I was fired from my employer. The Texas Workforce Commission denied me unemployment because of "misconduct." How do I appeal?

I had a very stressful year in 2012. I was in the middle of a child custody dispute that I lost. My home was foreclosed on. I lost two vehicles thru repossesion. I had to declare Bankruptcy all during 2012. My employer never really pointed out my mistakes. In Jan. 2013 I received a "Satisfactory" review and then days later in Jan 2013 a different manager fired me, effective immediately. My 2012 evaluation was Satisfactory but then they very suddently fired me on Jan. 22 2013 just days later. I did have a rough and stressful year. I took 8 days of FMLA leave to hold on to my job in July. I really need some help. I can work. But I really was counting on unemployment to get me through this rough time while I am looking for a job but Travis County (my employer) denies me TWC. Help!

Austin, TX -

Attorney Answers (3)

Thomas J. Crane

Thomas J. Crane

Employment / Labor Attorney - San Antonio, TX
Answered

Yes, as mentioned already, your letter of denial will explain how to appeal. If you have not yet had a phone hearing, that will be your next step. Most hearing officers will require the employer to document that they warned you about performance problems. So, be sure to use that satisfactory performance evaluation as evidence. That will help show they did not warn you about issues. You can also research the unemployment benefits rules at the TWC website.

This information does not create an attorney-client relationship, and the questioner is reminded that s/he should... more
David C. Holmes

David C. Holmes

Employment / Labor Attorney - Houston, TX
Answered

Just follow the instructions on the notice that you received. You can appeal the determination, and you will get a telephone hearing before a TWC hearing examiner.

Debra Vera Jennings

Debra Vera Jennings

Employment / Labor Attorney - Sugar Land, TX
Answered

Yes. File a Timely appeal and be prepared to explain that you did not engage in misconduct in connection with your job.

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