
Texas Workforce Commission Reviews
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Texas Workforce Commission Reviews
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Reviewed Feb. 7, 2013
I applied for my unemployment benefits on Jan. 7, 2013. I was then sent a letter from the Texas Workforce Commission dated Jan. 17 that my last employer responded on time and did not object to the payments of my benefits as I was laid off after the holidays along with many other employees. I was a full-time, 40 hours per week employee. After submitting a request for payment (that I still have not received), I was informed by TWC that my benefits had been denied because I quit my job. I immediately sent all supporting documents to prove that I had been laid off and did not quit, including the letter from TWC that said I would be paid my benefits because my last employer did not object. Since that time, I have made numerous calls and re-sent the documents over ten times in the last two weeks.
I finally was able to talk to Joanne on the phone (after over 100 calls) on Jan. 31, 2013, and it was like I never sent the documents at all, and I was told she could not help me because I quit my job! Do these people just throw fax documents and US mail away? This is the only thing they could be doing! I continue to send the documents, and yesterday (Feb. 7, 2013), I received a letter from TWC dated Feb. 5, 2013, that I was being denied my benefits because I quit my job! They have my former employer’s permission to pay me (no dispute whatsoever) and all supporting documentation that they (TWC) have requested from me.
It has now been a month and I am wrongfully being denied my benefits. This is the first time in my life I have needed any help or tried to collect unemployment, and this system (TWC) is broken. I don't believe the merry-go-round I have been riding! It seems to me TWC just doesn’t pay any attention at all and needs a complete overhaul. In the meantime, like hundreds of others in the state of Texas, all we can do is wait and not be able pay our bills while people who clearly do not care mishandle or misplace our paperwork and do not take care of thousands of claims like this one that should be an easy fix.
Reviewed Jan. 29, 2013
First, TWC personnel in Fort Worth have been nothing less than wonderful; four online helpers (Austin included) were extremely helpful. However, on December 17, 2012, "Sharon" called me, spoke to me disrespectfully, and recorded wrongful information just to make herself look "efficient" on her, obviously, "new" job of locating "criminals." This person triggered five (5) appeals, numerous hours on the phone with varying "solutions" - diametrically-opposed solutions depending on whom you speak with.
I have been accused of "failing to report income" which is a bald-faced lie. "Sharon" ditzed the lady who helped me on 10/11/12 to correct a report of income that I had reported for the incorrect week of September, and we corrected that that day. "Sharon" continued to badger me and speak to me in a condescending manner, to accuse me of not reporting income that I had reported, and to tell me that she was going to "fix" what the previous TWC person (10/11/12) screwed up.
Since this time, I have been persecuted to death. And in fact, I have yet another appeal where "Sharon" has accused me of saying I was employed when I was not; yet another unconscionable screw-up on her part that has me labeled as some kind of "criminal." I have been repeatedly subjected to these frivolous "charges" because of her ignorance. I have had jobs cancelled on me because of "Sharon's" abuse: Sharon has sent paperwork from TWC Appeals to an agency that I might get to train for 1-2 days every other month or two and caused them grief and consternation, because they have repeatedly told TWC that I do not and have not worked "for" them but only fulfilled a contract commitment for the 1 or 2 days. This ignorance of what constitutes a contract, and "Sharon's" overzealous posture on creating a villain has cost me untold grief, cost me jobs, and she is attempting to ignore facts to make her case.
This has been one of the most unpleasant experiences of my life. I have never been unemployed for more than a month or two throughout my whole life. But now that I am over 60 but healthy and willing and capable, this ignorant person has impugned my integrity with her "criminal" label and discredited me with a contract-employer who doesn't appreciate this bother. There is, apparently, no recourse when a get-my-check-every-two-weeks TWC "fraud" investigator employee who cannot understand the difference between employment and single-date contract work decides to make a name for herself.
Reviewed Jan. 9, 2013
It took over a month for TWC to determine my eligibility. The final step for me was to call in to activate my check distribution. For some reason, this cannot be done online. I have tried 167 times over the last two weeks to contact TWC via the number provided to me, and I have received the automated response stating "Due to heavy call volume, we are unable to help at this time..." This commission is not for the benefit of the workers. I have scoured the website, and there does not seem to be any way other than this to speak or email an actual human. I continue to fall further behind on my bills due to TWC’s negligence.
Reviewed Dec. 23, 2012
I've worked as an employee of Houston Housing Management Corporation that's composed with four personnel. There are more than 10 independent apartments under its management. The apartment I worked for is one of them. Following is my appeal to TWC's decision that rejected my unemployment benefit. In the past, I had been verbally disrespected or bullied by the manager. The manager very often took advantage of the event of argument or dispute between tenant and me to verbally abuse or bully me. (Ming ** has much intensive argument with resident many times too. Did he always get perfect ending? If he dares to point out which one was created by my fault, I can rebate right away. If I do my job trying to understand and solve the problem, supervisor always questions me about what I am doing. Do you think the job is too hard to handle or I’m not able to handle it? If I am incompetent to handle the job, why did you hire me and let me do this job over four years?)
The actual event is coming from tenant who irrationally argued about one word I greeted her with at an annual re-certification (Did you rent or sell the house?) and later she questioned me “Who told you I owned a house?” She threatened me to admit that I did say something wrong at last. During this event, I had a disagreement with the manager that he called me to write a report as the same as tenant does. I rejected because it's never been done with paper report to solve dispute with tenant. His purpose, again, was try to catch an obvious evidence with main office to find a reason to fire me. Writing the report or not will contribute to the same result; let alone Mr. ** had talked with the tenant for one hour. If he is really capable in doing his job, this event should have been solved within a few minutes. Unfortunately, he does not really want to solve it, but he took advantage to make a fuss about it.
I was required to go to the main office, and a meeting took place between my self, the manager, and the manager’s supervisor in the main office. This supervisor of main office was unable to reasonably resolve the issue to my satisfaction stating that was my intention to quit the job just because I don't want to stay further for meaningless discussion. I got termination from main office right after I got back to the office for the following reasons: violation of company policy, performance/neglect of duty. Please take a look at the case, the maintenance personnel Mr. ** got injured while working.
All of the insurance staff and doctor of work compensation department recognized 8 weeks to recover. However, it took more than one year to pay him. At the beginning, Mr. ** also wanted him to leave the company. And Mr. ** did not get any punishment for his neglect and went out to eat lunch when Mr. ** loaded air conditioner into the truck and got injured. Reason for the decision: Our investigation found your employer fired you because your actions amounted to insubordination. This is considered misconduct connected with the work (11-11-12). You seem to tell me a story that a person waiting for a long time tries to rape you. Finally, he finds a chance to tell you “The house is so hot. Why not take off your clothes and trousers to be cooled?” and you answer him “How about taking off underwear as well? Or, are you challenging me, after four years of stay in this company, that I still don’t know how to handle situation in this little apartment?”
Regarding to Houston Housing Management Corporation, since they can only support whatever the apartment managers intention to survive; otherwise, the apartment may find another management company and pay some $2,000 a month. They both just maintain a mutual benefit relationship. This is the reason why Linda still listened to Ming ** to fire me, even after I gave following document to her. “What do you guys think? I feel a bit disappointed of how Linda has been handling the matter. I think I could do a better job than her if I was allowed to do it in free hand.”
Linda ** and Ming ** should exchange position to each other; otherwise, I think this is no more than a joke. There are jokes under their management. The only serious attitude is that you as an employee are not allowed to against their will or intention a little bit. Because they build an empire, they are the king or king of king; others are nothing. If I can say, I would also say by this way (but, please don’t mind, it’s a joke, too). I feel very disappointed about how Linda ** and Ming ** have been handling the matter. I believe I could do a better job than they do if I was allowed to do it in free hand. Whatever they did and felt proud of are just a ** for their own pleasures only. Reason for Decision: Our investigation found you were not available for work for personal reasons (11-17-12).
I live inside the apartment where I worked for. I have been living here for four years. Am I not able to apply unemployment benefit by wrongfully terminated when I am packing to leave? How could you think I can pack and can look for the job at the same time? What kind of criteria do you sustain? In the past, I had applied unemployment benefit two times in Michigan. I always win even employers appealed later. Why does your agency so favor employer without a sense in Texas? Why does website complaints criticize you so much?
Reviewed Dec. 6, 2012
TWC in my opinion is a joke. Everyone should keep in mind that TWC is not on your side (the employee). They will back the company every time. I worked for a local company that eventually wanted me to relocate out of state. When I made it clear that I would not relocate unless I was given a raise in salary, the company terminated my employment and tried to get me to verbally resign. Company brought in a witness and terminated me in the HR office. When I filed for UI, it was rejected due to company saying I resigned and that they had a witness to my verbal resignation. I provided text messages off of my smart phone between myself and my boss, clearly indicating on the text messages, "I am not quitting. I need my job and I am available for work locally and willing to accept any other position within the company." TWC sided with the company, of course! I am now on my second appeal and I bet I lose this one also. TWC's appeal process is a bunch of ** to make the employee think he/she is being treated equally and that your case is important to them. Where's the fairness?
Reviewed Dec. 4, 2012
I was terminated from my employer on 11/02/2012. The employer stated they were firing me, because I had not submitted checklists and run reports for my last payroll cycle. My manager asked me if I normally submit the checklists. I told her yes. For this last pay period, I had forgotten to submit them for this cycle due to the short deadline we had for the week. She took it as me lying and I was terminated for that. I filed my claim with unemployment the same day and was prompt with them whenever they needed information. The employer turned in the information late on both deadlines and submitted their statement at the very last hour of the deadline that was set for them.
On 12/04/2012, a claims examiner by the name of Maria ** contacted me and went over the statement that was provided by an employee of the department. The person that provided this statement is not a manager or a human resources representative. She has the same job title as myself, so in a way I feel that was very unprofessional. She lied and defamed my character about several different instances, which had nothing to do with the reason as to why I was terminated. I explained to the claim examiner that the employee was not being honest and the claim examiner sided with the employer. They are classifying the reason I was denied was due to misconduct.
As a result, I am unable to pay rent. Now I'm faced with difficulty in having fuel to be able to get to job interviews that I have, as well as being able to maintain a good personal appearance and hygiene. I'm not a person that is sitting at home waiting to collect benefits from the state. Everyday since I have been unemployed, I have done job searches, gone on interviews and spent time at the WorkSource trying to keep from having to go on unemployment. I'm in a situation now where time is running out.
Reviewed Nov. 28, 2012
This has absolutely been the worst process to go through, ever. Not only is it very difficult to be unemployed, but the people who work for the TWC make it a thousand times worse. I have worked since I was 16 years old and the 2 months that I have been laid off, I have felt harassed and bullied by these horrible people. This government agency is the most disorganized, incompetent and unprofessional agency I've ever dealt with. First, I supposedly didn't attend an orientation that I did attend. Then I received a letter saying I didn't attend and respond to that, to which there is no record (but I have phone records). Due to this, they refused to give me 3 weeks of benefits which caused me to be late on bills and borrow money (which is embarrassing) from many friends and family.
I filed for an appeal. Today, after waiting 4 weeks, I was supposed to have an appeal hearing at 1:45. After waiting for my call back, I got a call from a woman saying that my hearing officer had an emergency and I would have to wait for over 3 weeks for another appeal hearing package and date. I'm sorry, but if I had an emergency, they would have done nothing for me. In fact, during my orientation, the speaker informed us of a story about a woman who had lost both her son and daughter in a car accident three days prior to her orientation. She was forced by the TWC to attend regardless of her emergency. That story absolutely disgusted me.
Anyway, I've never felt so helpless in my life and they could care less. Guess I'll have to keep fighting off the creditors for another month, which is Christmas I might add. I would not wish this process on my worst enemies. Oh yeah, and getting a hold of anyone. I would also like to add a quote from the appeal package: Hearing postponements are not ordinarily granted. However, if you have a justifiable conflict, notify the hearing officer as soon as possible before your hearing. If you don't, a later request to reopen your hearing may be denied. Follow your own rules! Completely ridiculous!
Reviewed Sept. 19, 2012
I have never dealt with a more unprofessional, biased, and disrespectful organization. I was terminated 3 days after refusing to deny an African American applicant an interview. My employer did not provide a reason as to why. I never had one warning, complaint, or disciplinary action taken against me in my 6 months of employment. I only took 1 vacation day and 1 sick day in 6 months.
