first appeal on a wage issue, and this thread has been absolutely invaluable! Thank you all for sharing such detailed experiences and practical advice. Based on everything I've read here, I'm creating a comprehensive package that includes: 1) A clear breakdown of the specific factual errors in the hearing officer's decision, 2) All my pay stubs and W-2s showing the unreported wages, 3) A spreadsheet like Ethan mentioned comparing actual wages to TWC records, and 4) References to relevant Texas Labor Code sections. The 10-12 week wait time is intimidating, especially when already dealing with financial stress, but seeing so many success stories here gives me real hope. It's clear that having solid documentation and being methodical about challenging specific errors really can make the difference. I'm also planning to check with my local workforce solutions office about document review before submitting. The tip about requesting wage protest records from TWC is something I definitely want to pursue too. For anyone else just starting this process - bookmark this thread! The collective wisdom here is better than anything I found on official TWC websites. Wishing everyone waiting for decisions the best of luck, and thanks again to those who've shared their successful outcomes. It really helps to know this system can work when you have the right evidence and approach.
This is exactly the right approach! Your comprehensive package sounds very well-organized and thorough. One small additional tip I'd add - when you create that spreadsheet comparing actual wages to TWC records, consider color-coding the discrepancies to make them visually obvious. I used highlighting to show missing wages in red, which made it really easy for reviewers to spot the problems at a glance. The workforce solutions office review is definitely worth doing if they offer it in your area. I was surprised how helpful their feedback was on organizing my documentation effectively. And yes, definitely bookmark this thread - I've referred back to it multiple times during my own process! Best of luck with your appeal. From everything you've outlined, it sounds like you're going in extremely well-prepared. The fact that you have clear documentation of unreported wages puts you in a strong position. Keep us posted on how it goes!
I'm currently preparing my Commission Appeal after losing my first appeal on a wage dispute, and this entire thread has been a goldmine of information! Reading through everyone's detailed experiences has transformed what felt like an impossible process into something manageable. A few things I'm taking away that I hadn't considered before: the importance of challenging specific "findings of fact" rather than the entire decision, the value of creating detailed wage comparison spreadsheets, and the need to reference specific Texas Labor Code sections. The tip about requesting wage protest records from TWC is brilliant - I never would have thought of that. One question I have for those who've been through this - when submitting your appeal, did you send everything via certified mail, or is regular mail sufficient? Given the 14-day deadline and how crucial timing is, I want to make sure there's no question about when TWC received my documents. Also, for those still waiting on decisions - has anyone had success getting status updates through that Claimyr service that was mentioned earlier? The 10-12 week wait is going to be brutal, especially with bills piling up, so any way to get occasional updates would help with the anxiety. Thanks to everyone who's shared their experiences here. This community support makes such a difference when you're dealing with a system that can feel designed to wear you down. Hoping we all get positive outcomes!
This thread has been absolutely incredible! As someone who's about to start my first unemployment claim in Texas, I had no idea about any of these timing rules or potential pitfalls. Reading through everyone's experiences really highlights how poorly TWC communicates these critical policies - the 14-day grace period should be like the first thing they tell you when you sign up, not buried in some handbook most people don't even know exists! I'm definitely going to follow all the advice here: downloading that Claimant Handbook, setting up multiple reminder alerts on my phone, and bookmarking that Claimyr service since it sounds like actually reaching TWC is nearly impossible otherwise. It's honestly scary how many ways you can accidentally lose benefits just from timing mistakes that nobody warns you about upfront. Really grateful to everyone who shared their real experiences here - this is exactly the kind of practical guidance that makes navigating this confusing system possible for newcomers. Thank you especially to @Javier Torres for asking the original question - your situation probably helped way more people than just yourself!
This whole discussion has been such an eye-opener for me too! I'm also completely new to unemployment benefits and honestly feeling pretty overwhelmed by how many unwritten rules there seem to be. The fact that missing a filing date by just one day could potentially cost you weeks of benefits is terrifying, especially when TWC doesn't make these deadlines crystal clear from the start. I'm definitely going to create a comprehensive reminder system after reading all this - phone alerts, calendar notifications, maybe even asking a family member to check in with me. It's really unfortunate that we have to become our own case managers just to navigate what should be a straightforward support system, but I'm so thankful for communities like this where people actually share practical advice and look out for each other. The tip about keeping documentation of any emergencies that might cause you to miss filing is especially valuable - that's something I never would have thought of but makes total sense. Thanks to everyone who contributed their experiences here!
Wow, this thread has been incredibly enlightening! I'm scheduled to file my unemployment claim next week and honestly had no clue about the complexity of the filing date requirements. The 14-day grace period rule is absolutely crucial information that should be highlighted prominently when you first apply - not hidden away in a handbook that most people probably never see. Reading everyone's real experiences has made me realize how many potential pitfalls exist in this system that TWC doesn't adequately warn you about. I'm definitely going to implement all the strategies mentioned here: downloading the Claimant Handbook immediately, setting up multiple calendar reminders with different alert times, keeping the Claimyr service info handy for when I need to actually speak to someone, and maintaining documentation of any potential issues that could affect my filing schedule. It's honestly frustrating that beneficiaries have to become experts in navigating bureaucratic loopholes just to receive the support they're entitled to, but I'm incredibly grateful for communities like this where people share practical, real-world advice. Thanks to everyone who took the time to share their experiences - you're helping newcomers like me avoid potentially costly mistakes!
This thread has been such a valuable resource! I'm also brand new to the unemployment system and honestly feeling pretty anxious about all these rules and deadlines that seem designed to trip people up. Your point about the 14-day grace period needing to be prominently displayed is so true - that information could literally save people from losing weeks of benefits, yet it's buried where newcomers would never find it! I'm going to follow your lead and download that handbook right away, plus set up those multiple reminder systems. The documentation tip is really smart too - I never would have thought to keep records of potential emergencies or issues that might affect filing, but it makes perfect sense given how TWC seems to operate. It's really disheartening that we have to become mini-experts just to navigate what should be a straightforward support system, but I'm so grateful for threads like this where people actually help each other succeed instead of just figuring it out alone. Thanks for sharing your preparation strategy - it's given me a much better roadmap for getting started!
I'm dealing with a similar situation right now and this thread has been incredibly helpful! My RESEA appointment is scheduled for Friday but we have a winter storm warning with ice expected. After reading everyone's experiences, I'm going to start documenting everything today - taking screenshots of the weather alerts and keeping a log of all my contact attempts. It's frustrating that TWC makes this process so difficult, but it sounds like they will work with you if you follow the right steps and have proper documentation. Thanks to everyone who shared their experiences, especially @Ethan Anderson for the detailed update on what actually worked! This is way more useful information than anything I could find on the official TWC website.
@Andre Laurent You re'smart to start documenting everything ahead of time! I learned that lesson the hard way when I waited until the last minute. Make sure to also find your workforce center s'direct email address - that seemed to be what really got things moving for @Ethan Anderson. Ice storms are definitely a legitimate safety concern, so you should be fine if you follow all the steps everyone outlined here. Good luck with your rescheduling!
I'm really glad this thread exists! I'm scheduled for my first RESEA appointment next month and honestly had no clue what it was or how strict they are about it. Reading everyone's experiences - especially the success stories with proper documentation - makes me feel way less anxious about it. It's ridiculous that TWC doesn't make their emergency rescheduling procedures clearer on their website. You'd think with Texas weather being so unpredictable they'd have better systems in place. I'm definitely going to save all the contact methods and documentation tips from this thread just in case. Thanks to everyone for sharing real experiences instead of just complaining - this is actually actionable advice that could save someone's benefits!
James Martinez
I went through this exact situation about 6 months ago and it was a nightmare, but I did get my unemployment benefits approved. Here's what I learned: First, file your TWC claim immediately - don't wait for them to maybe pay you. Choose "reduction in hours or wages" as your reason and explain the non-payment in detail. Second, send a formal email to your supervisor/HR TODAY asking for written confirmation of when you'll be paid - this creates the paper trail TWC needs to see that you tried to resolve it. Third, keep showing up to work until you get a response about your claim or find another job - abandoning your position without notice could hurt your case. The whole process took about 3 weeks for me, and I had to do a phone interview where I explained everything. The key is having documentation that shows you made reasonable efforts to get paid before filing. Also definitely file that wage claim like others mentioned - I got my back pay through that process even though it took months.
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Connor Gallagher
•This is incredibly helpful, thank you! Did you continue working the full 3 weeks while waiting for your claim to be processed, or did you end up quitting before it was approved? I'm trying to figure out the timing - like if I should give my employer a deadline for payment before I stop showing up, or if I should just keep working indefinitely while the TWC process plays out. Also, when you did the phone interview, did they ask detailed questions about your attempts to get paid, or was it more straightforward?
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Omar Zaki
You're definitely in a tough spot but you have options! In Texas, failure to pay wages is considered "constructive discharge" which means you can file for unemployment even while technically still employed. Here's what I'd recommend: 1) File your TWC claim ASAP - select "reduction in wages" and explain the non-payment situation in detail. 2) Document everything - take screenshots of your work schedule, any communications about missed pay, and send your supervisor an email TODAY asking for written confirmation about when you'll be paid. 3) Continue showing up to work while your claim is processed (unless it becomes unsafe or they tell you not to come in) - this shows you're not abandoning your job. 4) File a separate wage claim through TWC's Payday Law division to try to recover your missed wages. The unemployment process typically takes 2-3 weeks and you'll likely need to do a phone interview to explain your situation. Don't wait for your employer to "figure it out" - protect yourself now. Good luck!
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Gianna Scott
•This is exactly the roadmap I needed - thank you so much! I'm going to file my TWC claim today and send that email to my supervisor requesting written confirmation about payment. One quick question: when I file the claim and select "reduction in wages," should I put my current wage as $0 since I'm not being paid, or should I put my normal hourly rate? I don't want to mess up the application by entering the wrong information. Also, do you know if there's a specific timeframe I should give my employer in the email, like "please confirm payment by end of business today" or should I just ask when they expect to pay us?
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