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

Austin, TX |

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!

My immediate supervisor said I did well in 2012 and said so in her Jan. 2013 "Satisfactory" evaluation. But my manager fired me days later in Jan. 2013. Don't I have a right to the truth about my work performance whether my work performance is good or bad. I feel that Travis County owed me a truthful 2012 evaluation that showed all the gross misconduct and mistakes I made during the year. Instead one supervisor sugar coated everything, and the other one fired me saying "You are fired effective immediately." And that was that. Do I have right to the truth. Should I get TWC benefits for being a good employee for 7 years and 9 months at Travis Co.?

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Attorney answers 3

Best Answer

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 not provide confidential information in a public forum.



Thanks. I will be sure to get that document from former employer showing that my performance was Satisfactory. I think I did have a right to know exactly what was wrong with my performance in detail before I was fired like that. I was owed at least that much after working there for 7 years and 9 months and never receiving an official reprimand or "write-up" as my employer called them. Thanks again.

Thomas J. Crane

Thomas J. Crane


You bet. BTW, here is a blog post I wrote awhile back on unemployment benefits:


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.


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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