If you disagree with a decision on a Texas Payday Law Wage Claim, you can appeal. An appeal is your written notice that you disagree with a Texas Workforce Commission (TWC) decision and want your case decided through the appeal process. State law gives TWC sole authority in disputed wage claims. No other state agency or official can affect the outcome of an appeal. To participate in an appeal, you must meet appeal deadlines.
The appeal process is structured so that you do not need an attorney. You may choose to have an attorney or other person represent you at your own expense.
There are three levels of appeal. You start with the first level, and if you disagree with that decision, you may proceed through the other levels.
- Wage Claim Appeal Tribunal
- Commission Appeal
- Motion for Rehearing or Appeal to a Civil Court
Want to Appeal a Wage Claim Decision?
Use the online form to submit a Payday Law Wage Claim appeal. See How To Request an Appeal Tribunal Hearing for more information.
Need to Register to Participate in a Scheduled Appeal?
You must register as a participant at least 10 minutes before your scheduled hearing. You will need your phone number and the appeal case number. See Participate in the Hearing for more information.
Wage Claim Appeals
If you disagree with Preliminary Wage Determination Order, you can appeal to the Wage Claim Appeal Tribunal. The first appeal may be a telephone hearing. The claimant and employer may present testimony, witnesses, and documents relevant to its case. After the hearing, the hearing officer will mail a decision to the interested parties.
If you disagree with Preliminary Wage Determination Order, you can appeal to the Wage Claim Appeal Tribunal. The first appeal may be a telephone hearing. The claimant and employer may present testimony, witnesses, and documents relevant to its case. After the hearing, the hearing officer will mail a decision to the interested parties.
- Meet the Deadline: You must appeal within 21 calendar days from the date we mail the Preliminary Wage Determination Order, which is shown at the top of that form.
- Appeal in Writing: Submit your appeal online, by mailing or faxing your appeal letter to the address or fax number on your Preliminary Wage Determination Order, or in person at a Workforce Solutions office.
Online | Fax | In Person | |
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Wage Claim Appeal Form | 512-463-9318 (Keep confirmation receipt) | TWC Special Program Appeals 101 E 15th St, Rm 414 Austin, TX 78778-0001 | Workforce Solutions Office |
You cannot appeal by e-mail or phone.
Your letter or appeal form must include:
- Your name
- Wage claim number
- Your Social Security Number or TWC Tax ID number
- Your current address
- The date TWC mailed you the Preliminary Wage Determination Order
- A copy of the Preliminary Wage Determination Order, 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
Inform us in writing as early as possible if you need accommodations for the appeal hearing:
- If you or your witnesses need interpreters. List what languages are needed (including sign language).
- If you or your witnesses need special accommodations as members of the disabled community
- If you need access to a telephone or fax machine to participate in the hearing
Notice of Hearing
It may take six to eight weeks to receive a hearing information packet with information about your appeal. TWC will mail you the packet ten to twenty days before your hearing.
The hearing information packet includes instructions on how to participate in the hearing, including:
- Date and time of the hearing, the phone number to call, and the name and contact information of the hearing officer
- How to submit documents to the hearing officer and to the other party
- The issues that will be covered
Address Change
If your address changes, you must notify the Appeals department because we mail the hearing information and appeal decision to the address in our records. Send your address change in writing by fax or mail to:
Fax | |
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512-463-9318 | TWC Special Program Appeals 101 E 15th St, Rm 414 Austin, TX 78778-0001 |
Prepare all the documents, witnesses, and evidence that you need to support your side of the issues. Before the hearing, you must send copies of all your documents to both the hearing officer and the other party.
Allow enough time for your hearing. Usually, hearings take from one hour to four hours to complete. The time depends on many things, including the number of witnesses, documents, and issues in the case.
Documents and Evidence
All documents and evidence must relate directly to the issues on the hearing notice. You should be ready to explain where the evidence came from and how it directly applies to your case. Any documents you want to include in the hearing must be sent to the hearing officer and to the other party in your appeal (the employee or the employer).
