File an Unemployment Appeal

Learn how to appeal a decision.

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 on Payment of Unemployment Benefits 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 nearest Workforce Solutions office, or by mailing or faxing your appeal letter to the Appeals Department. The mailing address and fax number are shown on your Determination Notice and listed below. You cannot submit 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.

Your letter or appeal form should include:

• Your name
• Your Social Security 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

Please 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).

Accommodations for Your Hearing

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
• 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 your claim
• All fact-finding statements TWC gathered while investigating the issue(s) on appeal
• Any protests to your 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: 512-475-2044

In person at a local Workforce Solutions office (by ZIP code).

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 nearest 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 e-mail 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.

• Getting Prepared for Your Appeals Hearing
• Getting Prepared for Your Appeals Hearing (Spanish)

Check the Status of Your Appeal

Within two to three weeks after submitting an appeal, you can go online to view the status of any appeal in which you are involved. For further details, visit After the Appeal Hearing. View a tutorial on how to check your appeals status online.

Preparing Case Documentation

Document evidence you want to present at your hearing.
Case documentation could include:

• 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 employer may offer against you in the hearing, such as warnings or reprimands.

Any documents you want to present during the hearing must be provided to the Hearing Officer and to the other party in your appeal (the claimant or the employer) 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 a supervisor 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 below for more information on unemployment benefits appeals witness etiquette. 

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 only allow Hearing Officers to delay or reschedule hearings in specific, limited cases.

One Hour Before the Hearing 

For telephone hearings, you must register a phone number where you can be reached no earlier than one hour but preferably no later than 15 minutes from the hearing start time listed on the notice to ensure all parties are registered.

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 register for your telephone hearing 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, you have the option to withdraw your appeal. Only the individual who filed the appeal 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.

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.

• What Happens at an Appeal Tribunal Hearing?

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

Within two to three weeks after submitting an appeal, you can go online to view the status of any appeal in which you are involved. You will need to have or create a login for the Unemployment Benefits Services site.

Once logged in, under the “Quick Links” on the left of every page you will see a link for “Appeal List.” This will include information on any active appeal you are involved in, as well as appeals within the past two years.

Here you can find relevant information such as the appeal file date, the level of your appeal, and its current status. The “View” link will display full status information for each appeal in which you are involved.

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.

If the decision is not in your favor and results in an overpayment of benefits, you will be required to repay those benefits to TWC.

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 your 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: Tape Duplication
  101 E 15th St, Rm 406
  Austin, TX, 78778
• Fax: 512-936-3594, Attention: Tape 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.

If You Disagree with an Appeal Decision

For individuals, see How to Appeal a Decision for more information on the Commission Appeals process, Motion for Rehearing, or appealing to a Civil Court.

For employers, see Appeals Process for Employers for more information.

As a witness, you have obligations and rules you must abide by.

General Information

• Tell the truth.
• Listen to the whole question and repeat the question in your mind before answering.
• Answer the question asked, even if you believe it is the wrong question.

Answering Questions

• Wait until the other person finishes asking the question before answering it.
• Do not assume or guess. Tell what you know from first-hand knowledge.
• Stick to the facts.
• Be certain you understand the question. Ask the other person to repeat or restate the question if you are uncertain.
• “I don’t know” or “I don’t remember” are acceptable answers. You are not expected to have universal knowledge.
• Silence is not a bad thing; stop talking when you answer the question.
• Correct any mistakes in your statements when they are pointed out to you.
• Speak clearly and firmly, loudly enough to be heard by everyone.
• Use your own words when answering questions. Do not let the other party form your answer.
• Provide a complete answer, even if the other party interrupts.

Documents

• Read the entire document before answering any questions.
• Request that the document be entered as an exhibit if it will assist in answering any questions.
• Make sure all documents you intend to offer as exhibits are provided to the hearing officer and the other parties prior to the hearing.
• If the document is not available to all parties, do not mention the document.

Hearing Decorum

• Avoid conversational or personal discussions, on and off the record. This is a legal proceeding.
• Do not show emotion regardless of what is said. Maintain a professional composure.
• Be respectful of the hearing officer and the opposing parties.
• Avoid arguing with the other side.
• Be as comfortable and relaxed as you can.

If you still have questions or concerns, contact us. 

Appeal Tribunal

For more information on your appeal status, contact the Appeals Department:

Commission Appeals

Check the status of your Commission Appeal through the information below: