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TWC Commission for Unemployment? Texas

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  • #16
    If "failure to perform" is the main issue, procedural errors would probably be a good start. Or, failure to follow the law. Also, I think the hearing officer put on the wrong color socks that day, because failure to perform to standards is not generally a disqualifying reason, unless the employer can prove to the satisfaction of the commission that the employee could have performed to standard, but intentionally chose not to. The lack of warnings and the lack of training both seem to support that.

    The ancillary issues you mentioned could be an issue or not, depending on what they are.

    I think you should appeal.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #17
      I am not saying that this is true in the OP's case, but it sure seems based on the postings that we are getting that states are getting a lot more hard ball on UI claims over the past year. I am going to suggest the possibility that maybe the collect state budget problems may be impacting how they decide claims.

      It is historically common for IRS to decide issues in their (IRS's) favor. While I have never prior to this year heard of states deciding UI claims in their (the state's) favor, perhaps that has changed.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #18
        I'm giving it all some thought and thinking about the appeal letter I'm going to put together for the TWC Commission and pointing out errors and other things that happened during my hearing.

        I've been getting some really good advice from someone in regards to my case and he was sure I would have won the appeal, and is a bit upset about how my side of things seemed to have been "overlooked" when I got my decision paperwork back.

        The only thing I worry about tho if I do this, is if my ex-job decides to take it all the way to civil court IF I win the commission appeal. I know that will be a lawyer and some money that I won't have!

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        • #19
          Originally posted by DAW View Post
          I am not saying that this is true in the OP's case, but it sure seems based on the postings that we are getting that states are getting a lot more hard ball on UI claims over the past year. I am going to suggest the possibility that maybe the collect state budget problems may be impacting how they decide claims.
          I wouldn't doubt that at all. I also would opine that employers are appealing a lot more than they used to. When you just a few claims per year, it wouldn't affect the employer tax rate too much, if at all, so some of them probably didn't bother. Now the employers with MANY more claims and the individuals are unemployed for a longer period of time, so they're protesting/appealing claims they might not have in the past.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #20
            Originally posted by Pattymd View Post
            I wouldn't doubt that at all. I also would opine that employers are appealing a lot more than they used to. When you just a few claims per year, it wouldn't affect the employer tax rate too much, if at all, so some of them probably didn't bother. Now the employers with MANY more claims and the individuals are unemployed for a longer period of time, so they're protesting/appealing claims they might not have in the past.
            I can certainly affirm that all the states that I deal with are becoming really eratic in their decisions. On several over the last 6 months or so, I have had to appeal decisions where the state has granted benefits when employees were fired for gross misconduct (i.e. sexual harassment, workplace violence to name a few) and the state had the investigative notes, witness statements, etc.....clearly showing that the employee violated not only our policies, but were in violation of Title VII. Believe me, some of their decisions have really shocked me as to how they could possibly come to those decisions to grant benefits.
            Somedays you're the windshield and somedays you're the bug.

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            • #21
              I turned in my appeal letter to the TWC Commission on Wednesday. Does anyone know how long it takes for them to go over my case and for the decision to come?

              On the TWC website, it does not specify any info at all on the Commission appeals in regards to a time line or anything.

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              • #22
                I'm sure they're swamped. There are, of course, MANY more UI claims these days, and many more employers seem to be appealing, then employees appealing that decision when it goes against them.

                Honestly, I wouldn't expect even a letter or, if it is deemed necessary, another hearing for at least 3-4 weeks, if that.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #23
                  Appeal to TWC

                  My wife was receiving unemployment for last 3 months after being laid off from her job of 11 yrs. 2 days ago she recieved a letter from TWC saying her payments were stopped because she did not report to center as directed by TWC in last letter. The problem is we've been having issues with delivery of our mail and did not revive the previous letters. She has been active in job searches but did not visit the TWC center as directed in "missing" letters.

                  She plans to appeal and hope that they'll re-activate her payments.

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                  • #24
                    Originally posted by rob6465 View Post
                    My wife was receiving unemployment for last 3 months after being laid off from her job of 11 yrs. 2 days ago she recieved a letter from TWC saying her payments were stopped because she did not report to center as directed by TWC in last letter. The problem is we've been having issues with delivery of our mail and did not revive the previous letters. She has been active in job searches but did not visit the TWC center as directed in "missing" letters.

                    She plans to appeal and hope that they'll re-activate her payments.
                    Actually, you could have saved yourselves a bunch of trouble if you had visited the website and signed on to do job searching there. If you do that 3 times a week - that's all you need.

                    And you guys are appealing thru the Appeal Tribunal - which is the first appeal. I'm going thru the second appeal which is thru the TWC Commission.

                    Totally different thing.

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                    • #25
                      I was also denied benefits. I think the TWC is a system designed to wear you down so you simply give up trying to get benefits. I was fired in March suddenly by a company that is ditching all their employees over age 50. They appealed me getting benefits and lost. It was a very very long process. I was on unemployment for four months and got a job with the Texas prison system. I quit after one month due to extremely unsafe working conditions. I was an office clerk and they had me walking through the prison, among the prisoners...during a riot alert.....by myself...getting locked in a hall with male prisoners....good grief. At the appeal hearing it seemed to go well in my favor. He got them to admit that yes I was in a situation that was dangerous. I still lost......at this point I expect nothing from TWC. If I get it then yahoo. But I dont expect it. There are labor laws yes, but NO ONE is enforcing them. You can only hire a lawyer if you get screwed, which will require what little money you have left over and your firstborn child.

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                      • #26
                        I ended up losing my second appeal with the TWC. I had filed for it on August 5th, and got my decision on Sept 28th. I had to wait that long. I filed a 7-page appeal letter, pointing out all the mistakes made during the appeal hearing, the evidence and whatever else - and they decided to stick with the original appeal hearing officer's decision anyway.

                        I have the feeling that if Texas and the rest of the country wasn't in a recession right now, I would have won. I guess they are trying to save the state of Texas money by not giving out UI to everybody expect those who had something "cut & dry" - like a lay-off. Hard to argue that one!

                        Oh well, at least I got a new job. That good news came a week after the bad news...

                        Plus I have heard from the grapevine that my former company I got fired from isn't doing too well these days anyway...

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                        • #27
                          Originally posted by mickey65 View Post
                          Oh well, at least I got a new job. That good news came a week after the bad news...

                          Plus I have heard from the grapevine that my former company I got fired from isn't doing too well these days anyway...
                          Congrats on the new job, I know how hard it is.

                          Revenge is a dish best served....................
                          Last edited by Pattymd; 10-23-2009, 03:41 AM.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #28
                            Mickey I dont expect to win my second appeal. I dont think they often reverse the decision. I dont see how they won, considering it was ruled I was in a dangerous situation. but....nothing surprises me anymore

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                            • #29
                              Originally posted by mickey65 View Post
                              Oh well, at least I got a new job. That good news came a week after the bad news...

                              Plus I have heard from the grapevine that my former company I got fired from isn't doing too well these days anyway...
                              I'm glad things seem to have worked out well for you in the end.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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