Examples of documents or evidence:
- Timecards
- Pay stubs or payroll records
- Employee handbooks
- Written authorizations for deductions from wages
- Employment agreements
- Commission agreements and invoices
- Letters and memos
For a phone hearing, you must mail or fax copies of all the documents you want to present to the hearing officer and to the other party. Send them as far in advance as possible. Documents may not be used if they are not provided in enough time before the hearing begins.
The hearing officer's address and fax number is on the first page of the hearing information packet. If there is another party in your case, that person’s mailing address is also on the first page.
For an in-person hearing, you can bring the documents with you or send them in advance.
Witnesses
If you want to call witnesses, they should have personal (first-hand) knowledge about the background, policies, incidents, or events regarding the issues on the hearing notice. For example, they either saw the incident, heard a supervisor say something directly, or saw the paperwork connected to the event.
Contact your witnesses before the hearing and have them arrange their schedules so they can participate in the hearing.
During the hearing, you must give the hearing officer your list of witnesses and their contact phone numbers. Have your witnesses stay available for the call until the hearing officer or you release them from the hearing.
If your hearing is in person, simply have your witnesses appear at the hearing location at the time and date for the hearing, or they may participate by phone as stated above.
Subpoena a Witness
A subpoena is a written legal order that requires a person to appear at a hearing to testify or produce documents for a hearing.
Subpoenas may be issued at the discretion of the hearing officer. A request for a subpoena will be granted only after the hearing officer determines that the records or witnesses requested to be subpoenaed are relevant to the issues on appeal.
TWC pays the applicable fees for issuing a subpoena.
Withdraw the Appeal
If you no longer want to proceed with the hearing, you can withdraw your appeal. Only the party who filed the appeal can withdraw or cancel the appeal.
The appeal withdrawal must be in writing and must contain the specific words that you wish to “withdraw your appeal.”
The appeal can be withdrawn either before or during the hearing. Mail or fax the request to the Special Program Appeals Department.
Before the Hearing
For phone hearings, you must provide a phone number where we can reach you for the hearing. Provide your contact information on the day of your hearing, at least 10 minutes before your hearing is scheduled to start. If you do not call in on time, you may not be allowed to participate in the hearing.
You can give us your phone number in one of two ways:
Register Online | Phone |
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Register online at C2T Online Registration. You will need your Case Number. | Call TWC at the toll-free number shown on your Notice of Hearing and speak with the receptionist. |
Starting the Hearing
When it is time for the hearing, the hearing officer will call you and connect all parties and witnesses to a conference call. The hearing will begin when everyone is connected.
All hearings are scheduled for the Central Time zone. If you have any questions about when you should call, please call the toll-free number listed on the Notice of Hearing.
Why You Should Participate
It is important that you participate in the hearing because the hearing officer makes their decision based entirely on the evidence given during the appeal hearing.
If you find you cannot participate in the hearing for any reason, you should request the hearing be postponed. Your request should be sent as soon as possible, must be in writing, and mailed or faxed to Special Program Appeals Tribunal. An appeal hearing can be postponed or rescheduled only for specific situations that are allowed under TWC’s Rules.
If you did not participate in the Appeal hearing and disagree with the decision, you can submit a request to reopen your case at the Wage Claim Appeal Tribunal level within 14 calendar days after the mailing date of the decision. However, you must show that you had a good reason for missing the prior hearing.
What Happens During the Hearing
All hearings are recorded. The law requires the hearing officer to read a specific opening statement at the start of the hearing. This opening statement includes:
- Information identifying the case for the record
- What determination and issues are on appeal
- Who is taking part in the hearing
- Each party’s rights
- The procedures used for the hearing
The hearing officer will put everyone who will testify under Oath, and then answer questions before hearing any testimony.
If you have more than one person present, you must designate one primary representative, which can be yourself or your chosen representative. That primary representative will be able to:
- Question the witnesses
- Give their own testimony
- Look at and object to documents
Order of Testimony
The hearing officer will control the hearing and follow this procedure until all witnesses have testified.
- The hearing officer will hear statements from each side, one witness at a time.
- The hearing officer will question the witnesses, and then allow them to add relevant information.
- The witness’s primary representative will be able to question the witness. The other side can then question the witness.
- The hearing officer will discuss any documents that were sent in by either party or that are part of the case file. Documents will be admitted into evidence after ruling on any objections by either side.
