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Personal Experiences

On this page I will share others who have be successful and have offered to share their "personal experiences" with TWC and their former employers. It will not however give names or companies and the person will of course be anonymous, it is just to give others hope who don't know where to turn or understand what to do. You can go to the contact form and submit general info about your case and any other information to help others.

Again....Good Luck with your battle!

The next step was to sue TWC and my former employer requesting a Trial de novo review of my case.

I, like you, have taken TWC's rejection for unemployment benefits all the way to the top and lost. The next step was to sue TWC and my former employer requesting a Trial de novo review of my case. Not having money for a lawyer, I utilized Legal Aid and a little of my paralegal experience to draft my petition. I managed to find an employment lawyer to review my draft and get it "file worthy". I was able to get it filed (there is no filing fee by statute) pro se - representing myself. I will be happy to share my story with you, a redacted copy of my petition (for format and ideas to help the next person) and the statute citations to assure you don't have to pay a filing fee (which can be $280). TWC & my former employer have not filed an answer yet, but I would be glad to keep you posted, step-by-step of what is happening as the suit progresses. Just email me if you are interested. Onward and upward.....

Below is a redacted copy of my Petition filed 2 weeks ago. I still have not heard or received anything from the court or the defendants. I think they have 30 days from the time they are served (which could take weeks) to file an answer, so I really didn't expect to have any news on that front. But allowing folks to download this "sample" petition (with appropriate disclaimers) will at least allow them to save some attorney's fees if they prepare a "draft" before they go see an attorney, or if they decide to file pro se like I did. The aggravation value against TWC and your former employer is worth a LOT. An insurance exec friend of mine told me 20 yrs. ago that insurance companies will try to settle a claim before anybody starts suing because it cost (back then) $1500 just to answer a lawsuit, let alone actually try the case! You are more than welcome to share my story, anonymously - especially while the case is still pending. And I think a bulletin/message board is a great idea! Thanks for getting back to me! Hopefully someone will benefit from this! More later...

Here is a sample Plantiff Petition in a word document to edit for possible use by people: CLICK HERE



This cannot be allowed, just because we are an “AT WILL” state.

My name is XXXXXXX; I am a Certified Surgical Technologist and a Certified Surgical Assistant.
I have worked and taught in this medical field for 18 years.

On 10-29-2010 I was terminated by XXXX RN, Director of Operating Room Services. Reason for termination as follows:

“Leaving assigned work area without legitimate reason, or being away from assigned work area without supervisor's permission or taking unauthorized breaks. Not performing at a level regarding the quantity or quality of work”.

I had never seen a written complaint or been told of a performance complaint by any surgeon, coworker or supervisor.

Employment History
7-31-2008 I was hired by XXXX Medical Center for the second time.

In 6-2010 I completed a Surgical Assisting course and because of the completion and good academic scores I was granted an educational reimbursement of approximately $4300.00 by XXXX Medical Center.

On 8-31-2010 - I was awarded a pay raise and was promoted to Certified Surgical Assistant.
      Note: On 9-9-2010 I was written up for saying the word “Bitch” to someone who came into the operating room saying “What’s up Bithches!” I was talked to, suspended and put on probation all at once.

      Note: After returning to work I asked my Supervisor if my evaluation was ready to be signed. I was told that XXXX, Director of the Operating Room was making changes to my evaluation. My annual evaluation was due 7-31-2010. It was over 2 months late.

XXXX had taken my evaluation out of my employee email and was attempting to make changes. I went to the HR Director and told her that this was illegal and I wanted my evaluation returned to its correct state so I could sign it and be awarded my pay raise. After 2 weeks of “IT” computer departments investigation they found out that my Supervisor had taken my evaluation and made changes against hospital policy. It was returned to its original scores and I was awarded the rightful pay raise.
I didn’t know then, but I have found out now my 2 supervisors with the help of one employee (250 employees in the O.R.) The campaign was started of false documentation my quality of work. 
After returning to work I was very conscious of my actions even though every time I turned around co-workers and Surgeons would look at me and say “Hey there Bitch” because it was ridiculous that I had been disciplined for saying that when the culture in the O.R. is different from other departments.

I went to my Supervisor every day and asked about my job, and are there any complaints, is there anything that I need to be aware of ect…..
I found out that I was lied to by my supervisor every day and was told everything is good with my performance and I even had a document showing that days before my termination I was told everything was good with my job and performance.

On 9-22-2010 I was nominated by my peers to receive "Employee of the Month” I was to receive a check for $300.00 and the award on 11-5-2010 at the employee staff meeting. “Employee of the Month” award is the pool for “Employee of the Year”.
      Note: I have a copy of the nomination with all of the employee’s signatures.

On 10-15-2010 I received my annual evaluation with a 3% merit pay increase and I was recorded as performing in the 80% and above on all categories required by XXXX Medical Center. My evaluation scores were higher than the Operating Room Director and all other department Supervisors.

In the 3 years I called in sick 3 days, Never late to work.
All 4 evaluations were “above average” and I was always awarded the highest percentage pay raise allowed.

On 10-29-2010 I was terminated. 

  • I did not sign the termination paper.
  • I asked for a copy of all documentation leading up to my termination.
  • The documentation given to me was a sheet of notebook paper with notes and dates, but it never had a name assigned to any of the notes.
  • I got a copy of all evaluations, awards and went HR and got 2 copies of the employee handbook’
  • I had copies of department and hospital polices.
  • I went to the Surgeons offices and told them why I was terminated and they all wrote letters stating that I was not what I was terminated for, I had all the Surgical Residents at the medical school with a letter on my behalf.

I notified the HR that I wanted to go through the appeals process.
I started gathering all the information need to show that my termination was false and vindictive.

I went through the Appeals Process at the hospital and of course I lost the appeal but I was given a chance to see my employee file and I found documents that I had never seen before and supposedly written by co-workers and they were not aware of the document either.
      I saw in my file that a friend/co-worker had written me up for a statement made about another person/co-worker. After the “hospital appeal” I called that friend/co-worker and told her what was in my file, she went straight to the O.R. Director and told her to remove that document. First of all she did not write or sign that statement and a supervisor forged her signature. The friend/co-worker went to HR as well and said the same thing. The same situation above was true of another document in my file.

I applied for unemployment benefits with Texas Workforce Commission. TWC investigated my claim and found no evidence of misconduct and therefore I was granted unemployment benefits. XXXX Medical Center appealed the decision and a hearing date was set. I was sent a packet from TWC. In the packet were the employer’s documentation about 12 pages. I had never seen these “write up’s “before and the majority of the documents were written by my Supervisors. I answered every document with evidence to back it up.
      I stated that the OR record would show that I was scrubbed in assisting the surgeon during the time the employer stated that I was “on an unauthorized break”, I had letters from the nurse in charge of the room stating that I did my job without any complaints ect…

The first Hearing took one hour and all that was done was entering everything into evidence.
The 2 hearings was on 2-07-2011 and I was very lucky to have a hearing officer that took the time to read everything in the packet. Hearing Officer XXXX.

TWC sent me a written decision by the hearing officer and it was in my favor. I received a 5 page decision from the TWC Hearing Officer XXXX.

In the Appeal Tribunal Decision TWC Hearing Officer XXXX concluded in part:

 “Though the employer presented complaints by several employees those complaints were not signed or sworn. The claimant rebutted those complaints and allegations with her sworn testimony and signed statements from numerous employees. The employer did not present other witnesses to address the claimant’s testimony and evidence and to support their written statements”.

“The evidence presented shows that the employer for whatever reason during the last two months of the claimants employment held the claimant to a higher standard than she previously performed and even treated her different than another employee by disciplining her for the fraternization and taking no action against her fiancé. Based on the facts of this case and the precedent, the employer failed to show by a preponderance of the evidence that the claimant was discharged for misconduct connected with the work”.

After this decision from TWC XXXX, Director of the Operating Room was asked to leave or be terminated after 30 years of employment. I do not believe that it was all because of her actions towards me but it did have some impact on their decision. I was content with unemployment and awarded unemployment benefits until June 2012. XXXX Medical Center has to pay %100 of the benefits. So I had a plan to go back to school and finish my Bachelor’s Degree in Surgical Technology and Surgical Assisting. I did not want to pursue any type of legal action because my fiancé XXXX was employed as a Certified Surgical Assistant at XXX Medical Center.

On 5-25-2011 he was terminated by XXXX, Vice President of Patient Services XXXX Medical Center for “theft” of a badge clip. In short he and a porter named XXXX were moving a broken operating room bed to the basement for repair in the process his badge was caught on the bed and broke the clip holding it to his scrubs. Human Resources have the badge clips in there office. They are in a bowl on a desk right next to the pen, candy, and other promotional stuff. He picked up 2 badge clips one for the porter and one for himself. After he was interrogated for 2 days about being in a “restricted area”, he was terminated for theft and the porter was not disciplined. My fiancé was told by XXXX that the badge clip cost $2.00. The porter was not terminated because he said “sorry” to XXXX. My fiancé has a list of 88 past and current XXXX employees that say they have never had to pay for or asked permission to get a badge clip out of the bowl in Human Resources. He was awarded unemployment and is the appeal process now. He and I found a new avenue of employment and ready to put all of this behind us so we formed a company. We would contract our services to the surgeons; they did not have to hire us on call when we were needed. We carry our own professional liability insurance and only bill patients insurance, not the patient. Trevor and I applied for privileges with XXXX Medical Center Medical Staff Services.
We had signatures and the support 5 sponsoring us at XXXX Medical Center. The Credentialing Committee meets on September 7, 2011 to approve all applications. I called XXXX the day before the meeting to make sure that both of are applications were complete and ready for approval. I was told that both applications were complete and ready, she did not see anything wrong and would receive a letter of approval in the next 2 days.
I called her on 9-9-2011 and asked about our application I was told that language was added to the rules and regulations that would not allow our applications to be considered. Isn’t that called “Ex post facto”?