After being terminated, I filed for unemployment benefits only to be denied due to blatant lies from my employer. Defamation of character does not compare to the lies that were created by my employer in order to deny my benefits. I provided over 100 pages of evidence included an affidavit from my employer’s client including proof of my interactions with them. My employer was initially given 3 dates to provide any evidence of their accusations of which they provided none yet still my claim was denied.
At the time of the first appeal hearing, not only did my employer not exercise their right to participate, the hearing officer did not have my 100 pages of evidence, therefore was not prepared for my case. He proceeded to go on with the hearing strictly based on my employer’s accusations and rescheduled a second hearing giving my employer a second chance to participate although they voluntarily forfeited the first. Not only did my employer participate in the second appeal, he required his only two other employees to create such dramatic lies that anyone with a competent brain could see through them. Example, I had 15 people complaining about me. Without one page of evidence, my claim was denied.
I have never felt so violated or been so mentally exhausted. The Texas Workforce Commission has failed the very people that fund it every week with a portion of their check. No one at the Texas Workforce Commission will ever know how it feels until they are wrongfully terminated and literally made to fight for their livelihood for months while all their employer must do is simply state a lie that denies their benefits and causes crippling ripple effects in a time where jobs are few and far between. This is truly a pitiful and callous organization and should be ashamed.
Reviewed Sept. 7, 2012
Call center employees: When calling in to ask questions concerning payment of unemployment benefits, I would appreciate for the employee answering the phone to display at least a small amount of pleasantness or at least politeness. The person I spoke with was very short and almost condescending. I understand people probably call in with stupid questions and some are probably not very kind due to the stress of being unemployed and receiving less than their previous wages. But if I am polite and courteous when I am under that stress, the person answering the phone could at least sound like I was not bothering them with their job, for which they are receiving a paycheck.
I normally do not file complaints like this, but in today's world with so much unemployment and stress, I do not feel that a little kindness and politeness is too much to expect when dealing with the public. Should one of those unpleasant, condescending employees find it to be too much trouble to show a bit of kindness, I am certain that one of the unemployed persons calling in would be more than happy to relieve them of their job and paycheck.
Reviewed Aug. 28, 2012
Texas Workforce Commission is incompetent and understaffed. I have been on unemployment since June 2012. When attempting to file online for my bi-weekly benefits in August 27, I received a message stating my claim had expired. The Texas Workforce Commission had an incorrect start date for my benefits (August 2011). The website instructed me to contact the office to resolve the issue. As it was a Sunday evening, I contacted the office Monday. I spent two hours attempting to get through to the Texas Workforce Commission. Each time I called, I received a message stating that the office was unable to take my call due to a high volume of calls they were receiving. Thus, I was unable to receive any assistance via their website or through their customer service phone line. My bi-weekly check now will be delayed. It is the end of the month, I have bills to pay, and I have a family to feed. Who is accountable for this level of incompetence and lack of service?
Reviewed Aug. 7, 2012
I have been successfully employed since 1982 while I was still in high school. I did file for unemployment in 1987 when the chemical plant I worked in exploded. I drew two paychecks from the Great State of Texas and then was called back to work. I had to quit a job I had been at for 8 years in February of this year due to personal reasons as there were a lot of health issues with some of my family members. They have denied any and all unemployment that I have filed for. I have continued looking for a job and have only been sent job searches by the unemployment commission that have been at least an hour away from where I live and they have been jobs that I am not qualified for. I am a certified crane operator, a machinist, carpenter, and will do general labor. I have been sent truck driving positions, feedlot jobs, furniture moving, and most of these were part-time.
I feel very proud to have lived in Texas all my life, paid my taxes, kept a job, and now I ask for some help and I was given a number for the food stamp office. Thank you very much, Texas. I also want to comment on John from Austin: until you know what is going on in a person’s life, I have always been told that the best thing to do is keep your mouth shut. You can look me up anytime and I will most certainly meet you somewhere and discuss these issues further. I have always had pride, but the economy around here is terrible. The towns are very small and there are no job openings. It does take a little money to go and look for work. You would make a great boss!
Reviewed July 20, 2012
Payback overpayment: I am being asked to pay back for a week that TWC states I had no reason not to look for work. As I wrote in my appeal, I was sole caretaker for my father, who had Alzheimer's/dementia. Long story short, I left the military after 8 years to be able to care for him. He passed away on June 16, which was the start of a new week of "work search." I had to plan my father's funeral and find a way to pay for it that week, so looking for a job that week was not top priority. When I told the rep that, she told me I was supposed to be searching anyway. Really? Please tell me that no one would have taken some time off from work to grieve and make arrangements. Why is there no slack for this? I'm not asking for a handout, like the idiot who commented about that; I'm asking for compassion and understanding of the situation. I had to bury my dad with everything I had saved, and I'm still in the hole.
Reviewed June 25, 2012
My husband got laid off on June 1st and couldn't get through to TWC till the 6th (and trust me we called a lot). He was told to call in his first claim on the 20th of June and he would receive a payment within 48 hours. So, he filed on Wednesday, June 20th, as told. Come Monday morning, the 25th, still no payment. He called TWC. They didn't bother mailing out a letter to his employer to confirm his layoff until Friday June 22nd! The day he was supposed to get paid!
Now, they are telling us they will mail the payment out on July 9th! That is a month and 8 days with zero income! We have cycled through a whole month of bills, some are late now. We have a family of 4 to feed. I am now going to have to pawn my jewelry including my wedding ring just to buy bare necessities for my family. Before Texas, we dealt with Kansas unemployment and they have a system that works great. They were on it. I was born and raised in Texas, love my state, but Texas government agencies are the worst I have ever dealt with.
Reviewed May 14, 2012
On March 22, 2012, I was fired from my job. On March 23, 2012, I filed for my unemployment benefits. I had given TWC all the information about my employer; however, TWC contacted the wrong employer, therefore, leaving me to wait 2 weeks before they informed me that my claim was denied. I was sent a letter which informed me of such. On April 18, 2012, I talked to a Mr. Robert **, which I'd related all of the information I'd done on March 23, 2012. Robert stated he would call me when he had received word from the employer.
On May 8, 2012, I called TWC in Austin, TX and was told that the employer had indeed responded on May 3, 2012, therefore, I called Robert to inquire about my benefits. I was told that he needed additional information. I then called Austin, TX again and was told to wait until May 11, 2012, that the employer had until then to respond, also to call back on May 14, 2012. On May 14, 2012, I then called Austin, TX and was told that the deadline had been moved to May 16, 2012. Therefore, I called the Ombudsman and informed them about my problem. Approximately 20 minutes later, my claim was denied.
This problem went on for over 6 weeks. For over 6 weeks, I've had no income and no one can tell me why my claim was denied. I need the unemployment benefits today. I'm about to have my truck repossessed. I'm about to be put out of my apartment therefore, what am I to do now? If there is any help that you could render my way, it would be most appreciated. Thank you for your time and consideration.
Reviewed April 30, 2012
Denial of benefits and request for rehearing - The three criteria set by the commission was met by my petition. However, the commissioners failed to adequately apply the standards of the law. Time is running out and I am unemployed with no medical insurance and it's very sad and unfortunate that someone like myself has to suffer after becoming ill.
Reviewed April 25, 2012
Can someone please help me? I have been trying to collect Unemployment Benefits due to having to quit my job in Texas to relocate to the State of Tennessee with my spouse. I was penalized 6 weeks because of this, which I fully understand although I do not feel is just. I registered for work with the State of TN when we arrived here in February. Not being familiar with the area, I registered online. Every two weeks I requested payment with Texas and was of course was denied until the 6-week penalty period was over. During this time, I had no idea that registering online was unacceptable. To which State that is unacceptable to I'm not quite sure.
Finally after 6 weeks, I received a check for one week of benefits from Texas. I then received a letter stating that I had not registered for work with the State of Tennessee and that I had to repay this money to Texas. Not sure how Texas was told this but they were told. I immediately called Texas Teleserv and was told that I had to register for work (in person) with Tennessee. I do not see that requirement stated on either State's website and I was never told this before. Becoming aware of it, that same day I went to an office here in Nashville and registered for work. I called Texas Teleserv again and notified them that I had in fact registered with Tennessee (in person). I assumed Texas would be notified that I had registered with Tennessee as previously Tennessee had told them I had not.
I asked the woman at the TN Unemployment office the day I registered for work, when they would notify Texas that I had registered. She did not know, said that was something that I would need to ask Texas. When I got back home I called the Texas Teleserv and notified them that I in fact registered in Tennessee. I was told to continue to request payment by calling the Texas Teleserv phone number bi-weekly and I would receive benefits when I became eligible again. I waited two more weeks until requesting payment again on April 22, 2012 and again I have been denied! I am not understanding why I am still ineligible when I fully deserve these benefits. I have done everything I know to do. Texas and Tennessee have two sets of rules and I do not know where else to turn.
Every move I make is not the correct one. The Unemployment offices in these two States do not communicate, they have their own way of doing things and for people, such as myself who quit a job to relocate with my spouse in pursuit of a better life, should not be made to walk an obviously invisible line. There is nothing in writing anywhere that advises a person on how they are to seek unemployment benefits when moving across State lines. I have been in constant contact with Texas Teleserv. I have registered for work in Tennessee. I have requested payment faithfully every two weeks. I desperately need these benefits. Moving to Tennessee was supposed to be a positive move, yet as I wait for these two offices to decide to communicate, we are falling farther and farther behind on our bills. If I knew exactly what I need to do in order to receive the unemployment benefits that I am rightly entitled to, I will definitely do it.
Reviewed April 23, 2012
In Nov. 2011, my father suffered a horrible life changing stroke. He lives in N.C. and I in Texas. When I requested to leave to go be with him, I was told my branch was too short staffed and couldn't go right then and should wait till either he passed on so I could attend the funeral or go when we were fully staffed. My older brother took care of the daily issues with my father until 2/1/12. On that day, he took his own life. I had no choice but to move back home to care for him. Because my former company is only in the state of Texas, I had no choice but to quit my long time job to go home. After being home a month, I still hadn't found employment. Therefore, I had to swallow my pride and apply for unemployment which I have been denied and denied my appeal. I don't understand how just a large family issue that is over 1000 miles apart is not with good reason. I've worked for 16 years continuously, never using any state or government funds and now, without reason of my own, I can't even feed myself.
Reviewed April 13, 2012
I was receiving unemployment benefits and picked up a part time job in a totally unrelated field than where I was laid off. I was urged to do this by TWC, so I was receiving unemployment benefits and working part time while continuing to look for full time permanent employment. Then, suddenly, both my parents were admitted to intensive care in a hospital. I had to go to Florida to make their medical decisions and care for their affairs. My father could not speak because he was on a ventilator and my mother had a stroke which left her unable to speak. Meanwhile, I was taking the time to continue my job search and applying for jobs where my parents were located as per my agreement with Texas Unemployment so I could still receive my unemployment check. But yes, I had to separate from the part time job as it was well over a thousand miles from where my parents were. I applied for emergency family leave at the part time job. However, when this company (part time employer) was contacted by TWC about my separation, they turned around and told TWC that I quit.
Apparently, I had not worked a full year when both my parents were dying in ICU. So by letter of the law, they did not have to grant me emergency family medical leave. So their response to Texas' separation inquiry was to tell TWC that I quit. Now, Texas wants their unemployment money back from when I had to go to Florida to care for my dying parents. So I filed an appeal. And I lost my appeal. Apparently, the company that says you quit (or says anything they want), gets believed by TWC and TWC upholds this even when the company doesn't participate in the appeal (i.e., show up or appear via phone for the hearing.) TWC appeal wants their unemployment money back from the date the part time job company said I quit.
Okay, I understand letter of the law, even if I think it is unfair to screw someone when they are in an impossible situation. I just sent my first payment back to TX today. But I am really dissatisfied with the whole appeal holding up the part time employers statement that I quit. I even sent in a copy of the medical leave request that hospital staff signed. But that wasn't good enough. Apparently I "separated" from employment, period. Letter of the law. Did I mention that I am still unemployed and they are sucking food out of my child's mouth?
By the way, I was supposed to be on a federal extension of unemployment benefits from when I was originally laid off. Why am I paying Texas back? Why am I not paying back the federal government back, since that is where the federal extension money comes from? If we are going to be letter of the law, we may as well be fair about where the money was coming from in the first place. I wish I had the time back. I spent looking for work while my parents were dying. Texas gets money back, but I will never get that time back with my parents. I want Texas to turn around and pay back the federal government the money I pay them. Thanks, TWC! Nice way to kick an unemployed person when they are down.