- The hearing officer will then let both sides add any new testimony before ending the hearing.
After the hearing is complete, the hearing officer will mail you a written decision, usually within five to ten working days.
Audio Recording
You can request a copy of the recording of your hearing. It usually takes one to two weeks for you to receive your copy. The first copy is free; there is a small charge for any additional copies. Only parties to the appeal can request a copy of the recording.
Fax | |
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512-463-9318 Attn: CD Duplication | TWC Special Program Appeals Department Attn: CD Duplication 101 E 15th St, Rm 406 Austin, TX 78778-0001 |
Your written request must include:
- Your name
- Appeal number
- Last four digits of your Social Security number
- Your phone number
- Your mailing address
If you disagree with the decision from the Wage Claim Appeal Tribunal, you may file a Wage Claim Commission Appeal. The Commissioners will review the record of your hearing and vote in an Open Meeting whether to accept the decision, change it, or ask for additional evidence. The Commission will mail a written decision to you.
Meet the Deadline: You must appeal within 14 calendar days from the date we mail the Wage Claim Appeal Tribunal decision, which is shown on the coversheet of the decision.
Appeal in Writing: Submit your appeal online, by mailing or faxing your appeal letter to the address or fax number on Wage Claim Appeal Tribunal decision, or in person at a Workforce Solutions office.
Online | Fax | In Person | |
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Wage Claim Appeal Form | 512-475-2044 (Keep confirmation receipt) | TWC Commission Appeals 101 E 15th St, Rm 678 Austin, TX 78778-0001 | Workforce Solutions Office |
You cannot appeal by e-mail or phone.
Questions about a Commission Appeal? Email commission.appeals@twc.texas.gov
TWC mails the Commission Appeal decision to the address on record. If you disagree with the Commission decision, you can:
- File a Motion for Rehearing
- File an appeal to a civil court
If you disagree with the Wage Claim Commission Appeal decision, you may file a Motion for Rehearing.
Meet the Deadline: You must appeal within 14 calendar days from the date we mail the Commission Appeal decision.
Appeal in Writing: Submit your appeal online, by mailing or faxing your appeal letter to the address or fax number on Wage Claim Appeal Tribunal decision, or in person at a Workforce Solutions office.
Online | Fax | In Person | |
---|---|---|---|
Wage Claim Appeal Form | 512-475-2044 (Keep confirmation receipt) | TWC Commission Appeals 101 E 15th St, Rm 678 Austin, TX 78778-0001 | Workforce Solutions Office |
You cannot appeal by e-mail or phone.
Motion for Rehearing Process
TWC will grant the Motion for Rehearing only if you show these three things:
- Important new information about your case.
- A compelling reason why you did not present the new information earlier.
- Why you think the new information could change the Commission decision.
If you ask for a rehearing and the Commission denies it, you can still appeal the decision to a civil court.
If you disagree with the Commission Appeal decision, or the decision on a Motion for Rehearing, you may appeal to a civil court. You must have completed the Wage Claim Appeal Tribunal and the Wage Claim Commission Appeal before appealing to a civil court. The Motion for Rehearing is optional and not required to be completed before appealing to a civil court.
Meet the Deadline: You must appeal to a civil court within 30 days after the date we mail the Commission decision.
Information about appealing to civil court will be included with the Commission decision. Please consult a court of competent jurisdiction for specific instructions on how to appeal to that court.
If you win your Commission Appeal and the losing party appeals to civil court, it is important that you cooperate with TWC and the Attorney General, who will represent TWC in the civil court proceeding. Failure to fully cooperate with the Attorney General in the civil court process could result in the case being reversed. Also, since the Attorney General can, by law, only represent TWC, you may wish to hire your own attorney.
Payday Law Appeal Precedents are for use by Agency staff as a reference to the Commission and the courts concerning the Payday law (Chapter 61, Texas Labor Code).
The precedents represent the interpretations of the Commission that, until specifically revised by the Commission or the courts, should be used by Agency staff in similar cases. The Commission occasionally votes to adopt an appeals decision as a “precedent decision.” This is to promote consistency of decisions. When a case is adopted as a precedent, it can be cited as a governing precedent in an appeal.