Use the online form to submit an Unemployment appeal. See How To Appeal a Decision below for more information.
An appeal is your written notice that you disagree with a TWC decision and want your case decided through the appeal process.
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.
TWC evaluates each application for unemployment benefits to determine whether the applicant meets all requirements to receive benefits. If you become an interested party to the claim by responding to the Notice of Application for Unemployment Benefits, we will mail you a copy of the determination notice explaining whether the claim will be paid.
If you are not a party of interest (you are designated as NPI above the employer’s name on the Notice of Hearing), you do not have appeal rights to any decision. If you fail to participate in a scheduled hearing, you cannot request another hearing.
State law gives TWC sole authority in disputed unemployment benefits claims; no other state agency or official can affect the outcome of an appeal. To participate in an appeal you must meet submission deadlines.
Three Levels of Appeals
There are three levels of appeals. You start with the first level, and if you disagree with that decision, you may proceed through the other levels.
- Appeal to the Appeal Tribunal
- Appeal to the Commission
- Motion for Rehearing or Appeal to a Civil Court
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.
See below for more information on each Appeal Level.
There are three levels of appeals.
Appeal to the Appeal Tribunal
The first step in the appeals process is an appeal to the Appeal Tribunal. The Appeal Tribunal is the name the Texas Unemployment Compensation Act (TUCA) gives to Hearing Officers who hold unemployment benefit hearings. Each appeal case has only one Hearing Officer.
The first appeal is a telephone hearing. The claimant and employer may present testimony, witnesses, and documents relevant to its case. During the Appeal Tribunal hearing, the Hearing Officer will determine what is relevant and makes sure that the record is complete. After the hearing, the Hearing Officer will mail a decision to the interested parties.
Appeal to the Commission
If you disagree with the results of the Appeal Tribunal, you may appeal to the Commission. The Commission will rule on your case after reviewing the Appeal Tribunal decision and listening to the recorded hearing. Email questions to commission.appeals@twc.texas.gov.
Motion for Rehearing or Appeal to a Civil Court
If you disagree with the Commission decision, you may request a Motion for Rehearing by the Commission. TWC will grant the Motion for Rehearing only if you can present all of the following:
- Important new information about your case
- The reason(s) why you did not present this information earlier
- The reason(s) why you think this information could change the decision
You may appeal to a civil court between 15 and 28 days after the date TWC mailed you the Commission Appeal decision. You must complete all of the appeal steps available through TWC (except the optional Motion for Rehearing) before appealing to a civil court.
Learn how to appeal a decision.
Establishing Appeal Rights
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. To respond online, use the Unemployment Benefits Employer Response to Notice of Application.
Instructions on this page apply only for an employer who is an interested party on the claim.
Appeal to the Appeal Tribunal
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.
Mail, fax or deliver your appeal to:
Mail: Appeal Tribunal
Texas Workforce Commission
101 E 15th St, Rm 410
Austin, TX 78778-0001
Fax: 512-475-1135
In person at a local Workforce Solutions office (by ZIP code).
Appeal online: Employer Benefits Services
Accommodations for Your Hearing
Inform us 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
Appeal to the Commission
If you disagree with the Appeal Tribunal decision, you can appeal it in writing to the Commission.
You must appeal in writing within 14 calendar days from the date TWC mailed you the Appeal Tribunal. The appeal deadline is printed on the coversheet of your appeal decision.
You can submit your written appeal online, in person at your nearest Workforce Solutions office, or by mailing or faxing your appeal letter to Commission Appeals at the address or fax number in the instructions included with your Appeal Tribunal decision and also noted below. You cannot file an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.
Please keep a copy of your appeal for your records.
Mail, fax or deliver your appeal to:
Mail: Commission Appeals
Texas Workforce Commission
101 E 15th St, Rm 678
Austin, TX 78778-0001
Fax: 512-475-1135
In person at a local Workforce Solutions office (by ZIP code).
Appeal online: Employer Benefits Services
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.