Reviewed March 24, 2012
To everyone attempting to get some kind of resolution on receiving benefits so much so I felt compelled to share some information that may help you:
1. Hire a unemployment lawyer, no matter how small or how big of a reason to be terminated, get help, don't do this alone, there are free legal services in Texas as well that can help you. I found a lawyer just by actively speaking to lawyers, even if they couldn't take my case; and one of those lawyers recommended a great attorney who actually took my case for free. Very blessed I know, but you can expect to pay anywhere from $250 to $500 for a fee, can't charge over $500 ,and I'm sure you can work out the payment somehow.
2. Continue to do your work searches, so when you win your case you'll receive back payments.
3. Call TWC early in the morning. Call 800-939-6631 around 7am in the morning, and don't wait until the evening/afternoon. Wake up early in the morning and call when they first open. Each and every time I've called, someone answers right away.
4. Do your research! Understand the law, understand unemployment terminology, and most importantly, understand the term misconduct and what that means to you. Google, do online research, and you'll find that the employers are winning because they know you don't understand unemployment law. They have to prove you willfully deliberately did an act to hinder productivity and put the employer's business at risk; this law is important. If you have documentation to back up your claims, that's great.
5. Change your attitude. I know this is hard, but you have to remain calm. Yes, the employer can and will lie to win but don't allow that to get you upset during the tribunal hearing. Be calm and be cool, and hopefully, you'll have a lawyer who will handle all of the hard stuff and legal rambling. The lawyer will also cross-examine for you which is one of the most awesome feelings to catch an employer in a lie. If you go in by your self, you have to be ready and well-prepared. Some of the things we do like 65 pages of explanations on why you shouldn't be fired actually hurts your case.
6. The reason why having 65 pages of explanations hurt your case is because you don't realize the tribunal hearing officer is looking for specific details such as warnings, proper write-ups, looking for signatures that you signed the document, also pay attention to signatures. Yes, the employer can and will falsify documents with your signature. The tribunal officer isn't interested in the rambling of what happened from A to Z; he or she is looking for specific details that show you knew you were doing something wrong--you knew you could get fired for it, and you did it any way.
8. Don't do it alone; get some help. I know I said this before, but this is how I won my case and I couldn't be happier with the outcome. I felt confident knowing I had someone with me who was looking out for me, and I won and my lawyer was even able to get my employer to admit I wasn't deliberately not working. So winning is possible.
This isn't much help, but it worked for me, especially getting a lawyer. Don't give up, and don't allow the employer to win; keep fighting for your money. Good luck, everyone. I wish you all a positive outcome.
Reviewed March 12, 2012
I was laid off as a paramedic from a county EMS service that was severely mismanaged. The emergency services district and emergency medical service board decided to dissolve the emergency medical service and start over in about a year. I applied for benefits and was denied because the only employment Texas Workforce had in their system was for a CPR class that I had taught away from my full time employment in another district!
I faxed current and relevant information, but still, my claim has been denied and I have been unable to talk with anyone. All I get when I call is "due to the high number of calls..." Thankfully, I have been hired for another EMS provider, but that employment won't start for another week and a half. Bills keep coming. Texas Workforce may just be understaffed; regardless, there are many needy, hardworking Texans who only want good employment and are not looking for a handout, they just want to feed their kids.
Texas Workforce really requires an outside source to point them into the right direction. Texas Workforce works for me and my fellow Texans. I have paid my taxes for the past 30 years and how the business is run reminds me how the now defunct County EMS service was managed.
Reviewed Feb. 28, 2012
I have received a letter concerning "overpayment" for my 2011 unemployment benefits. The letter required me to pay the "overpayment" amount, but I was shorted payments during the weeks of September 5-11, September 12-18, September 19-25, September 26- October 2, and tried to contact TWC. They said I will need to reapply to get the pay. I have filed to claim the unemployment benefits on 1/23/2011, but I get the job on 1/24/2011 and I declaim the benefits 2 weeks later. The question is: I have requested to claim my unemployment benefits weekly, why the whole month I can't get the payments and that total is 2 payments (4 weeks)? I don't know why. Now, TWC asked me pay the overpayment! TWC should pay me back first or pay me the difference (3 weeks).
Reviewed Jan. 31, 2012
I was sent a letter saying that I needed to submit information to TWC concerning my benefits and to call to submit the information. I have called a lot of different numbers for TWC from claims to appeals, and no one can help me get in contact with a live person to take care of this matter. When I do talk to a live person, they give me a number to where an automated selection is, not directing to who I can talk to, so I can submit to them the information they requested from me. Or they transfer me to a number that is automated. In other words useless!
My benefits have been placed on hold, because this information has not been submitted. I need a real person to talk to please! I am ever so frustrated from hearing TWC's automated operator telling me that "Due to the volume of calls, your call cannot be processed at this time"! it also says to go online or try to call later. But trust me, you get that no matter when you call. Please put some real people answering phones to help us.
Reviewed Jan. 26, 2012
All you people who have posted on the board need to stop looking for handouts and work for what you get. What a bunch of lazy, can't do anything for themselves. You all should be working for what you get and not asking for everyone else to pay for your life. If you get fired then get another job! People like you are what are wrong with society. I bet you all make your parents proud!
Reviewed Jan. 14, 2012
I was fired on 8/10/2011 a few weeks after an incident where the dentist poke my finger with a dirty instrument (blood) on 7/19/2011. The next day after the incident, the CEO and HR of the company of Pasadena Health Center started to give me written ups after they realized that I was in contact with OSHA and Texas State Board dental to report the incident and other incidents that happened at the office. I won the case but the employer appealed and lost. They appealed again to the commission and I lost.
The CEO of the company sent information to the TWC saying that OSHA never found problems at the office which was not true because impose a fine for not complaint with OSHA regulations. Also the State Board is still investigating my complaint against the dentist for her implications in violations of the Code of Ethics. The TWC ignored also that OSHA is investigating the violation of the Company of Chapter XI, which means PHC fired me when the complaint with OSHA was filed. Now, I had to pay back to the employer account because TWC said that I was fired for misconduct.
Reviewed Dec. 29, 2011
I have been requesting benefits for unemployment effective June 12, 2011. I have never filed a new application for unemployment and have worked a seasonal job, the State Fair of Texas, several temporary assignments trying to regain employment. I worked for 6 days on a temporary assignment from Dec. 2 Dec. 9, 2011 and have filed my earnings to UI Support for money earned. UI support has changed my UI benefits within the month of Dec. 2011 3 times and I have not received a payment for unemployment since Nov. 28, 2011. I have been filing my claims and actively looking for employment every day.
I have not received money from my UI benefits and they are telling me that I filed for a new application. I have not even exhausted my first 6 months of funds. My bills are behind due to them not funding me my money that I have earned working for 29 years and putting in, so that in an event I become unemployed, I have benefits to carry my family until I retain employment status. This entire UI system is messed up and no one wants or will take the time to look into what people like me are going through. Please help!
Reviewed Dec. 20, 2011
I filed an unemployment claim on 8/19/11. I was approved for benefits two weeks later. The company appealed the ruling and requested a hearing on 11/3/11. I had only 14 days to appeal, yet the company had from August to November to file their appeal. Of course, they won the ruling. If the original hearing officer does not have the authority to approve benefits, they should not be given the authority.
Reviewed Dec. 9, 2011
My former employer hired me before doing a background check. I had been working there a little over a month when I was "red flagged" by security due to my criminal background report. It was determined that I could be cleared by security with a letter of warning. However, my employer did not follow protocol during the hiring process. As a result, she started a paper trail on me that would last three weeks up to my termination. The final document was an outright lie. I immediately called the HR department and was told that I would be contacted.
Meanwhile, I filed for unemployment. After a week, I still hadn't heard back from anyone in HR so I called them back and was told once again that I would be contacted. I was granted unemployment benefits from the state of Texas, where I lived and worked. After a few months, I received a letter in the mail stating that my former employer was appealing my case. I continued to receive benefits until the hearing. A few days after the hearing, I received another payment. The following week I received a letter in the mail stating that I was being denied benefits and the decision to grant benefits was being reversed in favor of my former employer. The letter said that the case was a wash, and it was a case of he said, she said. But my testimony "seemed deviant" so they ruled in favor of the employer.
It also stated that I may be required to repay the benefits I had already received if the Texas Workforce Commissioner decided that I had been overpaid by fault. I immediately filed an appeal. A few days later, I received a bill from the TWC in the amount of $2600 for over payment of benefits. A couple of weeks later, I received a letter stating that they had received my request for an appeal and that they would be determining whether I would be able to appeal on the date scheduled in the letter. That day came and went. About a week later, I received a letter stating that they were denying my appeal. In frustration, I filed another appeal and sent them the 12 pages of evidence against my former employer for a second time. I was once again denied.
I've tried to obtain a lawyer. But every attorney I've spoken to says that since I was an "at will" employee, it would be extremely difficult to win this case. I've also written to the media and to governor Rick Perry's office, but no one is doing anything about this. To summarize, my former employer failed to do her job. So in order to save herself, she filed false documents to my detriment. Now I am being forced to repay benefits because my former manager lied to save herself. When I went to HR to file a complaint, I was ignored. Consequently, I am stuck paying a bill for my service with their company. The employer has the burden of proving that I did what they say I did, but they did not.
Reviewed Nov. 30, 2011
November 15, 2011. I was denied benefits because Texas Workforce Commission stated that I was overpaid and that I was paid for benefits previously covered. They are truly corrupt. I appealed the decision and asked for any and all documentation pertaining as to who, why, and how they came to this determination. Somebody needs to get fired if they are making so many mistakes. I believe documents can be easily generated since they have access to their own computers. I guess they feel they can send any letter and state that you owe them. They can't be trusted any longer. Remember, they are a government entity with too much power which they gave to themselves. I’m awaiting an appeal hearing and I don't know how long that's going to take. I want proof from them.
Reviewed Nov. 29, 2011
I am extremely angry at the system's decision, about giving me unemployment. I served in the United States Army. I am a US veteran for 6 years, and 2 combat deployments under my belt, from which I honorably discharged on Sept 16, 2011. I came home to nothing, because the military messed up my paperwork, when I was deployed, and got my family evicted. So, I came home to no home at all! I am still homeless, and the only thing I had was my unemployment. I tried to work, but because of my P.T.S.D ( Post Traumatic Stress Disorder), I found that I wasn't yet ready to be around large crowds. I flipped out in my cubicle. I could've gone straight to jail if I had stayed.
I talked to the management about what happened, and they told me to go ahead and seek help, and that they understood! So I quit, so I could make it to the appointments, at the VA Hospital, or places equivalent to seek help with my conditions (I have only been in America for 3 Months since then). I recently found out that After explaining this to the people, they still cut it off! What! PTSD is a real medical condition! I have a friend who had about 30 jobs in the last 2 years, because he never sought help after getting out of the military. I am trying to do the right thing, but the right thing seems to always render the wrong results. Please prove me wrong. I am on very thin ice here.
My wife has a job, but no way to get there, because my unemployment was helping keep up with everyday expenses. I have 4 children, of which the two boys live with me and my wife. I cannot pay for a babysitter anymore, to buy the time I need to get help. I have nothing else left. I am getting tired of people punishing me for trying to be a good citizen.
Reviewed Nov. 25, 2011
On September 22, 2011 I was indeed wrongfully terminated from Convergys corp; discharged for violating company policy that was never mentioned to me or communicated to me in any form or way. This policy was called fraternizing if I spelled it correctly. Later research indicates that this policy indicates that no high level staff can date any employees in influence of scope. When I was interviewed by a high level staff in HR (Ms. ***) I was told that there were two young ladies complaining that I dated them and socializing on a social networking site which I had no idea what they were talking about. I immediately denied allegations and I requested details. Although, high level HR representative denied my request since all details are confidential and laughed at me indicating that they had proof such as text messages from my phone and comments on a social networking site.
This interview took place in a small conference room with my manager and on-boarding supervisor with in my department of training on September 21, 2011 and it was for about 30 minutes. I later was sent back to continue my duties as a trainer. The following next day, two hours in my job, I get called into the same place to be told that the social networking site resulted not to be true, however, they were going to go by text messages that had came from my phone which I didn't have a clue what they were talking about to dismiss me. I again stated that I didn't have no clue what they were talking about and I politely ask for details because it was unfair being dismissed for allegations that are not true.
