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I'm really sorry you're going through this - it's such a stressful situation when you know you're in the right but can't prove it. I've been following similar cases in our community and wanted to add a few thoughts based on what I've seen work: 1. Document EVERYTHING you remember about those technical issues - dates, times, who you spoke with, what the problems were. Even if you can't prove it all right now, having a detailed written record will help your lawyer or help you present a coherent case. 2. Check if your company had an IT helpdesk system where you might have submitted tickets about the recording problems. Sometimes these systems keep records even after employees leave, and they could be subpoenaed. 3. Consider reaching out to your state representative's office - they sometimes have staff who can help navigate TWC issues and ensure you're getting fair treatment in the appeals process. 4. If you do hire a lawyer, make sure they specialize in unemployment law specifically. General employment lawyers might not know all the TWC-specific procedures and deadlines. The fact that you were initially approved shows that TWC found your case had merit. Don't let your employer's documentation intimidate you - companies often create paper trails after the fact to justify their decisions. Stay strong and fight this!
Thank you for all these suggestions! I hadn't thought about reaching out to my state representative - that's really smart. I'm definitely going to document everything I can remember about the technical issues today. You're right that having a detailed timeline will help even if I can't prove every detail right now. I'm also going to check if there was an IT helpdesk system at my old job - I think I did submit at least one ticket about call recording problems. Your point about the initial approval is really encouraging - I need to remember that TWC already found my case valid once. I'm feeling much more confident about fighting this now!
I'm a paralegal who works on employment cases and I've seen this situation many times. You actually have several strong options for your second appeal that others haven't mentioned: 1. **Request personnel file records** - Texas law requires employers to maintain complete personnel files. Your employer likely has internal emails, manager notes, or IT trouble tickets that they didn't present in the first hearing. Request ALL personnel records, not just what they showed the judge. 2. **Demand call center metrics** - If you worked in a call center with recording issues, there should be system-wide data showing dropped calls, recording failures, or technical problems during your employment period. This data proves the issues were systemic, not your fault. 3. **File a formal discovery request** - You can request specific documents like: manager email communications about you, any discussions about the recording system problems, IT work orders, and system maintenance logs. 4. **Consider filing a retaliation claim** - If they fired you immediately after you reported technical problems, this could be retaliation for raising legitimate workplace issues. The key is being very specific in your requests. Don't just ask for "emails" - request "all electronic communications between [manager's name] and IT department regarding call recording system issues from [date] to [date]." Document everything you remember NOW while it's fresh. The Commission Appeal process is much more formal and you have real discovery rights that you didn't have in the phone hearing.
This is incredibly detailed legal advice - thank you so much! I had no idea I could request my complete personnel file or call center metrics. The point about retaliation is especially interesting since they did fire me right after I escalated the recording issues to my supervisor. I'm going to write down all the specific document requests you mentioned and include them in my appeal. The discovery process sounds much more powerful than I realized. Should I mention the potential retaliation angle in my appeal paperwork, or save that for later in the process?
@Lucas Kowalski This is amazing advice! I had no idea about the discovery rights in Commission Appeals. Quick question - when you mention filing a retaliation claim, would that be separate from the unemployment appeal or can I include that argument in the same appeal? I m'wondering if mentioning retaliation might strengthen my unemployment case or if it could complicate things. Also, do you know if there s'a specific timeframe for requesting personnel files and system data, or can I do that as part of the appeal process?
I'm new to this community but wanted to chime in as someone who just went through a very similar situation! I was working at a coffee shop where my hours got cut from 28 hours down to just 8 hours per week due to "seasonal slowdown" that seemed to drag on forever. Reading through this thread has been incredibly validating - it's clear that what you're experiencing with only 6 hours per week absolutely qualifies for partial unemployment. The advice everyone has shared here is spot-on, especially about documenting everything and being precise with your earnings reporting. One thing I learned during my experience is to take screenshots of your work schedule every single week, even if it seems redundant. My employer initially told TWC they had offered me more hours that I "declined," but I had screenshots of every weekly schedule showing I was only given 8 hours. That documentation saved me from a lengthy appeals process. Also, don't feel guilty about applying! I struggled with that at first, thinking maybe I should just tough it out or find a second job immediately. But partial unemployment exists exactly for situations like this where your employer cuts your hours through no fault of your own. You've been paying into this system through your taxes - you deserve the support when you need it. The fact that your manager is being understanding about the situation is huge. That cooperation will make the TWC verification process go much more smoothly. Good luck with your application!
