Dallas Employment Trial Lawyer Riley Carter
1. Confirm your eligibility
Before you file a claim, determine whether you meet the basic eligibility requirements. Typically you must be unemployed (or partially unemployed), through no fault of your own, able and available for work, actively seeking work, and have sufficient work history and wages. Review the TWC’s Unemployment Benefits Handbook for details.
2. Gather required information
When you file your initial claim with TWC, you will need:
- Your Social Security Number.
- Your last employer’s name, address, and phone number.
- The dates you worked and your reason for separation from employment.
- Any other employers in the recent past (as required by TWC).
- Your valid ID, address, and contact information.
3. File the claim
You generally file through TWC’s Unemployment Benefit Services online portal (or by phone if required). Be sure you submit the claim as soon as you are unemployed or your hours are reduced, as delays may affect eligibility.
4. Request payment in each week
After your claim is filed and approved (or under review), you must submit a “payment request” (usually weekly) to certify you remain eligible: you are unemployed/underemployed, you are able and available to work, you’ve looked for work, and you did not refuse suitable work. If you fail to request payment timely, benefits may be denied.
5. Respond to employer notice and fact-finding
When you file a claim, your last employer may receive a “Notice of Application for Unemployment Benefits” from TWC. They have a short deadline (typically 14 days) to respond and preserve the right to contest the claim. TWC may conduct a fact-finding interview regarding the reason you separated from employment (e.g., termination, quit, layoff). Your responses matter for whether you’re disqualified (for misconduct) or eligible.
6. Determination issued
TWC will issue a “Determination on Payment of Unemployment Benefits” letter, which explains whether benefits are approved, denied, or subject to chargeback for the employer or requires more information. You must read this carefully — it sets deadlines for appeals if you disagree.
Second: How to Appeal a Decision with the TWC
If you receive a determination from TWC (either denying benefits, finding you ineligible, or otherwise disagreeing with you), you have the right to appeal. The process has multiple levels. Below is the typical path for claimants (employees).
1. Appeal to the Appeal Tribunal
Deadline: You must file your appeal in writing within 14 calendar days from the date the determination was mailed. The deadline is printed on the notice.
How to file: You may file online via the Unemployment Benefit Services portal, in person at a local Workforce Solutions office, or by mail/fax to TWC’s Appeals Department (address and fax listed on the determination notice). Email or phone appeals are not permitted.
- What to include in your appeal letter:
- Your name and Social Security number.
- Your current address.
- The date the determination was mailed.
- A copy of the determination notice, if possible.
- The specific issue(s) you are appealing.
- Any dates you cannot participate in a hearing.
2. Prepare for the hearing
Once your appeal is accepted, a hearing packet will be sent to you (often by mail) and a hearing will be scheduled (often by telephone). The packet will include instructions, date/time, how to participate, the issues on appeal, and any documents TWC has collected.
You should:
- Consult with an employment law attorney.
- Organize and gather evidence: employment records, timecards, separation notice, performance reviews, doctor’s notes (if relevant), etc.
- Provide copies of any documents to TWC and to the other party (e.g., employer) well before the hearing, especially if it is a telephone hearing.
- Identify witnesses (who have first-hand knowledge) and provide their contact information ahead of time.
- If you or a witness needs an interpreter or special accommodations (e.g., hearing impaired) you should request that in writing asap.
- On hearing day, be prepared, calm, respectful, speak clearly, and respond fully. The hearing officer bases the decision solely on what’s presented during the hearing.
3. After the hearing – Appeal Tribunal decision
Within a short time after the hearing (often 5-10 working days), TWC will mail you the decision of the Appeal Tribunal. The decision will explain whether you won or lost, any back pay of benefits, or any repayment/overpayment obligations.
4. Appeal to the Commission
If you disagree with the Appeal Tribunal decision, you may appeal to the three-member Commission of TWC (the next level).
Deadline: Again, typically within 14 calendar days of the date the Appeal Tribunal decision was mailed.
How: Submit a written appeal (online, mail/fax, in person). Email or phone are not acceptable. You must indicate you are appealing the decision and the reasons why. At this level, the Commission reviews the hearing record (audio, transcripts, exhibits) and decides whether to uphold, modify or remand the decision.
- Key Tips & Practical Considerations
- Timeliness is crucial: Miss a deadline and you may lose your appeal rights.
- Keep thorough records: Every document, every piece of correspondence, proof of submission.
- Maintain eligibility during appeals: For claimants, continue submitting your weekly payment requests unless/until you return to work, unless otherwise instructed by TWC.
- Employer’s participation matters: If the employer does not respond to the notice of application within the 14-day window, they may lose their right to contest the claim and could incur a cost.
- Accommodations: If you or your witness need an interpreter, or access for disability, request it as soon as you receive the appeal packet.
- Stay current on address/contact info: TWC mails key documents; if you’ve moved and haven’t updated your address you may miss critical deadlines.
- Prepare for delay: While the rules set timelines, actual delays happen.
- Professional demeanor: At the hearing, avoid argumentativeness; stick to facts, stay calm, be respectful. The hearing officer’s decision hinges on credible evidence.