Former workers who were denied unemployment benefits in Texas can initiate the TX unemployment denial appeal process with the state Workforce Commission by submitting a written request for reconsideration. However, prior to initiating the appeal procedure, unemployment insurance (UI) applicants must review the reasons that lead to denied unemployment coverage in Texas. By doing so, UI claimants can assess their chances of winning the unemployment denial appeal. For instance, TX workers who were legitimately fired for misconduct have poor chances of winning their plea, as one of the UI program’s main requirements is to lose your job through no fault of your own.
On the other hand, unemployment petitioners who were dismissed from their jobs as a result of wrongful termination in TX have a good chance to win their appeal once they prove their eligibility. State employees who have had their unemployment compensation benefits denied in Texas can submit the plea for review at three different levels of appeals. Therefore, if you disagree with the first-level TWC decision, you can request a reconsideration at the next.
To get an answer to the question, “What can I do if unemployment denied me benefits?”, and to review the different appeal options available to Texas workers, read the below sections:
However, prior to filing their TX unemployment denial appeal, UI claimants must adequately prepare to present their denied unemployment benefits case.
First, UI petitioners must examine the reasons that lead to denied unemployment benefits in Texas, as the success of their request for reassessment depends on whether or not there is cause to appeal. In general, TX workers will be denied unemployment payments if they:
Then, UI applicants must promptly collect the necessary evidentiary documents and witnesses that support their case, since they have a limited timeframe to submit their unemployment denial appeal in Texas. Note that the hearing officer must receive the list of the evidence documents and the witnesses prior to the date of the hearing. Finally, former employees who are undergoing the appeal process must remember to request UI benefits on a bi-weekly basis in order to receive all due unemployment payments if their appeal is successful.
Note: Former Texas employees who do not speak good English, or have a hearing impairment, must inform the
TWC as soon as possible in order to be accommodated during the hearing.
Then, unemployment insurance applicants will receive the TWC hearing information packet within six to eight weeks of submitting the TX unemployment denial appeal. The packet includes all information relevant to their case, along with procedural instructions about the appeal procedure and the date and time of the hearing.
During the hearing, the presiding TWC judge will obtain the testimonies of all interested parties and admit the relevant documents into evidence. UI claimants will be informed of the hearing officer’s decision within five to 10 days after the conclusion of the audit. If the determination is not in the favor of the former worker, the written notice will also contain instructions about the TWC’s next-level appeal options.
Unemployment petitioners who still have their unemployment compensation benefits denied in TX after receiving a decision regarding their initial appeal can file a second-level plea with the TWC Commission Appeals. After receiving the UI claimant’s unemployment denial appeal, the TWC will assign a reviewing attorney to analyze the submitted evidence documents and a recording of the telephone hearing. The attorney will then submit a recommendation to the appeals board regarding the initial Appeal Tribunal decision. The commission will take into consideration the attorney’s recommendation before issuing a written determination regarding the UI applicant’s case.