Unemployment Benefits Hearing
TEXAS HEALTHCARE PROVIDERS AND PROFESSIONALS
TEXAS WORKFORCE COMMISSION - UNEMPLOYMENT BENEFITS
Are you a Texas healthcare provider or professional who has been wrongfully denied unemployment benefits by your former employer? Are you a healthcare professional who is concerned that your former employer is denying you unemployment benefits with a future motive to get you into a hearing so they can try to ruin your reputation or your chance for future employment? If you are a registered nurse, licensed vocational nurse, physician, pharmacist, occupational therapist, physical therapist, or any licensed healthcare professional who feels that they are wrongfully being denied unemployment benefits because of a vindictive former employer please call Eyler Law Offices at 214-540-7750, or email us to discuss your unemployment case.
DO I NEED AN ATTORNEY FOR MY UNEMPLOYMENT HEARING?
When you request a telephone hearing the materials sent from the Texas Workforce Commission will tell you that you do not need an attorney. This is simply because they want to get through as many hearings as they can without taking extra time that it takes for an attorney to ensure your case is presented thoroughly. There are no consequences to the TWC when you fail to put on a good case and your benefits are denied. The fact is you have a better chance of winning and protecting yourself for future potential employment issues if you hire an attorney.
What most people do not understand is that hearing is recorded and under oath and “on the record”, so what you say can cause you potential problems later, especially if you do not know what you are doing. Employers that want hearings to deny you benefits will pull out all of the stops to try to get you to say things without thinking. These type of statements are often taken out of context and can come back to bite you in the future.
One thing that makes TWC appeals more difficult is if a prospective client tries to handle the first part of the hearing and then they find themselves losing. If they wait and try to handle it themselves often times it ends in disappointment. Typically, there is more success with these hearings if the attorney is involved from the beginning of the process.
This fact highlights the very reason you need an attorney. An attorney would know that whatever evidence you get on the record at the hearing is generally the only evidence that the TWC can review on appeal. An attorney knows how to handle various other issues that will increase your chances of getting your unemployment as well. An attorney will make sure that even if the other party never shows up at the hearing that you will get all of the facts that you need on the record just in case the other party appeals later.
If the other side does show up, your attorney will make sure that you get all your testimony and exhibits in over the other side's objections. Many times the employer will show up with an attorney who will object to all of your exhibits.
Again, the TWC will tell you that you do not need an attorney, but remember that is because it makes it easier for them to get through numerous cases in a day. That is not your problem, and you have every right to be well represented at the hearing, after all you are there to try to win your case.
If you are set for an unemployment benefits hearing, call Eyler Law Offices at 214-540-7750 or email us.
The Typical Unemployment Benefits Process: The Texas Appeal Process
Once a claim is filed for unemployment benefits, the Texas Workforce Commission (TWC) will review the information you provide, talk to your past employer, and more than likely interview you by phone. After its review is complete, the TWC will either grant or deny your claim for unemployment benefits. If your claim is granted, you will soon start filing weekly claims for unemployment benefits, and receiving your unemployment checks.
Texas Workforce Commission Appeals Process
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
Typically, if you request an appeal, a hearing will be scheduled. At the hearing, you will be able to present any evidence you have that your claim should have been granted. (The employer has the same right.) For example, if you think you earned enough to qualify for unemployment benefits but your employer misreported your earnings, you might bring in your wage stubs or copies of deposited paychecks to prove that you were paid more than the employer claimed.
You may also be able to bring in witness testimony -- either by questioning witnesses in person or asking them to submit written statements. This could be important if the reasons why you left your last job are in dispute. For example, if the unemployment agency found that you voluntarily quit, but you actually left because of ongoing sexual harassment (or some other valid reason), you might be able to present testimony from coworkers who witnessed the harassment or a note from your doctor indicating that your health was suffering because of the harassment.
The person conducting the hearing will make a decision on your appeal. If you win and are granted unemployment benefits, you are entitled to continue receiving the benefits, even if the employer appeals that decision at a higher level of review. Basically, once you get a positive ruling, you are entitled to unemployment benefits until a different ruling is obtained.
Again, if you are a registered nurse, licensed vocational nurse, physician, pharmacist, occupational therapist, physical therapist, or any licensed healthcare professional who feels that they are wrongfully being denied unemployment benefits because of a vindictive former employer, please call Eyler Law Offices at 214-540-7750, or email us to discuss your Texas Workforce Commission unemployment benefits case.