That's when Supervisor *** stated that it was because I had reported unprofessional/misconduct behavior on several employees and retaliated against me. HR representative interrupted the on-boarding supervisor so that no more information was able to get out. On-boarding supervisor *** was then asked to walk me to the exit location and on the way out to the exit door. Supervisor *** apologized for everything and that it was not his decision but Candace *** simply because she didn't like me. The following day, went to my relative's home which whom I lend my phone out. I then find disturbing text messages indicating I was going to be fired from one of the accusers. That's when I figured out what was going.
Former friends from the job site were upset that I almost caused someone's job due to bad behavior on a messenger from work and found out it was because I had reported. It didn't make no sense why I should have been discharged if I was doing my job. I immediately filed for unemployment benefits since I have a little 10 month old child to take care off. I had no idea I was going to receive a message notification on the unemployment website from Raymundo to contact him. I was waiting for some type of email or letter on the mail. So I called Telesev 800 number and I was told that since I didn't contact this individual my unemployment, benefits has been denied. I than logged online at the TWC payment request page to see what was going on. It stated that this gentleman tried to contact however that the attempt failed and therefore left a voice message.
One thing though my cell phone does not have voice mail capability. This concludes that this gentleman clearly didn't make attempt to contact and favored the employer with no evidence. I then appealed however had a rescheduled appeal hearing because former employer didn't send me their proof to be disputed in the hearing. I then received packet notice along with former employers evidence which includes an altered document indicating of such policy that was never communicated to me with my signature on a different sheet of paper. It is clearly that my former employer provided a falsified document in which they violated certain penalty acts and statues. I'm just in disbelief that such employees from the TWC work in such a manner and that such decisions affect someone's life. Well I have a hearing on December 5, 2011 in the morning and which I have provided policy documents that I have signed and contacted several witnesses as far the young ladies comment to be false. I am looking for assistance as well assistance for the forged document that was submitted from my former employers.
Reviewed Nov. 23, 2011
In April of 2010, I was terminated from my first job, for reasons that I know were for discrimination. At first I was denied unemployment, but after months later, I ended up proving my case during the appeals process. Also evidence came out during this hearing, which plainly suggested wrongful termination, but the TWC EEOC Division swept my case under the rug, and didn't even do anything, once the case was reviewed and accepted.
This is another story. So in June of 2011, I started working for Sonic Drive In in Fort Worth. I worked there for about 2 weeks. I was scheduled for only 3 days (Tuesday, Friday, and Saturday). On June 17th I was schedule to work, but the store manager sent me home, because she said it was slow. She also said that she had called and left me a message, telling me not to come, but that was a lie. I was a little upset because I did have to drive from Mesquite to the other side of Fort Worth. On Saturday morning, which was the 18th, I sprained my ankle at the gym. I called the store, and informed the person in charge that I would not be able to make it it to work that night, and to leave a message for the store manager to call me back. This was around 11:00. At around 8:00 PM, I called back, and talked directly with the store manager. I asked her if she had gotten my message, she said no, and said that she thought I had quit.
I explained to her that wasn't the case, and that I could return to work on my next usual day, which was Tuesday. So before I left to go to work on Tuesday, I called the store to make sure that I was still needed, because I didn't want to drive all the way to Fort Worth again, only to be turned around, like I was on Friday. The assistant manager told me that I was not even on the schedule anymore, so I asked her to have the store manager call me. A week went by, and I heard nothing, so I called again, the store manager was not there. I called again the next day, and I was told that the store manager was on vacation. I left messages both times.
Needless to say I never heard from this employer again. I was using Emergency Unemployment benefits at the time, and since I wasn't a full time employee, I was still reporting my wages and hours, while I was working. Around the first or second week in July, a message appeared on the TWC website, where I reported my wages to call a number because there were issues concerning my previous employer. I called and talked to a lady and I told her that I wasn't working because I wasn't on the schedule anymore, and the employer hadn't returned any of my calls. So my benefits were approved. Then I get another call from someone else. She didn't have any of my information written. She called and asked if my name was Jeffery **. I said no, and gave here my name, and social. She asked if I had filed for unemployment. I said yes, back in April of 2010, and that was the end of that conversation.
At the end of July I received my benefits check, and it stated that it was my last one, because I quit my job. So I had to appeal again. It says that you have to wait 6 weeks for a hearing. My first hearing wasn't schedule until October 11th, which was more than 10 weeks after the fact, and after I called to see what was going on. I called in on that date for my hearing, 30 minutes before like it stated. The lady took all of my information such as social and the number in which I could be reached for the hearing. She stated that my hearing officer would call at or around my scheduled hearing time. No one ever called me so I assumed that the employer didn't call in.
Two days later, the TWC website indicated that they affirmed the previous ruling. I immediately emailed everybody in the TWC office, and asked how could you render a decision, and I wasn't present. I asked if they were doing appeals hearings without the parties involved. The first response I got was that they tried contacting me several times, which was a lie, and that in order to get another hearing, I would have to appeal this decision, and show cause for another hearing. I emailed this person back and stated that I was not called at all about a hearing, so why would I have to prove anything. The next day I received an email from someone higher than this person and he stated that a continuation of jurisdiction had been issued, so I could get another chance at this hearing. So a month later, November 15th, I had another hearing scheduled. I called in as usual and the officer called me for my hearing. The employer, however, did not call in. So we proceeded with the hearing.
A few days later, I received a letter with the decision in it. The hearing was to cover three issues: whether I was entitled to EUC benefits, whether I was overpaid EUC benefits, and whether I qualified for a waiver of repayments for those benefits. So only one of the rulings was changed, which was the one in which, I am eligible to receive EUC benefits. But in order to still receive the benefits, I would have to repay the amount they claim I was overpaid, because it stated that I didn’t do enough to protect my job.
This also would mean that since I have been working since August, that I am not able to receive my EUC benefits. The section under the fact finding didn’t match up with what I had stated to the officer. The TWC is doing all it can not to have to pay people. All of them are crooked. I had phone records and everything to back up my story, and the employer didn’t even bother to phone in. I did not quit my job, and if it was the employer making a claim against me, and I wouldn’t have phoned in, then I'm sure they would have taken their side. It is all unfair. I had to relocate to Chicago.
Reviewed Nov. 15, 2011
In March of 2009, I underwent a double mastectomy to treat my stage 1 breast cancer. After taking less than 6 weeks off, I returned to my job. In Oct., my husband's sales territory in Lubbock, TX was eliminated and he was offered a job in Tyler TX (he had to take it or lose his job and our health benefits). I had worked for my employer in retail for 4 years and had been an excellent employee (the owners words at our hearing). The position was in retail sales and I did not have daycare on Saturdays for my 6 yr. old daughter because my husband had to leave immediately for his new job (I had surgery on Wed. he had to report his new job the following Monday). I tried to find a state certified day that offered Saturday care but there were none in Lubbock. I even sent a list to TWC.
I asked my supervisor if I could job share or work on Sundays ( a shorter day and less expensive to hire a private babysitter). Position was straight commission so I was the only one not benefiting by not working on Sat. but I was told they had never allowed anyone to skip Saturdays (I even offered to work one a month). I was forced to quit, told I no longer had a job. Filed with unemployment and was denied time and again even while citing a precedent that had been set in a previous case (the state says that if there is not adequate care for an underage child, the employer must amend the schedule). I still could have worked 40 hours a week without working Saturdays, but time and again I was denied unemployment because I quit for no reason.
Mr. *** even said he didn't fire me I was an excellent employee, but he also agreed that I was not allowed to work there if I didn't work on Saturdays. TWC kept denying my claims and finally I had 14 days to find legal representation and could not find anyone in Lubbock willing to take my case. I still feel very strongly that I was unfairly denied benefits. Later that year, when many of his employees had quit, Mr. *** called back one of his old employees to work "part time" even tho' he said he had never allowed parttime employees (and in fact he had in the past). He lied to TWC and TWC didn't care about any prior rulings, they were going to deny me benefits no matter what. It's all a sham. Employees pay into unemployment funds and never get to collect. The system is so rigged in favor of employers. It's a wonder anyone collects
Reviewed Oct. 27, 2011
I worked for a doctor in Webster. In December 2010, I was reprimanded for several items and had almost 2 weeks' pay withheld for taking too much time off (which was not true). In fact, none of the charges were true. I had worked for her for almost 6 years and as her Office Manager, I had turned her practice around dramatically. I was given several bonuses of $5000-$10000. The last couple of years, the doctor had changed. She is in her late 50s and married a young kid, about 22. She had problems with her ex-husband and was ordered by the court to take anger management classes.
Some of her personal decisions had a bad effect on the business. We had always got along real well, but she got mad at me over some small detail in the office. That was when she gave me the reprimand and docked my pay. I got mad and quit. After several months, I finally got my back pay with help from TWC. However, I have been denied unemployment because I quit my job. I have lost 2 appeals and I don't understand why. Should a person have to put up with this from an employer? I am very dissatisfied with the whole process.
Reviewed Oct. 10, 2011
Texas Workforce Commission is the most awful government entity on the face of Earth! I was wrongfully terminated by my former employer when I got sick and was under doctor's
care. Before my illness, I have complained about horrible working conditions such as having to work constant overtime, not having position description (working as Quality Control Coordinator), not being allowed to have any doctors appointments (I had to get permission from all management including MicroConsult president, Laboratory Director and Laboratory Manager), or in other words I had been forced to stay at work when I needed immediate medical attention.)
I have never seen my position description and after 9 months of my employment, I called U.S. Department of Labor asking what do I need to do. The lady on the phone responded that she is on duty and is not accepting stupid phone calls because this is impossible. When I reassured her that this is true, she said that in 20 years of her employment with US Department of Labor, she had never heard about employee not having his position description for 9 months of employment!
Once, I asked my employer to provide the position description and started a complaint about a misconduct that his relative was engaged in, they arranged meeting of three against one, and said they found some mistakes in the reports I have been reviewing. I decided to quit this horrible employment, but when excruciating pain hit my back, I went to the doctor and he excused me from work for the entire week. On the second day of my illness I was terminated, via e-mail!
All these issues had been documented and presented to Texas Workforce Commission along with the doctor's certificate. I have not been warned or reprimanded verbally or in writing, and since my employer did not have any documentation supporting his decision to terminate me, he just simply said that I said I have been falsifying reports!
Even though my employer never sent any evidence of any falsified or inaccurate reports, his words were taken for granted. My appeal with 85 pages of supporting documentation was simply ignored and I never had a chance to open my mouth and say what happened.
During three hearing sessions in six months period, I had not been given opportunity to present my testimony and none of my documents had been introduced into evidence. The Appeal Tribunal made the decision that was based on my employer's statements and decided that I am not eligible to receive UI Benefits.
I appealed the decision to the Commission; however my appeal with detailed analysis and supporting documents of 65 pages total was ignored by Texas Workforce Commission saying that they affirm Appeal Tribunal decision in all aspects. This was only sentence in the Commissions decision and I can only assume they did this on purpose just to keep money in house. Now both: the employer and the Commission can keep money in house, and to my opinion, all these proceedings were used to cover their unlawful decisions much like the fig leaf to cover the nudity. They use them in any way which is convenient to them and to the employer turning up and down and reversing like a sock just to keep employers' ** saved and to not pay the money for people who are in need to get them.
The hearing officer was dumb annoying arrogant and not able to understand things that every third grade kid would easily pick up. He was unbelievably rude when talking with me in cutting my answers halfway and treating me like a criminal prisoner, but he was so sweet with my employer and so helpful in telling my employer what to say, what to ask, advising him to submit termination letter (employer forgot to submit it to the commission) because they both: my employer and TWC had one goal: to prove I have committed misconduct! Everything was just a matter of how to ask the questions, as for example if you would asked, have you ever been told you have committed misconduct? They will push you hard until you say you have seen this in termination letter. Once you said this, they are considering this an evidence of misconduct.
I definitely think that TWC should be released off duty and that it is our fault they are still crashing people's lives and being paid salaries out of tax money. I would encourage everyone to report their misconduct to the appropriate government entity, which I believe is the U.S. Department of Labor.
This is disgusting, not to mention falsifying TWC records (when you see statements you never said in the hearing packet), which I believe is a criminal offense.