Learn what you should do before your appeal hearing.
Be Prepared
It is important to prepare all of the documentation, witnesses and evidence that you need to support your side of the issues. This will increase your credibility and allow the Hearing Officer to make a just determination of the facts.
Check the Status of Your Appeal
You can check online the status of any appeal in which you are involved, within two to three weeks after the appeal is submitted.
Preparing Case Documentation
Document evidence you want to present at your hearing.
Case documentation could include:
- Written warnings
- Letters and memos
- Timecards
- Doctor’s statements/medical records
- Photos
- Maps/diagrams
- Charts
- Performance records
All documents must relate directly to the issues on the hearing notice. Be ready to tell who prepared the evidence and how it helps your case. Also, be ready to respond to evidence that the claimant may offer against you in the hearing.
Any documents you want to present during the hearing must be provided to the Hearing Officer and to the other party in your appeal if applicable.
- For a telephone hearing, mail or fax a copy of all of the documents you want to present to the Hearing Officer and to the other party. Send them as far in advance as possible. Do not include documents already included in the hearing information packet. Documents cannot 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.
A Documentation of Evidence Worksheet is available to assist you in tracking the information you want to submit. This is for your use only; do not send this document to the Hearing Officer or other party.
Preparing to Call Witnesses
If you wish to call witnesses, they should have personal (i.e., 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 the employee say something directly, or saw the paperwork connected to the event.
Calling Witnesses & Notifying the Hearing Officer
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 the contact phone numbers. Have your witnesses remain 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.
An Issue/Witness Worksheet is available to organize the witness information. This is for your use; do not send this document to the Hearing Officer or other party.
If You Need to Subpoena Witnesses
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.
Proper Etiquette for Appeal Witnesses
See Introduction to the Unemployment Benefits Appeals Process for more information.
Participating in Your Appeal Hearing
It is very important that you call in for your hearing before the scheduled hearing time and that you take part in your appeal hearing. The Hearing Officers make their decision based entirely on the evidence given at the appeal hearing.
If you find you cannot participate in the hearing for any reason, call the Hearing Officer as soon as you can. TWC rules allow Hearing Officers to delay or reschedule hearings only in specific, limited cases.
Thirty Minutes Before the Hearing
For telephone hearings, within 30 minutes of the scheduled hearing time, you must provide a phone number where we can reach you for the hearing.
You can give us your phone number in one of two ways:
- Register online at C2T Online Registration and follow the instructions on that website. You will need your Case Number.
- Call TWC at our toll-free number shown on your Notice of Hearing and speak with the receptionist.
If you do not call in on time, you may not be allowed to participate in the hearing.
Beginning 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 of the hearings are scheduled for the Central Time zone. If you have any questions about when you should call, please call your Hearing Officer.
Accommodations for Your Hearing
If you and/or your witnesses need access to any equipment (e.g., private phone, fax machine to send information, speakerphone to present witnesses’ testimony, or help operating the equipment) but you did not request accommodation in your appeal letter:
- Call the TWC Tele-Center handling your claim.
- Explain that you are scheduled for an appeal hearing.
- Tell them the specific time and date of your hearing.
- Tell them the specific accommodation you need.
Please inform us 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
Withdrawing Your Appeal
If you no longer want to proceed with the hearing, your business has the option to withdraw your appeal. Only individuals with authority on behalf of the business can withdraw or cancel the appeal.
The withdrawal of your appeal must be done in writing or recorded by contacting the Hearing Officer and also must contain the specific words that you wish to “withdraw your appeal.”
The appeal can be withdrawn either before or during the hearing.
Learn what happens during your appeal hearing.
What Happens at the Appeal Tribunal Hearing
All hearings are recorded. The law requires the Hearing Officer to give a very specific opening statement at the beginning of each 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 speak under oath, and then answer questions about the opening statement before hearing any testimony.