Thank you so much for sharing your experience! The screenshot tip is really smart - I never would have thought about that but it makes total sense given some of the stories people have shared here about employers claiming they "offered more hours." I'm definitely going to start taking screenshots of my schedule every week just to be safe. You're so right about not feeling guilty - I did struggle with that at first. It's easy to feel like you're somehow taking advantage of the system, but you're absolutely right that we've been paying into it through our taxes. And with only 6-8 hours a week, it's not like we're choosing to work less - we literally can't survive on these hours! The validation from everyone in this thread has been incredible. When you're in this situation, it's easy to feel like you're the only one dealing with it or that maybe you're overreacting. But clearly this is a widespread issue that the partial unemployment system was designed to address. Thanks for the encouragement and for sharing what you learned!
Welcome to the community! I can see you're dealing with a really tough situation, but the good news is that you absolutely qualify for partial unemployment with only 6 hours per week. That's well below any threshold TWC would consider adequate employment. A few quick tips based on what I've seen work for others: 1. When you apply, make sure to select "still employed but hours reduced" - not laid off or terminated 2. Keep detailed records of every paycheck and work schedule going forward 3. You'll still need to do work search activities (3 per week), but things like updating your resume, applying to jobs online, or networking all count The fact that you went through the full unemployment process in 2020 actually works in your favor - you already know how TWC operates and what to expect. This time it's just partial benefits instead of full benefits. Your manager being understanding is going to make this process so much smoother. Many employers actually prefer when employees file for partial unemployment during slow periods because it helps them retain trained staff without the full payroll burden. Don't feel guilty about applying - you've been paying into this system, and this is exactly what it's designed for. With $94 paychecks, you're definitely not making enough to live on. File as soon as possible since you can't get retroactive benefits for weeks you waited to apply. Keep us posted on how it goes - your experience will help others in similar situations!
This is such comprehensive and helpful advice! I really appreciate you taking the time to break it down so clearly. The tip about selecting "still employed but hours reduced" is crucial - I can see how choosing the wrong option could really complicate things. I'm actually relieved to know that having gone through full unemployment in 2020 might work in my favor. At the time it was stressful, but you're right that at least I'm familiar with how TWC operates and what their systems are like. The work search requirement was something I was wondering about - it's good to know that updating my resume and online applications count toward that. I've already been doing some job searching anyway since 6 hours clearly isn't sustainable long-term. Your point about not being able to get retroactive benefits is a great reminder. I'm glad I already applied and didn't wait any longer. Even though it felt scary to take that step, reading everyone's experiences here has made it clear that this is the right move. Thanks for the encouragement about not feeling guilty - this thread has been so helpful in normalizing what feels like a really overwhelming situation. I'll definitely keep everyone posted on how the process goes!
I'm going through almost the exact same situation right now! My employer at a small office fired me for what they called "unreliability" after I had to leave early one day due to a family emergency (which I had documented proof of). The TWC investigator interviewed me last Tuesday and said they'd contact my former employer. When I called to check status yesterday, they told me my employer has until Thursday to respond and hasn't called back yet. Reading everyone's responses here is giving me some hope - I was terrified that no response would automatically mean denial. I also have all my documentation saved including the emergency room paperwork and text messages to my supervisor. Fingers crossed for both of us! This whole process is so stressful when you're already dealing with job loss.
Oh wow, your situation sounds almost identical to mine! It's such a relief to know I'm not alone in this. The waiting and uncertainty is definitely the worst part - especially when you're already stressed about finances. Having that emergency room paperwork and text documentation should really help your case, just like everyone here has been saying. I'll keep my fingers crossed for both of us too! It sounds like we both have good documentation and legitimate reasons for our situations. Please update us when you hear back - I'd love to know how it turns out for you. We've got this! 💪
I work as a paralegal and handle employment law cases, so I see TWC situations like this regularly. Based on what you've described - being fired for a single tardiness incident after 2+ years of good attendance, especially with documentation that you notified your employer about the car emergency - this should qualify you for benefits. Texas law requires "misconduct connected with work" to disqualify someone, and isolated incidents typically don't meet that standard. If your employer doesn't respond by Friday's deadline, the investigator will make their determination based solely on your statement and evidence. While there's no guarantee, non-responsive employers usually result in approvals when the claimant has good documentation like you do. Keep requesting payments and doing work searches while you wait - don't let anything lapse during this process. The fact that you have text proof of notifying your manager puts you in a strong position.
This is incredibly helpful to get a legal perspective on this! Thank you for explaining the "misconduct connected with work" standard - I wasn't sure exactly what TWC looks for when making these determinations. It's reassuring to hear that isolated incidents with good documentation typically don't meet the misconduct threshold. I've been so worried that they'd find any reason to deny my claim, but knowing that Texas law requires actual misconduct makes me feel more confident. I'll definitely keep up with all my requirements while waiting. Do you happen to know if there's a typical timeframe for when decisions come through after an employer misses their deadline?
