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TWC Unemployment Appeal Hearings


Dustin Paschal here again with Simon Paschal PLLC for our weekly video series. Previously we did a video on the unemployment claim process. The second stage in that process was the appeal stage where either the employee or the employer has appealed, and you’re having a telephone hearing with the TWC officer. So today what we want to do is kind of help you in that process in the event you are handling that yourself without counsel, which is perfectly normal, perfectly acceptable, and something you could easily do.

To prepare for that, there is on the TWC website a policy and precedent manual for unemployment claim hearings. And we’re going to put that web address here at the bottom of the screen on this video so that you can go to that site and pull up the manual. But that manual basically is divided into a lot of different categories both for termination, retirement layoffs, resignations, basically the gamut, and it’s basically a little snippets of cases, previous decisions that the TWC has made regarding all these situations.

And the idea is that you kind of go through there, find the category that matches the category of the situation you’re facing, and figure out which category that is and go through and kind of read the decisions. They’re small little paragraph snippets, so it won’t take that long. Read the decisions, and if you find a case that is similar to yours, either factually or from the decision standpoint, and it is something that assists you, you want to pull that out and they have a case number assigned to them, and when you’re in your telephone appeal hearing what the TWC, you want to make sure you direct the TWC officer to that specific precedent because oftentimes when they are making their decisions, they will refer to and rely upon that precedent.

So just a little tip as you’re preparing for your hearings, go pull that manual, find a precedent that helps you, and you’re much more likely to be successful on that unemployment claim. So thanks for listening this week, and we’ll see you next week.

 

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