If you have more than one person present, you must designate one primary representative, which may be you 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 in a Hearing
The Hearing Officer will hear statements from each side in turn, 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 will follow this procedure until everyone has spoken.
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.
Sample Hearing
This sample hearing is typical of unemployment benefits hearings; however, hearing officers have flexibility in how to conduct a hearing. Hearings vary depending on the facts, issues, witnesses, and other factors.
Learn what happens after your appeal hearing.
What to Do If You Did Not Attend the Appeal Hearing
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 Appeal Tribunal level. However, you must show that you had a good reason for missing the prior hearing.
Check the Status of Your Appeal
You can view the status of any appeal in which you are involved through our online Employer Benefits Services within two to three weeks after the appeal is submitted.
Once logged in, click the Appeals Tab, which will display the Appeal Search page. The Appeal Search page includes information on any active appeal you are involved in, as well as appeals within the past two years.
Choose the View links to display full status information for each appeal in which you are involved, including the appeal submission date, the level of your appeal, and its current status.
If you do not have or cannot create an Employer Benefits Services account, call or email the Appeals Department or Commission Appeals.
Appeal Decision Notification Details
After the hearing is complete, the Hearing Officer will mail you a written decision, usually within five to ten working days.
Request an Audio Recording of Your Hearing
You can request a copy of the CD recording of your hearing. Your written request must include identifying information: your name, appeal number, the last four digits of the claimant’s Social Security number, and your telephone number.
Mail or fax your request in writing to the TWC Appeals Department:
- TWC Appeals
Texas Workforce Commission
Attn: CD Duplication
101 E 15th St, Rm 406
Austin, TX 78778 - Fax: 512-936-3594, Attention: CD Duplication
It usually takes one to two weeks for you to receive your copy. The first copy is free; there is a nominal charge for any additional copies. Only parties to the appeal can request a copy of the recording.
Disagree with an Appeal Decision
Find information on each level of the appeal process.
Commission Appeal: If You Disagree with the Appeal Tribunal Decision
If you participated in the Appeal hearing and disagree with the decision, your appeal will be to the Commission.
A reviewing attorney in Commission Appeals will review the tape-recording of your hearing. The attorney will also review all other evidence accepted at your first appeal hearing. The reviewing attorney will make a recommendation to the Commission regarding the decision in the case.
The Commissioners will review the recommendation separately and will decide whether or not to follow it. Then the Commission will vote on the case and issue a written decision. They may order an additional hearing to gather more evidence, but they usually do not.
We will mail you the decision from the Commission.
If you disagree with the Commission decision, you have two options: a Motion for Rehearing, or an appeal to a civil court.
Motion for Rehearing: If You Disagree with a Commission Decision
You may request a rehearing within 14 calendar days after the date we mailed you the 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
Appeal to Civil Court: If You Disagree with a Commission Decision
You may appeal to a civil court between 15 and 28 calendar days after the date TWC mailed you the decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court.
If you ask for a rehearing and the Commission denies it, you can still appeal that decision to a civil court.
Appeal to Civil Court: If a Claimant Disagrees with a Commission Decision
If you win your Commission Appeal and the losing party (in other words, the claimant) 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 and your tax account being charged. Also, since the Attorney General can, by law, only represent TWC, you may need to hire your own attorney.
If you still have questions or concerns, contact us.
Appeal Tribunal
For more information on your appeal status, contact the Appeals Department:
Method of Contact | Information |
---|---|
Online Portal | Employer Benefit Services |
appeals.status@twc.texas.gov | |
Phone Number | 512-463-2807 |
Commission Appeals
Check the status of your Commission Appeal through the information below:
Method of Contact | Information |
---|---|
Online Portal | Employer Benefit Services |
commission.appeals@twc.texas.gov | |
Phone Number | 800-432-4218 |
Keep Your Address Current with TWC
It is important that you keep your mailing address up to date because we will mail the hearing information packet and appeal decision to the address in our records.
You may create or update your designated address to ensure that all our notices go where you want them sent.