Reviewed Oct. 9, 2011
Texas Workforce Commission is the most awful government entity on the face of the Earth! I was wrongfully terminated by my former employer when I got sick and was under doctor's care. Before my illness, I have complaint about the horrible working conditions such as having to work constant overtime, not having position description (working as Quality Control Coordinator), not being allowed to have any doctor's appointments (I had to get permission from all management including Microconsult president, Laboratory Director and Laboratory Manager) or in other words, have been forced to stay at work when I needed immediate medical attention.
All these and other issues had been documented and presented to Texas Workforce Commission, along with the doctor's certificate. I have not ever been warned or reprimanded verbally or in writing and since the employer did not have any documentation supporting his decision to terminate me, he just simply said that I said I have been falsifying reports! Even though my employer never sent any evidence of any falsified or inaccurate reports, his word was taken for granted. My appeal with 85 pages of supporting documentation was simply ignored and I never had a chance to open my mouth and say what happened.
During three hearing sessions in six months period, I had not been given opportunity to present my testimony and none of my documents had been introduced into evidence. The Appeal Tribunal made the decision that was based on the employer's statements and decided that I am not eligible to receive UI Benefits. I appealed the decision to the Commission, however, my appeal with detailed analysis and supporting documents of 65 pages total was ignored by Texas Workforce Commission, saying that they affirm the Appeal Tribunal decision in all aspects.
Reviewed Sept. 28, 2011
They still ruled that I quit, therefore, they want me to pay back the money that I received during that time, when the temporary agencies did not have anything for me and stated, "We never talked to her." So I guess, all those timecards and paystubs I have from the agency means that I received payments from some unknown company.
Reviewed Sept. 18, 2011
When I filed for unemployment on June 14, 2011, there was a company named Harper Services on my work history. I told TWC that I have never worked for that company nor have I even heard of that company name. She said that she took it off and she quoted my benefit amount if I qualify. On June 17th, I received a statement of benefits that still stated Harper Services as an ex-employer. I called TWC several times and finally received a phone call from Esperanza ** on June 23. She said that she was investigating the case to make sure I qualify. She asked about Harper Services three times during the conversation. All three times she was told I don't know this company and I've never worked for this company. She said that she would take the company off my record. On June 25th, TWC mailed me a determination of payment, in which the decision was they would pay me benefits. And it also states that Outreach Health Services is my employer, which is correct. Not once was Harper Services mentioned on this statement.
On August 1st, I finally received my benefits. On August 12th, I received a statement that they didn't take off Harper Services and they overpaid me because of Mrs. **'s mistake of not taking Harper Service off. I should not be accountable for a mistake that was made by TWC.
Reviewed Aug. 15, 2011
I was disqualified because TWC said I quit my temp assignment that was completed on June 23, 2011. The agency did not have another assignment. I am still eligible to work for the temp agency. It’s just that they don't have anything for me and since you cannot turn down a job offer, I took another assignment with another agency. I have already written an appeal letter.
Does Texas Workforce Commission understand what temporary works mean? I contacted Texas Workforce Commission on May 4, 2011, before going to work temporary, and asked if it was okay for me to work temp assignments as long as I filed my weekly wages. The answer was yes. Then I was informed that this would not interfere with my unemployment benefits. Well, it has.
I never quit my job; my job assignment that began May 9, 2011 was ended on June 23, 2011. I worked 10-hour days from Monday to Thursday with Fridays off.
I contacted the agency on June 23, 2011, before the end of day, to let them know the assignment had ended and to see if they had another assignment. I was informed "not at that time, but to check back Monday". She also asked me if there was any chance that the contracting company would be renewing RPC's contract. I informed her that I did not know.
I contacted the agency again on June 27, 2011, to see if they had another assignment and I was informed "no, but give us a call back next week". When I first became unemployed on April 29, 2011, I contacted several temporary agencies. You just don't sign up with one agency if you are serious about working.
On July 5, 2011, another temporary agency contacted me and asked if I was available for work for an assignment that would start July 11, 2011. I accepted the job offer. If I had turn down the new temp assignment then according to TWC I would have been in default of my existing benefits.
There is no documentation at the agency that I quit or refused any job assignments during the week of June 27, 2011 to July 1, 2011. I filed my claim on July 10, 2011 and I followed TWC rules and guidelines.
If I had quit my job with the temp agency, which is what Texas Workforce Commission has stated, why am I still eligible to work for this agency as a temporary employee? I spoke with the agency on August 5, 2011, and nowhere on my file (job record) does it indicate that I quit.
He did state that the paperwork submitted to TWC was done incorrectly because they assumed I was trying to draw unemployment benefits. I informed him that I was already drawing unemployment benefits from my last employer and that I had been filing my weekly wages with TWC since my first filing day back in May. He also asked me, “Was I able to find another assignment since my last assignment ended?” I informed him that I started another assignment on July 11, 2011.
He apologized and said he would research this situation more because he was not the one who completed the paperwork to TWC. I informed him that I would be appealing the decision.
My employment benefits are not from the temp agency. My unemployment benefits are from a previous employer, where I was laid off from my job on April 29, 2011. According to TWC’s "How Temporary Work Affects Your Unemployment", I followed TWC guidelines.
Temporary work is just what is says, temporary work. When an assignment ends and the agency does not have another assignment for you, what are you supposed to do? Keep waiting and turn down a job offer? It appears to me that TWC is a one -sided organization who will always look for ways to accuse honest individuals who are drawing unemployment benefits of lying, cheating, or quitting. I believe in working to take care of myself and I don't like relying on the State to do anything for me. It just amazes me how TWC will only go after honest individuals but the ones who don't bother to look for any type of employment and lie about job searches are the ones TWC never bothers.
Reviewed Aug. 8, 2011
I was fired from my position at my family business, which I was a partner in. I initially won my first unemployment hearing, but after the final appeal, it was determined that I had quit my job. I had emails stating they were sorry about my unfortunate termination as well as many other facts (documented under oath) that they had perjured their statements, thus, having TWC overturn the initial ruling. TWC failed to look at any of these documents, only taking statements from people who were not even qualified as witnesses under the TWC guidelines.
It was clear my employer had "mocked up" my employee file (again, documented under oath). I had no recourse as TWC stated time had run out to file the final appeal. I clearly did not have the funds to combat the TWC and had no recourse but to accept the ruling.
Reviewed June 10, 2011
On February 03, 2011, I received a phone call from Unemployment Investigator Hector **. Mr. ** wanted me to defend my position as to why I felt my employer terminated me due to a "no-fault" vehicle accident, that way my unemployment benefits would be paid to me. I immediately faxed him a letter from the witness to the accident that happened on 12/02/2010. On February 04, 2011, Investigator ** changed the ruling to the decision of "at fault" made by my former employer, to "failure to perform to employer satisfaction." By doing this, no unemployment benefits would be paid to me. I have copies of all documents showing this. I then appealed the decision to Hearing Officer Charlene ** of the Austin Appeals Tribunal, concerning the forged signatures within documents of my personnel file but Hearing Officer Charlene ** paid no attention to the fraudulent signing of the documents in my personnel file and ruled in favor of my former employer.
Reviewed May 5, 2011
I was fired from my job. The owner of the company told me that I had quit but I had not quit. I applied for unemployment and won my initial claim hearing. Three months later, the owner appealed the decision and got two other employees of his to lie and say that I had quit. He won the appeal because of this. The Texas Workforce Commission was incompetent to handle the responsibility that had been laid before them. It was incredibly sloppy. They don't realize that they are dealing with people's lives! The owner discredited his own story and that of the two other employees during the hearing by blatantly stating something opposite of his prior statements multiple times and they were not able to determine that he was lying.
When they sent the determination packet to my house, it had the summary of the trial included. The people got names wrong and information was severely askew. They twisted my words around to make it sound like I had said something I did not say. They just put down their own version of the story. They didn't even get my gender correct! They kept referring to me as "she"! Are these people who cannot comprehend information really competent to be the sole mediator in these issues? Do they understand they're dealing with the livelihood of people? I have never been so insulted or felt like less of a human being.
Reviewed Feb. 8, 2011
I have been fighting with the Texas Workforce Commission since June of 2010, because I quit my last employment of 5 years to relocate to Illinois to help with the care of my 83-year-old mother since the death of my father. I stated it was not a work-related reason. Now can I ask you and any of them if the shoe was on a different foot, would you not drop everything to do what I needed to do? I worked for a very unfriendly and unsanitary place with the 4-letter word rhyming with truck spoken within the first 30 minutes of my first day of employment here in Illinois for the 6-week required period which I could not refuse because of the aforementioned appeal. Driving 90 miles a day for $10.00 an hour with gas prices being as what they are. Now I received a notification stating that I quit my job because of the work conditions. I was told to leave and file unemployment by the president of the company, job was falsely advertised. I was lied to by this so-called employer.
I have been in debt and about to lose my vehicle, my credit is ruined and will not be able to get back into my field of work because they run credit reports, and can't get my prescription filled for seizures. The unemployment rate here is 10% and with no avail of approximately 100 job applications and resumes being sent out.
Reviewed Jan. 13, 2011
I was receiving unemployment benefits when I took an “as needed job”, which started December 1, 2010. I worked one day that week and one day the following week. The next two weeks, I did not work because there was no request from the employer. When I made a payment request on December 26, the computer put it on hold (due to no work claimed). When I spoke with someone at Texas Workforce Commission (TWC) and explained that I still worked for this company, but they did not use me the last two weeks, I made a foolish mistake of talking freely with her about the hours I worked, and having to take a cab back to where I reside and the expense of it. She asked if I still worked there, and I said, “Yes, I am still employed there.” She then stated she has to send a letter to the employer. I told her I had no problem with that. She also stated she would release the funds that day, and I would receive it within two to three business days. No funds were made three days later (Thursday). When I called TWC back and I spoke with another person, they said it was still on hold. They are waiting for the reply from the employer, who had replied on the 11th of January 2011.
They did receive a response from the employer on the 11th, which indicated that I was not on laid off; meaning, I still worked for them. We began to discuss the transportation issue of the cab. I once again informed them that I still worked for this company (Corpus Christi Nursing and Rehab), and the cab issue was only about how much it cost, and I still worked for the employer. Later that day, I noticed on the TWC website that I was disqualified for benefits because I quit from my job. That was a lie. When I called them back on December 31, 2010 thinking they received something back from the employer, I was informed I was disqualified base on my statements only, and the employer had not responded yet. I was shocked! I never told anyone on any phone conversation that I quit on the job. In fact, I still worked there.
I did some research on Texas law, and I found the Texas Labor Code, section 208.023, regarding a request for redetermination. The law provides that the re-determination is the appeal. When I looked at the law (through the Internet), this is how it was worded, “A claimant within 14 days after the date the commission mailed notice of the commission's determination to the claimant under section 208.022, may request a redetermination of, or may appeal the commission's determination of the validity of an initial claim in the manner provided by chapter 212.” I see that these are two different things--the appeal and the redetermination. What I was told over the phone was there was no re-determination.
I am now facing homelessness, and I am going to a shelter. I have no funds now to seek employment out of my current city, and I have already set up two interviews in other towns that I will now have to cancel due to the lies of the TWC and them falsifying my statements I gave over the phone. Due to being hard of hearing, I often times record conversations to play back later to make sure I understood them. I did record the conversations, but erased them not thinking this was going to be a problem, now I wish I hadn't What else can I do beside the appeal? Is it legal for TWC to falsify my statements?
Reviewed Dec. 10, 2010
I am not quite sure what their problem is. I left a job at a bad time in August 2008 and I was approved for benefits. I promptly found a part time position that didn't pay nearly as well but kept me busy while I searched for full time work. Because of the pay and hours however, I was still able to collect unemployment benefits. In August 2009, I renewed my application for benefits and was approved with no problem. In June 2010, when Congress did not act to extend benefits, I fell behind on my rent and I got evicted from my apartment. During this process, I had talked with my manager and together we determined that it would be best for me to resign and look for work elsewhere that would pay my bills.
I resigned at the end of June and moved to Oregon to help out a friend. I thought that once Congress approved the benefits again, I would be able to have enough to complete my move to Seattle where I had spoken with several agencies who told me that they had plenty of jobs that I would qualify for, once I got there. Well, when benefits were finally restored, I got a payment for those weeks, and then I got a letter saying that I needed to re-qualify. I went through that and my application was denied. I waited several weeks and then TWC called me to apply for benefits under my last employer. We did all that on the phone and the person taking my information said that there should be no problem.
