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How to FIle an Appeal to the Texas Workforce Commission


 

Step One: Submitting Your Appeal Letter

If you have received the "case worker’s" decision because the employer contests it and you do not agree with it, you may appeal that decision to the Texas Workforce Commission Office. For Hearing Officer decisions, appeals to the commission must be in writing and received within 14 days from the time of the date the Hearing Officer's decision was mailed. The decision’s mailing date appears on the front of the decision. Appeals may be handwritten or typed, and may be faxed, mailed, or hand-delivered to the Texas Workforce Commission Office, but the appeal must be received within the time limit. If the last day of the appeal period falls on a Saturday, Sunday, or legal holiday, the time limit is extended to the next day that is not a Saturday, Sunday, or legal holiday.

It is very important to file a timely appeal, as appeals that are filed after the time limit can only be accepted if the commission determines good cause has been shown for the late appeal.

Appealing to the Commsission's decision and wish to go to a hearing?

You do not need to include in your initial appeal letter any arguments or statements about your case. You will have an opportunity to submit a written statement supporting your position at a later time to the hearing officer. In your initial letter, all that is required is a simple statement indicating you wish to appeal the hearing officer’s decision. In that letter, you should include the claimant’s name and social security number, the case number (which appears directly below the social security number on the Hearing Officer’s decision), and your signature.

If you participated in your hearing, you cannot be granted a new hearing without proceeding with an appeal. A new hearing would only be conducted if, after considering your appeal, the Commission determines there was an error or other irregularity that requires another hearing before a hearing officer. The Commission does not hold hearings or oral argument of any kind for the cases it considers.

Here are some helpful Downloads in word document form to allow easy editing:

Sample Appeal Letter

Sample Commission Appeal Letter

Blank Fax Cover Sheet



 

Step Two: Appealing an Appeal Tribunal Decision

If you wish to request a review of this case by the Commission, you may file an appeal by writing directly to Commission Appeals at:

Texas Workforce Commission
Commission Appeals, Room 678
101 E. 15th Street
Austin, TX 78778-0001

or you may have an appeal form completed at any local Commission office. Your appeal must be within fourteen (14) days from the date this decision was mailed to you. Please include in your appeal: the claimant's Social Security number, the appeal number, and the date the decision was mailed.

If you did not appeal and offer evidence at the hearing before the Appeal Tribunal, you may request a new hearing if you wish to contest this decision and if you have good cause for your nonappearance. You may file a request by writing directly to Commission Appeals, at the address shown above, or you may have a form completed at any local Commission office. Your appeal must give the reasons why you were not able to appear and must be within fourteen (14) days from the date this decision was mailed to you. Please include in your request: the claimant's Social Security number, the appeal number, and the date the decision was mailed.

If the fourteenth (14) day from the decision mailing date falls on a Texas state holiday, the time limit for filing a request for a new hearing or an appeal will be extended through the next working day. Any request for a new hearing or appeal made prior to the date this decision was mailed will not be treated as a proper and timely request for rehearing or appeal from this decision.

 

Step Three: Filing a Motion for Rehearing or Appealing to Court

The date of mailing of the decision is set out at the top of the decision. All mailing dates are shown as month, day, and year. If you do not understand this form or the decision of the Commission, you should immediately contact the nearest TWC local office.

You have two methods of appeal available: (1) filing a motion for rehearing with the Commission, or (2) filing a petition for judicial review in a court of competent jurisdiction.

Section 212.153 of the Texas Unemployment Compensation Act provides that this decision will become final fourteen (14) days after the date of mailing thereof, unless within such fourteen (14) days, the appeal is reopened by Commission order or a party to the appeal files a written motion for rehearing.
A Motion for Rehearing must be filed in writing. You may file by mailing it directly to this office at

Texas Workforce Commission
Commission Appeals, Room 678
101 E. 15th Street
Austin, TX 78778-0001

or you may file it in person at any local TWC office. The Commission will grant your motion only if it:

1. describes specific new evidence that is not in the record,
2. states a true, compelling reason why the evidence was not presented at the earlier hearing, and
3. explains specifically how the new evidence will change the outcome of the case.

The Commission will grant your motion only if you have shown substantial reasons for granting it. Please include your social security number and the appeal number in your motion.