Great news! It's always helpful to hear what the actual issue was. This could help others who are experiencing the same problem.
This is such valuable information - thank you for sharing the complete resolution! I'm dealing with something similar right now where my payment requests keep getting stuck. My employer also contested my separation reason even though I have documentation showing it was a reduction in force. It's really helpful to know that even after getting the determination letter, the system can still flag accounts for these employer disputes. I've been calling for two weeks with no luck, so I'm definitely going to look into Claimyr. Did the agent mention how long these flags typically stay on accounts if you don't get through to resolve them? I'm worried this could drag on for months if I can't get connected to someone.
I didn't ask specifically about how long the flags stay on, but the agent mentioned that these employer dispute flags don't resolve themselves - they require manual intervention by a TWC agent. So unfortunately it could stay indefinitely until you get through to someone. Since you have documentation of the reduction in force, that should make the resolution pretty straightforward once you connect with an agent. The agent told us that having the determination letter already approved actually speeds up the process since they don't have to re-investigate the entire claim. One thing that might help while you're trying to get through - make sure to keep documenting everything (your call attempts, the dates, any error messages you see). The agent seemed to appreciate that we had detailed records of the issue timeline. Good luck with Claimyr! In our case, we got the callback within a couple hours during a weekday morning.
@Jean Claude - I went through almost the exact same situation last year! My employer also contested saying I quit when I was actually part of a layoff. The flag stayed on my account for about 6 weeks before I finally got through to someone. What really helped in my case was having my layoff notice and any emails/documents from HR saved as PDFs on my phone. When I finally got connected to the TWC agent, I was able to email those documents directly during the call which sped up the resolution significantly. Also, if you do use Claimyr, I d'recommend trying it on a Tuesday or Wednesday morning - seems like Mondays and Fridays are even more backed up than usual. The $20 fee was totally worth it to avoid weeks more of calling. The agent I spoke with mentioned that employer disputes are one of the most common reasons for these payment request flags, especially with all the layoffs happening lately. Companies sometimes automatically contest claims to try to keep their unemployment insurance rates down.
Ava Rodriguez
I just want to add that you should also save any performance reviews, emails, or other documentation that shows your work was previously satisfactory before this hostile treatment started. This helps establish a pattern that they suddenly changed how they were treating you, which supports the constructive discharge argument. Also, if you have any coworkers who witnessed the harassment or sudden change in treatment, ask them if they'd be willing to provide a written statement - sometimes having third-party witnesses can make all the difference in these cases. The fact that your boss already typed up a resignation letter for you is honestly pretty shocking and shows clear intent to push you out rather than follow proper termination procedures.
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Zoe Stavros
•This is such important advice! I actually do have my last two performance reviews from earlier this year that were both "meets expectations" with positive comments, which is a stark contrast to how I'm being treated now. I never thought to ask coworkers for statements, but there were definitely witnesses to some of the more inappropriate comments my boss made. I'm going to reach out to a couple of trusted colleagues who I think would be willing to help. You're absolutely right that having a pre-written resignation letter ready shows they planned this whole thing out - it's not like they're responding to poor performance, they're orchestrating my exit. Thank you for the practical steps, it helps to have a concrete action plan!
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Dmitry Smirnov
I went through a very similar situation in 2021 and want to stress how important it is to act quickly once you make your decision. If you do end up having to resign (whether you sign their letter or write your own), file your unemployment claim the same day or the next business day at the latest. The longer you wait, the more it looks like you had other options or weren't truly forced out. When I filed my claim, I made sure to use phrases like "hostile work environment," "impossible working conditions," and "no reasonable alternative but to resign" in my explanation. I also attached a timeline document with specific dates and incidents that led to my resignation. TWC approved my claim on the first review, but I know others who had to appeal - either way, the key is having your documentation ready and being very clear that you were constructively discharged rather than voluntarily quitting. One last tip: if your employer contests your claim (which they probably will), don't panic. The initial determination isn't final, and you have the right to appeal and present your evidence to a hearing officer. Stay organized with all your documentation and remember that TWC sees these cases regularly - they know the difference between someone who quit because they didn't like their job and someone who was pushed out by an employer trying to avoid paying unemployment.
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GalacticGladiator
•This timeline of specific incidents is such a smart approach! I've been keeping a journal but hadn't thought about organizing it into a formal timeline document. That seems like it would make it much easier for TWC to understand the progression of events. The point about filing immediately is really important too - I can see how waiting would make it look like you had time to consider other options. I'm feeling much more prepared now thanks to everyone's advice. One question - when you attached your timeline document, did you submit it with your initial claim online, or did you have to mail it separately?
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