I got a call a few days later from an investigator who asked why I had left. I told him that I was being evicted and had no other place to go. He had the gall to say that I should have moved into a homeless shelter. When I got my determination, I was denied benefits. I had to send in three appeal requests before one was finally acknowledged. I had my hearing and told the officer that I left because I was being evicted, attached are copies of the legal notices, and that I had contacted both my manager and some agencies up here that said they had jobs. My hearing was on the 1st of December and I got my determination today, December 9, again, denied.
Was I supposed to live on the streets with my kids? As it is, the kids are still in Texas and I am up here in Oregon still looking for work. I tried contacting the Senators and Representative from my district, only to get canned e-mail responses from one senator, no response from the other and I am unable to contact the representative, as his site isn't working properly! You know, if they would just send me that money, I would be out of their hair. With the money in hand, I can finish my move to Seattle and be working so they would not have to pay anymore benefits! Don't they get this?
Reviewed Nov. 23, 2010
I am a highly qualified African American with years of work experience (teaching/retail management and entrepreneurial experience), and a four year college degree. I keep my TWC records updated, yet they keep placing job leads that makes me look low skilled with no education. I do not have any disabilities, but the jobs they place in my job bank, makes me look as if I do. After my last experience, I am afraid to even use TWC job leads. I'm not **, and neither do I have any disabilities. I am afraid to even respond to their jobs, because I don't know who they are sending me to. Even after, starting my own business, launching it this year before the public eye, TWC still ignores all of my qualifications. To me it's discrimination.
Why can't they forward a suitable job lead to me? I have utilized the proper key words, they teach you that in job seeking, job training seminars. And by the way, who says I can't continue to grow my own business while still working for an employer, as long as it does not affect my performance with the other employer? My business can be my part-time job. One, while someone at TWC had pulled me from the job bank, reasoning that I had my own business. Well, just because you are trying to grow your business, does not mean the business is profitable or self-sufficient yet. My business was and still is not in a position to support me, my child, or itself (with capital gains). I am still taking a loss.
However, for me to understand the various functions in a business should tell TWC, that I am not just a telemarketer. I have even attended graduate classes here in Texas. It can be quite frustrating, when you are trying to support your household. You try supporting your household with minimal wages, and working these part-time jobs. If I could find a decent job, then I can do better, and my business can do better. Most of your job force is supported by people trying to run a small business. If mine could get out of the starting stage, maybe I could help TWC provide jobs for other people. Think about it. Stop trying to keep me down, and allow a person to grow and progress, so that we all can take a bite out of the 9.6% unemployment rate.
I have been deprived of life, trying to live down here in Texas. I am ready to move to another state, considering how I have been treated. Constantly unemployed, underemployed, and now unable to even provide finances to grow something that can help generate jobs for others. I see why you say, "don't mess with Texas", because Texas can be so messy with other people's lives.
Reviewed Nov. 2, 2010
I am upset because while I have been looking for jobs for over 2 years here, a few times I have had employers call me on my cell phone, which I keep on vibrate. However, the staff has asked that I not talk on my phone while in the office, yet they can talk on their phones and have the ringers on. How is this fair?
Reviewed Sept. 22, 2010
I was employed with a healthcare company for 15 years. I am currently still unemployed now over two years. Through the Obama Stimulus package, I was allowed a couple extensions after my benefits had exhausted. I worked for what I was told similar to a day labor job delivering phone books for less than one day. Due to the physical demands of unpacking and re-bagging then delivering and completed my SUV load over 250 white and yellow pages in 6 1/2 hrs. However I was not able to continue my 2nd and final load the following day due to muscle spasms. After a brief conversation with the company clerk, I was told my check would be mailed (which resulted in a payment of $46.31) and I was out the door.
Now the horror begins! Following the rules of TWC, I reported the less than 8 hours worked and my claims from January-June 2010 were placed on hold. Per TWC the company had reported I quit thereby no further benefits were being allowed! I was advised of my appeal rights and continue to file once a ruling was determined. My first appeal was denied and I requested a hearing (2nd appeal) which took over 3 months as I was told my assigned agent was not available on my hearing date and it needed to be rescheduled! All the while I had no finances to sustain my daily living.
The hearing was eventually held and I was to receive a decision by mail of which no letter was ever received however all withheld benefit payments from January-June 2010 were released and I assume this was their decision. I was wrong! I received a letter dated August 24th, requesting an overpayment for the released payment from January-June stating benefits were paid in error! I have worked only two other temporary jobs since the phone book delivery company and now all my current benefits are now being recouped for the over payments. I have followed and adhered to all the guidelines TWC requires. and for them to automatically take back the only means of finances I have that was ruled in my favor according to their actions by releasing benefits payments after the hearing was completed is an profound injustice over $46.31 and should not be allowed by any agency. How can I win against a government agency? I am in serious need of assistance.
Reviewed Aug. 21, 2010
I would like an appeal against Texas Workforce Commission. They trying to pay money back that I was eligible for payment.
Reviewed Aug. 9, 2010
A store manager of ours was terminated for the following: marking prices down in the computer system below listed price, undercharging customers for mechanical work (based on amount charged by mechanic on invoice), forging shop employee's signatures on completed work order tickets, falsifying mileage on customer vehicles; stealing postage from the company postage meter for personal mailing purposes, stealing money from the petty cash bag for personal cokes/snacks, excessive use of personal cell phone/text messaging; using company internet for personal use on company time, ordering and installing parts on personal vehicle that were paid for by our business without getting authorization; inability to maintain shop inventory and manage employee hours, making derogatory comments about our business, shop procedures and management to other employees and customers; and turning away customers before the shop closed because the job may take longer and he did not want to stay past the closing time. We take all customers up until closing time, regardless of the job length required.
When I was denied unemployment benefits, I received a notice stating that I did not respond in a timely manner and the claim was being paid. This is incorrect. Not only did I speak to a representative, I also faxed them all requested information. I appealed this once again and a phone hearing was set. I later received a letter stating that the standing remains the same and the employee will still be receiving benefits.
After carefully reading this report written by TWC, I noticed several discrepancies. In several paragraphs, it references that there was a four month gap from the time of employee’s last precipitating incident and employee’s termination date. This statement is untrue. From the final notice meeting held December 7th, 2009 until the date employee’s job was posted for replacement on January 15th, 2010, there was only a one month gap. Since we are not a large company with multiple employees, and only have two men on our sales team, it was imperative that the employee’s position was replaced before he was terminated. A replacement was found on February 19, 2010, the same day the employee was terminated, once again leaving only a one month gap. This totals only 2 months in total from the time the employee was placed on probation and the day he was terminated.
Another paragraph stated that the act of misconduct on the claimant's part was shown three months prior to the claimant's discharge, which is also an incorrect statement. The samples send into TWC were all dated in the month of January 2010, some of which dated January 28, 2010, which is only a little over two weeks prior to the claimant’s discharge. I only sent in very few samples because I did not feel it necessary to send hundreds of samples proving the same thing. I have samples that dates all the way up to the date of termination if needed.
Under section 201.012, it states the act’s definitions of misconduct. The employee’s actions were classified as an unconscionable act of an employee or supervisor. This is also incorrect. I am certain that the forgery, theft of goods and failure to comply with company procedures would fall under intentional wrongdoing or malfeasance, intentional violation of law or violation of a policy or rule adopted to ensure the orderly work. All of these things listed above were admitted by the employee on the phone hearing held on April 27, 2010. The TWC does not agree with the fact that forgery or theft is a direct violation of the Texas law.
I contacted TWC to see where I could submit the video monitor systems and recording tapes as proof and evidence of such misconduct. I was told that the TWC will not review nor will they accept such tapes. This comes as a great surprise to me since the tape would show 100% fault of work-related misconduct. The employee has openly admitted of his intent to intentionally get "let go" in order to work with his brother at a business, which employee is an investor of and has been receiving monthly income from for several years now for "cash" so he could still receive unemployment benefits and his pregnant wife would then qualify for Medicaid benefits.
I am appalled at the way the TWC conducts their investigations and gathers their information. TWC allows claimants to intentionally break the law and company policy with the intention to get fired so that they can unlawfully receive unemployment benefits, Medicaid Benefits and work for "cash" while evading the IRS on their responsibility to pay income tax. If TWC would have reviewed my tape as evidence, there would be no question as to why the employee was terminated. If TWC would audit employee’s bank statements, they would also see that he has been receiving income from Horsepower Engineering in which he is not claiming as income. The employee just purchased a brand new 2010 Ford F-150 extended cab truck 3 weeks ago. If TWC would investigate that and figure out how financing was obtained to an individual on an unemployment salary with a pregnant, non-working spouse and two other children.
I do realize that TWC has several cases and it would be impossible to review each one on case by case bases. However, with violation of law that the former employee has admitted to doing as well as the blatant disregard to follow company guidelines and procedures also admitted, I do not see how the TWC could justify this to being anything less than work misconduct.
Reviewed July 25, 2010
I was granted unemployment benefits after being fired from my former employer on February 24, 2010. Weeks later, I received a letter stating I was disqualified from the benefits due to employer's contesting that I was fired for misconduct. So, I appealed the decision. Texas Workforce stated they made several attempts to reach me and left a voice mail stating if I didn't reach them.
I did not receive such a voice mail, but during the times they said they made this call, I did receive numerous hung-ups, when I answered my home phone (Not to mention, I requested they call me on my cell phone due to job hunting). So since I couldn't be reached, they made a decision to uphold denying me benefits--a finding towards the employer.
The employer didn't inform me as to why I was being terminated; I never received any type of corrective action since my tenure (which is close to 3 years) with the company (Sprint). Not to mention, I was interviewed for a position in management the day before.
When I received my hearing packet and noticed documents that couldn't be deciphered, my former employer did not cooperate in providing crucial information from my employee file (such as employee evaluations, clock times, employee trainings, and any corrective actions taken since my employment with the company). I was told that such would be passed on to their legal department, and it could take up to five business days.
Once I finished the conversation with the former employer, I called the assigned TWC H.O. (Mrs. **) once again to ask to reschedule and that the former employer is not cooperating again and if they could be subpoenaed for the documents. I received no return call. It stated:
"Your tribunal hearing -- Information & Instructions --- Schedule conflicts/Hearing postponements are not ordinarily granted. However, If you have a justifiable conflict, notify the hearing officer as soon as possible before your hearing. If you don't, a later request to open your hearing may be denied."
I called Mrs. ** on seven different occasions about the matters above and received not one call prior to the hearing date, May 17, 2010. I did receive a call from Mrs. ** on the 27th of May 2010, telling me only to appeal the decision once again. Now, I once again appealed under Commission Rule 16, 40 TAC 815.16 Good Cause to Reopen. This is the Letter to TWC:
"Please accept this correspondence as a request for a new hearing in regards to the determination letter dated 18-May-2010. lf taken into consideration, Under the Labor Code Sec. 212.102, due to new evidence that's most critical, request of information from my prior employer, such (I was informed on 13-May-2010) is only available from their Legal Department, and no communication from the appointed hearing officer Mrs. **.
"The lack of communication occurred after receiving the initial letter dated 4-May-2010. The supporting documentation provided by my past employer (Sprint) was illegible and difficult to decipher. I attempted to contact Mrs. ** several times in regards to this on the following dates: 7-May-2010, 12-May-2010, 13-May-2010, and 19-May-2010. These calls were not returned. Ms. M. did not respond until the morning of 27-MAY-2010.
"After my phone calls were not returned, I contacted Sprint 12-May-2010 and followed up again on 13-may-2010. Requesting the legible copies of their supporting documentation, I was informed that this information could not be provided until 19-May-2010 due to the process of their Legal Department. As a result, it was under that Sprints' Legal Department.
"I was also in contact with TWC to inform them of the date this new information will be provided as supporting documentation, which was days after my original hearing date. So again, I called Mrs. ** and received her voice mail. I left a message to please return my call. I was present, called the hearing number in ample time on the day, 19-may -2010, which was the date Sprint's Legal Dept. was releasing this information.
"I was informed I'd receive a callback to begin the hearing. 45 minutes or 1 hour had elapsed, but there's no callback. I decided to call back to make sure there was no problem. After providing my Information, the TWC representative informed me that the hearing was two days prior. A day later, I received a determination from the TWC.
"If taken into consideration:1) New evidence as well as firsthand witnesses who are willing to testify.