Chapter 212 of the Texas Unemployment Compensation Act provides in Subchapter E that a party aggrieved by a final decision of the Commission may obtain judicial review of the decision by bringing an action against the Commission in a court of competent jurisdiction in the county of claimant's residence for a trial de novo review of the decision. Such action must be brought between the 15th and the 28th day after the date of the Commission decision, and each other party to the proceeding before the Commission must be made a defendant in such action. If the claimant is not a Texas resident, such action must be filed in Travis County, or the Texas county where claimant's last employer has its principal place of business, or in the Texas county of claimant's last residence. The petition in such action must state the grounds on which review is sought, and must be served on a member of the Commission or a person designated by the Commission and there must be left with such person as many copies of the petition as there are defendants. This constitutes completed service on all parties, and the Commission immediately shall mail one copy of the petition to each defendant.

Step Four: Appealing a Motion for Rehearing Decision

The decision will become final fourteen (14) days after the date of mailing of the decision. The date of mailing is set out at the top of the decision. All mailing dates are shown as month, day and year. Should you disagree with this decision, and wish to pursue the matter further, your ONLY recourse at this point is to file suit. In effect, such suit should be filed from the 15th through the 28th day after this decision was mailed. Further correspondence with the Commission will NOT serve to preserve your rights in this case.

If you do not understand the letter or the attached decision of the Commission, you should immediately contact the nearest TWC local office.

Chapter 212 of the Texas Unemployment Compensation Act provides in Subchapter E that a party aggrieved by a final decision of the Commission may obtain judicial review of the decision by bringing an action against the Commission in a court of competent jurisdiction in the county of claimant's residence for a trial de novo review of the decision. Such action must be brought between the 15th and the 28th day after the date of the Commission decision, and each other party to the proceeding before the Commission must be made a defendant in such action. If the claimant is not a Texas resident, such action must be filed in Travis County, or the Texas county where claimant's last employer has its principal place of business, or in the Texas county of claimant's last residence. The petition in such action must state the grounds on which review is sought, and must be served on a member of the Commission or a person designated by the Commission and there must be left with such person as many copies of the petition as there are defendants. This constitutes completed service on all parties, and the Commission immediately shall mail one copy of the petition to each defendant.

NOTE: Your failure to cooperate with the Attorney General and the TWC may result in your case being reversed by the civil court and an overpayment being assessed, if you are a claimant, or your tax account being charged if you are an employer. Also, as the Attorney General can, by law, only represent the TWC it may be necessary for you to hire your own attorney.

This is where everyone generally cuts their losses because no one has money to pay for a lawyer or additional evidence to submit for a rehearing.

ATTENTION: If you choose to take it further, a conrtibutor to the site has added a sample Plaintiff Word Document to file with the court on our personal experiences page. Please check that out for more info if you would like to attempt to go to court againt TWC and the your employer.

If you have questions or comments about the information or need clarity, please direct them to Commission Appeals via e-mail: comapp@twc.state.tx.us.

 

 

 

 
 
 
Disclaimer: The information presented in these pages is for educational purposes only, and does not constitute legal advice.
Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion
about your own employment law problem, you should seek help from a licensed attorney.
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You are able to file unemployment with the Texas Workforce Commission from any of these cities listed below in the State of Texas:

* Abbott * Abernathy * Abilene * Ackerly * Addison * Adelphi * Adrian * Agua Dulce * Alamo Heights * Alamo * Albany * Aledo * Alice * Allen * Alleyton * Alpine * Alton * Alvarado * Alvin * Amarillo * Ames * Amherst * Anahuac * Anderson * Andrews * Angleton * Angus * Anna * Anson * Antelope * Anton * Appleby * Aquilla * Aransas Pass * Archer City * Arcola * Argyle * Arlington * Arp * Asherton * Athens * Atlanta * Aubrey * Austin * Austwell * Azle * Bailey's Prairie * Bailey * Baird * Balch Springs * Balcones Heights * Ballinger * Balmorhea * Bandera * Bangs * Bardwell * Barrett * Barry * Barstow * Bartlett * Bastrop * Bay City * Baytown * Bayview * Bayou Vista * Baytown * Beach City * Bean Station * Beasley * Beaumont * Beckville * Bedford * Bedias * Bee Cave * Beeville * Bellaire * Bellevue * Bellmead * Bells * Bellville * Belton * Benavides * Benbrook * Benjamin * Bertram * Beverly Hills * Bevil Oaks * Big Lake * Big Spring * Big Wells * Bishop * Black * Blackfoot * Blackwell * Blanco * Blanket * Blossom * Blue Mound * Blue Ridge * Boerne * Bogata * Bolivar Peninsula * Bonham * Boonville * Bootleg * Borger * Bovina * Bowie * Brackettville * Brady * Brazoria * Brazos Bend * Brazos Country * Breckenridge * Bremond * Brenham * Briaroaks * Bridge City * Bridgeport * Brookshire * Brookside Village * Browndell * Brownfield * Brownsboro * Brownsville * Brownwood * Bruceville-Eddy * Bryan * Bryson * Buda * Buffalo * Bulverde * Bullard * Bulverde * Bunker Hill Village * Burkburnett * Burke * Burleson * Burnet * Byers * Cactus * Caddo Mills * Caldwell * Callisburg * Calvert * Cameron * Camp Wood * Campbell * Canadian * Canton * Canyon * Hill * Carmine * Carrizo Springs * Carrollton * Carthage * Cashion Community * Castle Hills * Castroville * Cedar Hill * Cedar Park * Celeste * Center * Center City * Centerville * Chandler * Channelview * Channing * Charlotte * Chapel Hill * Chester * Chico * Childress * Chillicothe * Chilton * China * China Grove * Chireno * Chocolate Bayou * Christoval * Cibolo * Cisco * Cistern * Clarendon * Clarksville City * Clarksville * Claude * Clear Lake Shores * Clear Lake * Cleburne * Cleveland * Clifton * Clint * Clute * Clyde * Cockrell Hill * Coffee City * Coke County * Coldspring * Coleman * Collinsville * College Station * Colleyville * Colmesneil * Colorado City * Columbus * Comanche * Combes * Combine * Comfort * Commerce * Concan * Concepcion * Cone * Conroe * Converse * Cool * Coolidge * Coppell * Copperas Cove * Cooper * Copper Canyon * Corinth * Corpus Christi * Corral City * Corrigan * Corsicana * Cottonwood Shores * Cottonwood, Kaufman County * Cotulla * Cove * Covington * Crandall * Crane * Cranfills Gap * Creedmoor * Cresson * Crockett * Crosby * Crosbyton * Cross Plains * Crowell * Crowley * Crystal Beach * Crystal City * Cuero * Cumby * Cumings * Cummins Crossing * Cuney * Cushing * Cut and Shoot * Cyclone * Cypress * Daingerfield * Daisetta * Dalhart * Dallas * Dalworthington Gardens * Damon * Danbury * Dayton * Dayton Lakes * De Leon * Deadwood * Decatur * DeCordova * Deer Park * DeKalb * Dell City * Del Rio * Denison * Denton * Denver City * Desert * DeSoto * Detroit * Devine * Devers * Diboll * Dickinson * Dike * Dilley * Dime Box * Dimmitt * Ding Dong * DISH * Dodd City * Dodge * Donna * Doss * Dozier * Dripping Springs * Dublin * Dumas * Duncanville * Duster * Eagle Lake * Eagle Pass * East Bernard * East Mountain * East Texas Center * Eastland * Edcouch * Eden * Edgewood * Edinburg * Edna * Edom * Egypt * El Campo * El Paso * Eldorado * Electra * Elevation * Elgin * Elmo * Elsa * Elysian Fields * Emily * Emory * Emhouse * Ennis * Eola * Erin * Escobares * Euless * Eustace * Evadale * Evant * Fairfield * Fairy * Falcon Heights * Falfurrias * Farmers Branch * Farmersville * Farwell * Fate * Flat * Flatonia * Flint * Flomot * Flower Mound * Floresville * Florence * Forney * Fort Davis * Fort Gates * Fort Hood * Fort Stockton * Fort Worth * Franklin * Frankston * Freer * Fredericksburg * Freeport * Friendship * Friendswood * Frisco * Fritch * Frognot * Frost * Fruitvale * Fulshear * Gainesville * Galveston * Garden Ridge * Garden Valley * Garland * Garner * Garwood * Gatesville * Gay Hill * Gaylord * Georgetown * Giddings * Gilmer * Gladewater * Glenn Heights * Glen Rose * Goldthwaite * Goodnight * Goliad * Gonzales * Gordon * Graford * Graham * Granbury * Granjeno * Grand Prairie * Grand Saline * Grape Creek * Grapeland * Grapevine * Greenville * Gresham * Groesbeck * Grow * Groveton * Gruene * Gun Barrel City * Guy City * Hart * Hale Center * Hallettsville * Hallsville * Haltom City * Hamilton * Hamlin * Happy * Hardin * Hargill * Harker Heights * Harleton * Harlingen * Harriett * Haskell * Hawk Cove * Hawkins * Hearne * Hebbronville * Heckville * Heidenheimer * Helotes * Hemphill * Hempstead * Henderson * Henrietta * Hereford * Hewitt * Hico * Hidalgo * Hideaway * Hye * Highland Village * Highlands * Hill Country Village * Hillsboro * Hilshire Village * Hitchcock * Hockley * Hogeye * Hondo * Honey Island * Hoop and Holler * Houston * Howe * Hughes Springs * Humble * Hunter Lankford * Huntington * Huntsville * Hurst * Hutto * Idalou * Ike * Impact * Independence * Indian Lake * Industry * Ingleside on the Bay * Ingleside * Ingram * Inhouse * Iowa Park * Iraan * Iredell * Irving * Italy * Itasca * Ivanhoe * Ivanhoe North * Jacksboro * Jacksonville * Jamaica Beach * Jarrell * Jasper * Jefferson * Jewett * Jones Creek * Johnson City * Josephine * Jourdanton * Junction * Joshua * Karnack * Karnes City * Katy * Kaufman * Keller * Kemah * Kenefick * Kennedale * Kerens * Kermit * Kerrville * Kilgore * Killeen * Kingsbury * Kingston * Kingsville * Kingwood * Kirbyville * Kosse * Kountze * Krugerville * Krum * Kurten * Kyle * La Feria * La Joya * La Grange * La Grulla * La Marque * La Norah * La Porte * La Pryor * La Vernia * Lacy-Lakeview * Laguna Vista * Lajitas * Lake Brownwood * Lake Dallas * Lake Jackson * Lake Worth * Lakeway * Lampasas * Lamesa * Lancaster * Lane City * Laredo * Las Colinas * Latexo * League City * Leander * Leon Valley * Leonard * Levelland * Lewisville * Lechuga * Liberty * Lindale * Little Elm * Littlefield * Live Oak * Livingston * Lockett * Lockhart * Lolita * Lone Oak * Lone Star * Longview * Lorenzo * Los Fresnos * Los Indios * Los Ybanez * Lowake * Lubbock * Lucas * Luckenbach * Lueders * Lufkin * Lumberton * Lyford * Mabank * Madisonville * Mansfield * Manvel * Magnet * Magnolia * Malakoff * Mcallen * McClanahan * McKinney * McLeod * McMahan * Meadow * Meadows Place * Melvin * Menard * Mentone * Mercedes * Merkel * Mesquite * Mexia * Meyersville * Midkiff * Midland * Midlothian * Midway * Miles * Millersview * Millican * Mineola * Mineral Wells * Mission * Missouri City * Mobile City * Monahans * Monterey * Montgomery * Mont Belvieu * Moody * Moore Station * Morgan's Point * Morton * Moscow * Moulton * Mt. Pleasant * Mt. Sylvan * Mt. Vernon * Muenster * Munday * Murphy * Nacogdoches * Naples * Nassau Bay * Navasota * Nederland * Needville * Negro Crossing * Neiderwald * Nesbitt * New Boston * New Braunfels * New Caney * New Falcon * New Harmony * Newcastle * Newton * New Ulm * New Waverly * Neylandville * Nixon * Noonday * North Cleveland * North Richland Hills * North Zulch * Oak Cliff * Oak Leaf * Oak Point * Oatmeal * Odem * Odessa * Old River-Winfree * Olfen * Omaha * Olmito * Olton * Onalaska * Orange * Orangefield * Orange Grove * Ore City * Orient * Overton * Owentown * Ozona * Paducah * Paint Rock * Paige * Palacios * Palmhurst * Palmview * Palm Valley * Pampa * Panna Maria * Pantego * Paradise * Paris * Parker * Pasadena * Pearland * Pecan Gap * Pecos * Perryton * Pflugerville * Pharr * Pilot Point * Pine Forest * Pineland * Pittsburg * Plainview * Plano * Plantersville * Pleasanton * Plum Grove * Ponder * Point Comfort * Port Aransas * Port Arthur * Port Isabel * Port Lavaca * Port Mansfield * Port Neches * Porter * Port O'Connor * Portland * Post * Post Oak Bend City * Poteet * Pottsboro * Prairie View * Prairie Hill (Washington County) * Premont * Presidio * Primera * Princeton * Progreso * Progreso Lakes * Prosper * Quanah * Queen City * Quinlan * Quitaque * Quitman * Raisin * Ralls * Rancho Viejo * Ranger * Rangerville * Rankin * Ravenna * Raymondville * Red Bird * Red Hill * Red Oak * Red Springs (Baylor County) * Red Springs (Smith County) * Refugio * Reklaw * Reno * Rhome * Richardson * Richland * Richmond * Riesel * Rio Grande City * Rio Hondo * Rios * Rising Star * River Oaks * Riviera * Roanoke * Robinson * Roby * Rockdale * Rocket * Rockport * Rockwall * Roma * Ropesville * Rosalie * Rose City * Rose Hill Acres * Rosebud * Rosenberg * Rosharon * Rosser * Rotan * Round Rock * Round Top * Rowena * Rowlett * Royse City * Rucker * Rusk * Sachse * Sacul * Sadler * Saginaw * Saint Jo * Salado * San Angelo * San Antonio * San Benito * San Diego * San Juan * San Marcos * San Perlita * San Saba * Sanco * Sanctuary * Sanderson * Sanger * Santa Anna * Santa Fe * Santa Rosa * Santo * Sarita * Savoy * Schertz * Scottsville * Scroggins * Scurry * Seabrook * Seagoville * Sealy * Sebastian * Seguin * Seminole * Seymour * Shallowater * Shamrock * Shavano Park * Shenandoah * Sheldon * Sherman * Shreveport * Shiner * Shoreacres * Silsbee * Silver * Sinton * Skellytown * Slaton * Smithville * Smyer * Snyder * Somerville * Sonora * Sour Lake * South Padre Island * Southlake * Southmayd * Spearman * Splendora, Texas * Spring * Spring Branch * Spring Valley Village * Springtown * Spur * Stafford * Star * Sterling City * Stephenville * Stinnett * Stowell * Strawn * Study Butte * Sugar Land * Sullivan City * Sulphur Springs * Sunnyvale * Swan * Sweeny * Sweetwater * Taft * Tahoka * Talco * Talty * Taylor * Taylor Landing * Teague * Temple * Tenaha * Tennyson * Terlingua * Terrell * Texarkana * Texas City * Texhoma * The Colony * The Woodlands * Thornton * Thompson (Fake, does not exist) * Throckmorton * Tiki Island * Tilden * Timpson * Tioga * Tito * Toco * Toledo * Tom Bean * Tomball * Tool * Trinidad * Trinity * Trophy Club * Troup * Tulia * Turkey * Tuscola * Turnersville * Tyler * Uhland * Umbarger * Uncertain * Union Grove * Union Valley * Universal City * University Park * Utley * Utopia * Uvalde * Valley Mills * Valley View * Van * Van Alstyne * Vancourt * Vanderbilt * Vanderpool * Van Horn * Van Vleck * Venus * Veribest * Vernon * Vick * Victoria * Vidor * Volente * Von Ormy * Waco * Wall * Waller * Watermelon * Waskom * Watauga * Water Valley * Waterloo * Waxahachie * Weatherford * Webberville * Webster * Weimar * Welch * Weslaco * West * West Columbia * West Lake Hills * West Orange * West Tawakoni * West University Place * Westlake * Westover Hills * Westworth Village * Wharton * Wheeler * Wheelock * White Oak * White Settlement * Whitehouse * Wichita Falls * Willow Park * Wimberley * Windcrest * Wingate * Winnie * Winnsboro * Winona * Winters * Wixon Valley * Wolfe City * Woodlake * Woodlands * Woodlawn * Woodsboro * Woodville * Woodway * Wortham * Wylie * Yancey * Yantis * Yoakum * Yorktown * Zapata * Zavalla * Zephyer