How to Appeal an Unemployment Claim Decision: For Texas Employers

Establishing Appeal Rights for the Employer:

You have the right to appeal a decision only if you have established yourself as an interested party.

If you were the last person or company for whom a claimant worked before applying for unemployment benefits, TWC will mail you a Notice of Application for Unemployment Benefits. You must respond to that notice within 14 days to become an interested party in the claim and preserve your right to appeal a determination. For more information, see the Introduction to Unemployment Benefits Appeals for Employers. To respond online, use Unemployment Benefits Employer Response to Notice of Application.

How to Appeal a Determination

These instructions are for the first step in the appeals process, which is an appeal to the Appeal Tribunal. The first step is to appeal in writing to TWC.

You must appeal in writing within 14 calendar days from the date that we mail you the Determination Notice. The date mailed is located on the top of the Determination Notice form, and the last day you can file an appeal is at the bottom of the form. If the fourteenth day falls on a federal or state holiday, you have until the next business day to file your appeal.

You can submit your written appeal online, in person at your Workforce Solutions office, or by mailing or faxing your appeal letter to the Appeals Department at the address or fax number on your Determination Notice. You cannot submit an appeal by email or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Include in your letter or appeal form:

The claimant’s name and Social Security number

Your name

Your TWC Tax account number

Your current address

The date TWC mailed you the Determination Notice

A copy of the Determination Notice, if possible

Any dates on which you will not be able to participate in a hearing

Keep a copy of your appeal for your records.

Accommodations for Your Hearing

Inform the TWC as early as possible if you need accommodations for the appeal hearing in any of the following areas:

If you or your witnesses need interpreters – include needed languages

If you or your witnesses have a hearing impairment

If you need access to a telephone or fax machine

Appeal Hearing Notification Details

It may take six to eight weeks to receive a hearing information packet with information about your appeal. TWC will mail you the packet five to 10 days before your hearing.

The hearing information packet includes:

The Notice of Telephone Hearing, which includes the date and time of hearing, the telephone number to call for the hearing, and the name and contact information of the Hearing Officer assigned to the hearing

Instructions on how to participate in the hearing

Instructions on how to submit any additional documents

The information TWC received in response to the claim

All fact-finding statements TWC gathered while investigating the issue(s) on appeal

Any protests to the claim

The claim issues up for discussion

Motion for Rehearing

You may request a rehearing within 14 days of the date TWC mailed you the Commission decision. TWC will grant the Motion for Rehearing only if you can show these three things:

Important new information about your case

A compelling reason why you did not present this information earlier

Why you think this information could change the outcome of your case

You can submit your written Motion for Rehearing online, in person at your Workforce Solutions office, or by mailing or faxing your letter to Commission Appeals at the address or fax number in the instructions included with your Commission decision. You cannot file a Motion for Rehearing by email or telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your Motion for Rehearing.

Appeal to a Civil Court

You may appeal to a civil court between 15 and 28 days after the date TWC mailed you the Commission decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court. The instructions for submitting an appeal to a civil court are included with the Commission decision.

If you ask for a rehearing and the Commissioners deny it, you can still appeal that decision to a civil court.

See  http://www.twc.state.tx.us/businesses/how-appeal-decision-employers

As always, it is important to contact a knowledgeable and experienced Texas employment law attorney to help guide you through this process, and to help you understand your rights as an Employer.

Need to learn more? Get in touch.