2) Documents received from TWC copied documents from Sprint that weren't legible that's critical for me to decipher.
3) No or lack of cooperation from Sprint's Legal Department to provide my employee file which is only available through their database consisting of work schedule for the days in question-Employee Evaluations-Letters of Character positive and/or negative to the case filed in my employee records that, as I was told, could only be retrieved by a subpoena but was not informed this until 4:30 pm on 19-may-2010.
4) Considering the employer never informed me to why I was terminated only to find out why when TWC sent me the appeals packet, which on the other hand, the employer had plenty of time (well over six weeks) to make these frivolous, slanderous, and demeaning charges against my character to justify why I was terminated.
5) No communication from the hearing officer after numerous calls and voice messages asking for time to receive the new evidence, gathering witnesses and testimonials from customers with firsthand knowledge in reference to the allegations, and some clarification to certain issues.
"If the claimant receives documents from TWC that aren't legible or can't be deciphered by the claimant, is there a number to call so you can receive these documents so they are legible or for some clarification? If there's new evidence that's critical to the claimant's case that the employer can only access, is there a point of contact that can be reached, or if at all possible, to leave a message to be contacted to answer or give clarity prior to the hearing date?
"I performed my duties to the best of my ability for close to three years, and during that time, I only received praise from my managers, leaders, customers, as well as my peers. I'm confident with this new existing evidence: testimonials from managers and employee evaluations which showed nothing less than integrity, loyalty, commitment, and dedication to the company; and co-workers who were present and key customer witnesses to testify on behalf of these frivolous, demeaning, and slanderous charges brought against me due to retaliation for reporting potential wrongdoings that I brought to my store manager only to be fired in the process months later.
"This is why it is only fair to reopen this case. Thank you for taking the time to read this letter."
After this, I received another hearing officer (Mr. **) with whom the hearing was set for the 1st of July 2010. At the hearing, I was told Mr. ** testified that "I'm not doubting you made the calls to Mrs. ** prior to the hearing." During that hearing, he also requested the information I had asked Mrs. ** and my former employer which they informed him they didn't have.
Mr. ** stated that he would give them time to produce this information and have a continuous of this hearing. But he didn't do a continuous. He provided by mail a packet; it showed the former employer's address. It also showed that the packet was sent in copies to the district manager's home address who fired me. In addition to that, it showed a Page 3C of the issues in the hearing which stated "Notice of resetting. A timely request for a new hearing has been made under the provision of Rule 16 of the Texas Workforce Commission."
Once again, a hearing date was established for the 21st of July 2010. On this day, the former employer did not show nor did they provide Mr. ** with the documents he requested. Even so, Mr. ** proceeded with the hearing without the former employer. After that, he notified me the decision would be mailed to my address.
When I received the decision which it was found that I didn't have an emergency on the hearing, therefore the claim to reopen is denied. So, proving that the former employer did fire unjustly means nothing. For you to have called your appointed hearing officer well over seven times to notify as soon as possible before your hearing of conflicts with your former employer of this new evidence. That fact that on July 21 would mark the 6th month the former employer has refused to prove this new evidence. And the fact that it marks the 6th month that the Texas Workforce Commission has not assisted/subpoenaed/answered a simple phone call or voice mail message to be notified of the new evidence that you inform us to do.
Now that makes the 4th time that Case #1289522 Claimant and Employer: Sprint-United Co. has been sent not to the former employer HR or Legal Department, but to a private home. It marked twice that Sheila ** denied hearing officer Mr. ** of TWC any information of the claimant's employment, evaluation, any corrective action documents, and/or any training on the matters in question.
Employer has denied Texas Workforce Commission of this new evidence, denied documents that they cannot provide from a private address. Knowing if its former employer (corporation) had knowledge of someone other than its Legal Department. Instead, the Texas Workforce Commission hearing officer told me when I reached him that he could not talk to me about the case and ended his call.
Then on the day of the appeal's hearing, I informed Mr. ** of my witnesses who will prove that the SPRINT-UNITED Documents you were sending to a personal address is not where their corporate office is located. But once again, the hearing officer said he was not disputing my witnesses testimony and there would be no need for my witnesses' testimony.
If this is an appeal hearing between I (claimant) and my former employer which has an Human Resources and Legal Dept. that handle theses issues, why is this information being sent to this person's home address? My life has been turned upside down. My house is in foreclosure after months ago dueing a home modification for the 2nd and last time.
I've been suffering with depression again. My family and I have gone days at a time without water, because of the financial strain, And food has been scarce for the last three months. You see, I'm raising three teenagers, married, and raising my newborn granddaughter.
Reviewed July 13, 2010
I was terminated from my job on December 1, 2009, because my employer said that I didn't like my job, which was not true. There was no evidence of work-related misconduct, neglect, or mismanagement on my position. I am still fighting for unemployment benefits. TWC doesn't care how many stories my employer told. I was never reprimanded either verbally or in writing the entire time of my employment.
At first, my employer said I wasn't an employee. I had to prove, through 2 appeal hearings that I was. Then my employer maintained through all of the fact-finding interviews and the first hearing that I quit without notice. I proved otherwise with witnesses at the 3rd appeal hearing. Now, TWC says that I was fired. Obviously, if I didn't quit, I was fired, for just cause, correct? I have been fighting for 7 months, and even though my employer has been proved a liar about 2 separate issues, TWC sides with them. It is more than frustrating! I lost my income, can't get unemployment and have yet to find another job. The economic hardship is as much as a person might expect.
Reviewed July 2, 2010
My ex-employer did not pay my commissions and overtime and on top of that, over charged my last paycheck. The Texas Workforce Commission ignored the documents that supported my case so, I wrote to my representative, and I recommended that if someone had problems with Texas Workforce Commission, to do the same; look up on the internet who is their representative and fill in the online complain. After I contacted my representative, I heard from both, the representative and TWC.
My ex-employer made a fake document about my commission showing a date that I was no longer with the company. I was fired on May and the document that my ex-employer provided to TWC was dated June. TWC accepted that as proof to deny my commission, and completely ignored the copy of the invoices provided by me.
Texas Workforce Commission is working in favor of the employers ignoring the documents and facts presented by the employees. Because of that, we have seen more and more employers being unethical, dishonest, and providing false evidences. Contacting the state representative and senator will show those authorities how bad, rude and inefficient Texas Workforce Commission has been acting against the taxpayers. Texas Workforce Commission denied my wage claim.
Reviewed June 23, 2010
When I was fired from the part time job in October 2009, they investigated while holding my unemployment benefits. I was let go without a warning. I missed 2 days from that assignment. Communication between the manager and myself were made concerning the days I missed. It was on the second time I was absent from work and had spoken to the manager when she let me go.
I appealed the decision which took them months to do. It was in January when I finally received the telephone hearing. I reviewed copies given by the ex-employer of their statements ahead of time. The manager stated that I was a no-show for work on Saturday and that was the reason she fired me. We were not scheduled to work Saturday. Not only that, the owner had written other dates in which were also as no shows. All of these were untrue statements. Especially the date when I started, I filled out an application and other paperwork on that day and did not begin working until the next day.
I brought this to the attention of L. W. during the hearing and she just said oh. It was repeatedly ignored by her. She was also rude and unprofessional. She was siding with the employer, regardless of their lies. I am very disappointed with the way it all was handled. During that time, when benefits were withheld, I couldn't pay my car Insurance and did not drive my car. I had some job offers at that time but was unable to accept them because of my situation. Fell behind on some other bills as well. I felt victimized by the ex-employers and also by Texas Workforce Commission. Aren't they suppose to help us? There is definitely a lot wrong with this system because our rights have been violated.
Reviewed June 15, 2010
I was awarded benefits by initial investigation. Employer appealed the decision and the decision was overturned. The appeal officer and my previous employer were working together and against myself. My former employer called the hearing officer by his first name several times and the hearing officer used language and asked the same exact questions that my former employer asked behind closed doors. He also denied my objection on several summaries the employer provided even after I explained that I had the conversations on tape. I was fired for violating email policy 2 weeks after the department director called a meeting and admitted everyone is violating the policy and that starting from that day forward they would begin implementing/enforcing the policy. This was on 2/2/10.
They terminated me for an email that occurred on January 13, 2010. I was terminated on 2/9/10. I believe the hearing officer was wrong for making up his mind before the hearing started. The first part of the hearing occurred in April and had to be continued until June. Now I am going to pay back $7000 because of this hearing officer? No misconduct or wrongdoing was done after the warning of the policy. When my employer initially reported for appeal they claimed I quit, which is a lie because I was terminated. So starting off with a lie, they still won the appeal. Also, 2 other employees were written up for the exact violation of policy and told that their violations didn’t warrant termination. Help. I also have an EEOC claim filed against the employer and they are currently investigating my claim. The consequence is loss of financial income after working for 4 years. Also, I’m unable to get a job.
Reviewed May 19, 2010
Does anyone know the steps in filing a complaint against employees at the Texas Workforce? I qualify for programs with Texas like On the Job Training and AWE (Adult Work Experience). I got no results on getting information to give to employers, I then called the board of directors who called the Eastside work force and informed them that I qualify. The center manager was to take over and assist but didn't do a single thing. I had an employer wanting the information and it cost me the job.
Reviewed April 4, 2010
Texas Workforce Commission totally took the employer side in my wage claim process against my ex-employer, which did not pay my commissions, hours worked, overtime and which overcharged my last paycheck. Texas Workforce commission took over six month to complete the investigation of my wage claim. My ex-employer submitted a document to prove that I did not make any sales. This document was from one month after I was fired, meaning that they did not submit the right document.
My ex-employer also sent me my last paycheck weeks later. The law requires that the employer send the final paycheck no later than six days. My ex-employer sent my final paycheck only after I signed a form for health insurance which was deducted from my final paycheck way more than authorized. The form came with the threat saying, “You have to sign in and you have to enroll so we can send your final paycheck.” The Texas Workforce Commission investigator never calls me and made the decision in favor of the employer. I appealed. The hearing took place months later.
During the hearing, the Hearing Officer helped my ex-employer in its answers suggesting what is OK for my ex-employer to answer. The hearing officer also allowed my ex-employer interrupt me while I was making questions, and ordered me to be quiet so my ex- employer could answer the question that I did not complete. The questions that I did have chance to make, the ex-employer had the Hearing officer help. The Hearing Officer also informed my ex-employer during the hearing that they could add documents at anytime of the hearing. I had to submit documents before the hearing and send it to both parties (the ex-employer and the Hearing Officer). But that was different for me, because, I was denied the right to add documents during the hearing.
The Hearing Officer also allowed the employer to make a phone call during the hearing, and also to check information on the computer which took several minutes. The Texas Workforce Commission never sent me the hearing decision, so I called in to find out why I did not receive it. I discovered that the decision was made in favor of the employer. The Texas Workforce Commission blamed the post office for not delivering the decision. In order to the TWC send me a copy of the decision I have to send a written request by certified mail or by fax and save the confirmation page. The TWC fax was out of service; so, the request was sent via certified mail.
Finally, I received the decision. The Hearing Officer ignored the documents which prove that I made my sales, and prove that the client had already paid. The Hearing Officer also wrote that I do not deserve over time because I was not doing any work while I was waiting for my paycheck, and he ignored the fact that my ex-employer held my last paycheck, and ignored the over charges. Texas Workforce Commission was useless and ignored the documents and evidence that support my case, and not only help the employer, but also take the employer side during the hearing.
I have heard how bad the TWC is for the employees, and now I have proved it. Always ask for a recorded copy of your hearing. It will be painful to get as well; but, the TWC will finally send it, and I have a proof how inefficient and rude they are, and I have proof in case a future lawsuit against the employer and the TWC.
Reviewed March 26, 2010
These are tips to deal with Texas Workforce Commission in case of Unemployment Benefits. If your employer lied to the TWC saying that you walked away from the job when it was available for you, when you were fired, expect the following.
An investigation will take about 3 months. The investigator will call you. Expect the investigator to be rude and manipulative (in favor of the Employer). The investigator will interrupt you and tell you to answer the question, meaning a short answer. Make sure that the investigator took note of your answer. Most likely your unemployment benefits will be denied. So, you need to appeal. When you appeal, make sure to send to the TWC all the documents that support your side. Send it via certified mail. If you need some documents from your employer, request it, first for the employer. Again, request via certified mail, after that, request a subpoena to the Hearing officer explaining why you need the document and also let the officer know that you tried to contact the employer.