We have talked to several attorneys in our area, but this is a small town with the Good Old Boy system. There has to be something someone can do to help us or just one of us. This cannot be allowed just because we are an “AT WILL” state. I am a 45 year old single mother of a wonderful 13 year old daughter wanting to go to work in my chosen field, but I feel that I am being obstructed, blackballed and pushed aside. I feel that we were singled out and retaliated against because of me. If you need more information or have any questions please contact me at any time.



I have experience that is so corupt and don't in favor of the person who has lost there job.

I have experience that is so corupt and don't in favor of the person who has lost there job. I applied to benifits because I was fired, I also felt that I had been harrassed on the job that is affiliated with the DOL in Tx. and was tossed as if I was nobody with life and in a country of free speech. I was accused of misconduct and the time of what I felt was wrong termination turn into a attempt to discredit my character as a working class citizen of the UNITED STATES OF AMERICA. This has been a troublesome experience for me and my family. I have had no success in finding help with TexasWorkforce organization and ignored as a human being. I can't afford to keep food on the table and afford to obtain legal representation regarding a justifiable attempt of false statements presented by XXXXXXXX that is ran by XXX. This has been a nightmare trying to get a proper resolution regarding my experience with both organizations. If I could afford to I would get an attorney to represent me in this matter, but unfortunly can't afford one.

Thank you! I used your site and form letters as a guide and I WON!!! Thank you for this site.

I was employed as an elementary school social worker for 12 years with a private non-profit agency. I was placed in schools to work with kids to help them. I did not work for the school district, but for a private non-profit agency. I had received a promotion mid way through my employment and was an area manager. On a friday, I was called in to human resources and told a serious accusation had been made against me. I asked what it was. They said it warranted further investigation.

On Monday, I was called back to human resources and told I was being terminated. I asked again what I had done. They said the decision had been made. I asked if a demotion was considered and they said it was not an option. I came home and filed for unemployment. I said I was fired and I had not been fired for misconduct. I received benefits immediately. Soon after, I received a call from TWC stating that my former employer said I yelled at two employees and refused to help them. I denied it and benefits continued. I received a letter stating my employer had appealed and there would be a hearing. I had 2 phone hearings. I had received my "packet" for the first hearing and found they were presenting 2nd hand documentation from one employing stating another employee said I yelled at her. They also presented a document from an employee stating she didn't like the review I had given her.

During the first hearing the employers told the hearing officer that I had been fired under a statement in the employee handbook that I had "verbally abused, threatened and/or initimidated" another employee. With this information, I sent two letters to the two employees they claimed had made the accusations against me. I asked simple questions. DID (MY NAME) EVER VERBALLY ABUSE YOU? (THREATEN, INTIMIDATE, REFUSE TO HELP, YELL) Each in its own question. Both people answered no to all questions and mailed the letters back to me. I submitted the documents for the 2nd hearing. During the 2nd hearing human resources forced one of the people to testify against me and say that I had indeed yelled at her. The second person had already resigned her position with the agency. The hearing officer sided with the agency and stopped my benefits in March. The hearing officer found that I had YELLED at two people. I appealed to the Commission. I used your documents to do so. I told the Commission that it was obvious the person was under duress in fear of losing her own job when she tesified against me. I attached both signed documents I had obtained.

After almost 4 months I received a letter stating that the Commission overturned the decision.They found that the first accusation was hearsay and that my testimony and signed document was greater proof. They found that the second accusation had conflicting tesimony and could not be trusted. They said the employer had not been successful with the burden of proof. I received all back pay dating back to March. But my account had run out mid April. I called TWC to see if I had been eligible for an extension and if I could still get it. The operator I reached was surprised that I had continued to do my work searches and request my payments every 2 weeks as required. Because I had done everything correctly, she approved me for an emergency benefit. She paid me back pay from April till June and told me my remaining benefit from the extension. I am still receiving benefits.

Again, I thank you. Your website and information on it helped me write the documents that won my case!


Your site is awesome... thanks for your info... I was totally prepared!


I cannot believe I found your site, it allowed me to get my benefits from me job because I was laid off from them. I had an issue at work, in which my employer was losing money due to no business. He decided he would let me go saying that I was not doing my job properly. I used your site and a few weeks later, and an appeal later, I am getting my benefits. Thanks again for the site and please keep up the good work!!


Thank you so much for your infomration, it has helped us to get by for the time being.


Last fall I was laid off from my position Austin-based company. Thankfully, I do have my unemployment check, thanks to your site, we're not making ends meet, but at least we have something coming in for now. In the years leading up to my layoff we did everything we were supposed to: We put away six months salary in savings; we bought a house within our means; and we had no credit card debt.

But as time ticks by, our savings account is disappearing. To slow the decline, we cut all unnecessary spending. Mortgage payment, food and gas. We're trying to keep our financial situation from harming my two kids as much as possible, as they are our priority. My wife and I can, have, and will continue to make the sacrifices. We want to do the little things we can do to protect our children from the 'adult problems' of the current economic situation. We know we'll land on our feet. With our children at such a critical stage in their development, we just want to make sure they do, too."

But I could not have done it without your site and I thank you!




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 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