During the hearing, expect that the hearing officer will be very rude with you and very nice and polite with the employer. The hearing officer will help the employer but will not help or listen to you. Make sure to make questions to the employer that will support your view. Most of the time, the employer will contradict himself because of the lies. In the end, the hearing officer will let you do the final statements; make sure to point out the contradictions. You will win the unemployment benefits only if you have documents that show that you were fired. The Hearing officer will not consider your words. Keep in mind that the Texas Workforce Commission is designed to benefit the employer.
Reviewed March 10, 2010
I think it's cruel how the Texas Workforce Commission immediately cuts off a person's benefits the minute they start working! I began working for a company on March 1, 2010. I was told by a Workforce rep on March 10, 2010 that I no longer qualified for benefits after my first workday. I explained to the rep that I wouldn't get paid at my new company until 3 weeks out and she didn't seem to care! I explained to her that I have nothing to live on during this time and she just stated "Your benefits are up, madam and there's nothing I can do.” How can they just leave people hanging without income? After all, am I not entitled to this money that I've worked for for several years on end? The process they use there is just pathetic!
Reviewed Feb. 26, 2010
TWC is an outright joke. I was laid off by my employer as of 12/04/2009 and to date, I have not received any unemployment benefits. I've spoke to several representatives starting on 01/24-02/26/10. I've had to go through an appeal process, at which time my former employer disputed the reason for my layoff. After winning the appeal, I thought I was on the road to receiving benefits. Well to my surprise, the physical year had started over so a new claim had to be opened, which means the process had to be started all over again. My new claim was opened on 02/10/10 by representative PVW. I expected to receive benefits as of 03/01/10, however, I've been advised by Angel and his supervisor Naomi that the information entered was incorrect and therefore the process would have to start all over again.
I am livid at the fact that they can do this to individuals who are really in need of this money. I've found the representatives working in the office to be very cocky and most of the times, rude. I believe they make you endure all the inconveniences so that an individual will become frustrated with the process and throw in the towel. TWC representatives really need to be evaluated and trained on how to possess great customer service attitudes.
Reviewed Nov. 3, 2009
I filed for unemployment benefits last October and they were granted. My year expired this October and I still had a balance on my claim. The TWC stated I had to file a new claim because my year was up. I did so and went through the usual waiting period. I was informed online last week when I filed for a payment that the new claim was invalid. I called in and they stated I had not worked enough days at my current part-time job to qualify for a new claim (I was let go from my last full-time job last year, through no fault of my own, and am still hunting the second layoff in 5 years). The rep stated they would reactivate my original claim and I would draw that remaining balance until it ran out.
I found out today (4 days later) that the previous decision had been overturned and now I had earned enough wages at my part-time job to file a new claim. Since my my original new claim had been canceled a few weeks ago, they had to start all over again with another new claim and I have to go through the waiting period again, which is 14-21 days to verify my part-time wages. Dizzy yet? So that means no money this week from my payment request of 10 days ago and probably nothing when I file this coming Sunday.
These guys give me the standard "It's the law and there is nothing we can do" garbage. Why should they care? They have jobs. These stupid rules need to be changed so we don't get treated like welfare cases and have to beg for it. I wrote the white house and my senator and congressman, but I am not hopeful as I am sure it will be the red tape runaround. Hope this helps someone else out.
Reviewed Oct. 17, 2009
I was harassed, discriminated against, and retaliated against for over a year. I finally quit my job when I was disciplined on trumped up charges. TWC awarded me unemployment. The employer appealed and I still won. For anyone contemplating such actions, the following is what I contribute to my success:
1) Documentation - Copies of whatever I could get, and good notes of what had transpired; 2) Exhaust administrative remedies, that is, try repeatedly to resolve the problem with management; 3) Timing - Once you cannot resolve it, quit right then, not six months later; 4) Preparation - After you submit an online claim for benefits, someone will call you for a telephone interview. Have written notes prepared in advance to be able to answer their questions, which include: Why did you quit? When did you quit? Who did you tell? What did you tell them? What caused you to quit when you did? What steps did you take to try to work things out prior to quitting? 5) Attorney - I handled the initial intake claim myself, but had an attorney for the appeal. While there are no guarantees, this was a good investment decision! I am the sort of person who is comfortable negotiating with elected officials, but still found the appeals hearing intimidating. It is not complex and is in fact designed to where a lawyer is not needed, but I'd say mine definitely helped me present my case in the best possible light.
Reviewed Sept. 6, 2009
My wife received unemployment benefits a little more than a year ago for a few weeks. It was approved through an appeal she filed with TWC. Now they are saying it was an error and she has to pay it back and that she cannot draw any benefit again till she does. I'm in financial distress.
Reviewed Aug. 11, 2009
I was a professional truck driver for the past 25 years. The last 3 years, I was employed by Griffith Farms hauling stones for home refurbishing. When the housing market crashed, I was without constant work from January 2009 to May 2009. I filed my first claim for unemployment in April 19, 2009 and continued to file weekly through June 04, 2009. I was declined benefits for unemployment due to what the TWC called lack of benefits for the base period. I faxed a copy of my W-2 wages for 2008 to the Austin Texas office in late April or early May 2009 which verified my yearly earnings.
The TWC then stated it would contact Griffith Farms for unemployment earnings that had not been reported to TWC. I also faxed a copy to Cliff at the local TWC investigation department. I am now being denied benefits for reporting the wrong employer. The TWC states that I reported working for "Box Farms." I have never heard of "Box Farms" and never reported wages from Box Farms. I am several months behind on my mortgage payment and several credit card payments due to my period of unemployment. I am having a very hard time catching up my bills and would like to be compensated for the period I filed for unemployment benefits. Please help me as soon as possible as my mortgage is two months delinquent and I am in fear of foreclosure. I have only 3 years left on a 30-year mortgage. Please move expediently and consider reimbursement in one lump sum.
Reviewed July 28, 2009
Shell fired me when I asked the manager to confirm the denial of my wages for the day I worked. I applied for unemployment, which was denied because they said I was fired for insubordination. It's ridiculous and a lie. I have a right to question my manager when I am not paid for work I performed. I appealed, and nobody showed up on the date of the hearing. Then, they called for rescheduling, which they never did.
EEOC was informed of the illegal action taken by Shell's manager. I have all the proofs, and EEOC never got back with me. The corruption in this country is on its peak. Once very positive and respectable laws of this country are now nothing but a protection for the wealthy. Yes, we the labor are like a 3rd-world nation, who is oppressed and suppressed by the power of the governments and their so-called laws to protect the aggrieved.
Reviewed May 2, 2009
I initially filed a claim in December 2008 with the Texas Workforce Commission and started receiving benefits in January 2009. My case has been extremely difficult and confusing since day one, due to a representative in the TWC office who entered my information incorrectly; after she was told several times of the correct information, which has caused me to deal with supervisor after supervisor as well as an appeal regarding if I will continue to receive benefits or not. My benefits have been on hold due to this error numerous times. I have spoken with a supervisor on 4/10/2009, who assured me that everything had been corrected and released the hold and also corrected the error with the appeal.
I spoke with another supervisor on 4/14, who stated my claim had been corrected and I should not have any more problems. As of today, 5/1/2009, I noticed that my claim is yet on hold again. I feel like my case has been handled extremely unprofessional. I have been dealing with this same matter since January 2009 and it has yet to be resolved.
Reviewed Jan. 26, 2007
Well The TWC is trying to say that I filed unemployment benefits 01/01/06 to 12/31/06 but is not true I have been working since all last year if youcould check my case you will see that I was employed still at the same Job last year and I had no reason to file unemployment at all and I can not get no one to assist me they want me to pay them $180.00 for what ant I have been working could this be a Error.
Reviewed Feb. 21, 2004
I am being charged with intentionally receiving temporary extended unemployment benifits to which I was not entitled. For the year 2001, oct.nov.december, 4th quarter. reported earnings conex international corp. 4,209.73 triple s industrial 1,172.00 dollars. They tried to charge me with this a year ago for the same months. I had to contact both employers and get payment history, and send to TEC. They contacted me and said everything was ok. I have never falsely reported any wages to TEC. I also talked to a Rosa. She was supposed to be looking into my case, never heard from her agin.
Reviewed Dec. 18, 2003
During my fourth month in recieving unemployment benefits I decided to work with a day laborer service named (Industry 1 one) located on 1019 Camden street in San Antonio,Tx.This day laboring job was infact just a day labor assignment.But I did work previously with this same company in November 2002.But at that time before it was called (Industry 1 one)it was called (Tandem). Anyway I decided to try to stay busy,search for work and at the same time try to work at least a day every two weeks just to stay active.The first week I worked at this day labor company I made below 50 dollars then about 10 days later I worked at that same location again and made a little under 60 dollars.Each claim week corresponding with those days I reported the earnings to TWC,which by law is the requirement to do so.When I did report those earnings I was required to talk to TWC representatives concerning this. And I did talk to one.
When I verified my earnings with them and the company's information,etc everything was fine and settled and my benfits was not posponded or denied. Another week later I was contacted by Carmen about some information that was sent to them from(B and M Limited Part). Carmen told me by phone that(B and M Limited)was associated with(Industry 1 one)some way and they sent her additional information concerning my employment with( Industry 1 one).Carmen told me that I was supposed to report back to them concern work. As I stated during the introduction of this letter that company was only a day labor company that gave people same day cash, nothing more.And with the same day cash you can make your own schedule which I was informed by(Industry 1 one). Two days later I get a letter from TWC informing me that I "quit and failed to report to them for another assignment". I had explained to Carmen that I was under no obligation to report back at any specified time or at all. Because many others work at that location and can be absent for weeks and months at a time and still get an assignment.Infact when I returned to (Tandem) now (Industry 1 one)I was able to get an assignment after a twelve month absence easy.
They did not turn me down because of my absence for other work which was fulltime.If infact I did just stop working with them because I wanted to maximize my job search for fulltime work in November 2003, in which I worked one day about every ten days, why would I be able to receive an assignment by them after my ten day absence?! Because I am not required to report back.Carmen also stated in that letter she sent me that(B and M Limited)allegedly told me that failure to report back would result in a lost of benefits.That is a lie. They never told me that, neither did they have knowledge that I was receiving unemployment benefits.She did an improper investigation.I believe that she fabricated these alleged statements by(B and M Limted)in the inquiry.The bottom line is that I did not quit. It is my choice, like everyone's,to reutrn back at a time that was suitable for me. In the Unemployment information that was sent to me it stated that "I had to find fulltime work" I can't find fulltime work if I was wasting my time at a day labor job. What is more is that I,like everyone else, can make our own schedule.Carmen deserves to lose her job for fabricating the statements by(B and M limted) or for perfoming an improper investigation.
Reviewed Sept. 22, 2003
I was denied unemployment compensation. Mr.Legaspi informed me that it was not required of him to inform the employees of St.Philip School that non-profit organizations are exempt from paying unemployment taxes and thus employees are not eligible for unemployment compensation. However after my appeal this a poicy was immediately put into effect by St. Philip School that employees would from this time foreward be informed. I am filing a second appeal at this time against the Texas Workforce Commission. I belive that it is their legal and lawful duty to inform Texas employees of this matter. In their eligibility requirements is there no mention of this issue. I have worked hard all of my life and paid taxes forever. Now when I need assistance until I find employment I receive no compensation.
Reviewed Dec. 7, 2001
I filed for unemployment in Oct 2000. My claim was approved for about $250 a week for 6 to 8 weeks. I have made every effort to get my benefits. First, I was told the checks were mailed, yet I have never received them. I talked to my local office in Dallas who said the checks were not cashed or returned to the State. They had to refer me to the State office in Austin. I have talked to several people there-with varying stories on how to get my checks. My mother happens to live in Austin, I arranged to have them prepare the checks for me to pick up directly. Once I got there, I was told the policy had changed and checks had to be mailed. I finally got Richard Stevens in Commission Disbursements in July-that he was the person to rectify the problem. He said he already had my file, about the fourth in his workload and it is usually 1-2 days per file. Usually when I have called to follow-up, I am left with voice mail. If I talk to an operator, I am told he is the only person that can help me. I have only been able to talk to him directly 3 or 4 times and he always replys-I am working on it.
Texas Workforce Commission Company Information
- Company Name:
- Texas Workforce Commission
- Website:
- www.twc.state.tx.us