My Employer Appealed My Unemployment Approval in Texas. What Now?
My Employer Appealed My Unemployment Approval in Texas. What Now?
By Tiffany R. Leavy, Esq., Leavy Law Firm, PLLC. Former Administrative Judge, Texas Workforce Commission. Last updated October 2, 2026.
Short answer: An approval is not final if your employer appeals it. You will get a hearing notice, and you should treat the hearing as seriously as if you had been denied. Keep requesting your benefit payments, gather your evidence now, and be ready to present your side, because the outcome can change a decision that originally went your way.
Can my employer really appeal if I was approved?
Yes. Employers have the right to appeal a TWC determination that grants benefits, generally within the same short deadline that applies to claimants, which is 14 calendar days from the mailing date of the determination. Employers appeal for many reasons. They may disagree with TWC's view of why the job ended, believe you quit or were fired for misconduct, dispute how wages or severance were treated, or want to protect their unemployment tax account.
An employer appeal does not mean you did something wrong. It is a routine part of the process, and it happens often.
How will I find out?
TWC typically mails a notice that the employer has appealed and later sends a notice of hearing with the date, time, and instructions for joining. Read it carefully, and check your mail and your online TWC account regularly so you don't miss a deadline or a hearing.
Do I keep getting paid while the appeal is pending?
Generally, keep requesting your benefit payments on schedule and keep meeting the work search requirements.Whether payments continue during the appeal depends on your claim, and you should follow the instructions in your notices. The important point is that if you stop requesting payments, you may lose weeks you would otherwise be owed, even if you win.
What if I lose and I was already paid?
This is the worry I hear most. If the decision is reversed on appeal, TWC may determine that benefits you received were an overpayment, and you can be required to repay them. Whether and how that applies depends on the specific facts of your case and on the reason for the reversal, so it is one more reason to take the hearing seriously. Do not assume that money already paid to you is safe.
Who has to prove what?
The side that filed the appeal generally has to persuade the hearing officer that the earlier decision should change. In an employer-filed appeal, that means the employer is asking the hearing officer to find that you are not entitled to benefits. The specifics depend on the issue. In a discharge case, the question is often whether you were fired for work-connected misconduct. In a quit case, it is whether you left for good cause connected with the work. In a wage or severance case, it can turn on documents, dates, and how the payments were described.
Hearing officers decide based on the testimony and documents in the record, so what you present matters.
How should I prepare?
Find out the exact issue. Your notice and the original determination should tell you what is being decided. Prepare for that issue, not for everything you think went wrong at work.
Gather your documents. Examples include the determination letter, termination or resignation paperwork, separation or severance agreements, pay stubs and records showing any payments after your last day, warnings, evaluations, emails and texts, and handbook policies.
Write a timeline. Dates, names, and what was said keep your testimony clear and consistent.
Identify witnesses with firsthand knowledge, and find out whether they will cooperate voluntarily. If you need a subpoena, ask early.
Follow the submission instructions in your hearing notice. Documents usually must be sent to the tribunal and to the other side before the hearing, and late evidence may not be considered.
Plan to be reachable. Hearings are often by telephone. If you miss the call, the hearing officer may decide the case without your testimony.
Expect the employer's side. Think about what the employer will say, what documents it may use, and how you will respond, truthfully and calmly.
What if the employer has a lawyer or a professional representative?
Many employers use a third-party unemployment company or an attorney, and some simply send an HR representative. You have the same right to present your case, but a represented employer may be more familiar with the process. That is one situation where having your own representative can help.
What mistakes do claimants make in employer-filed appeals?
Assuming the approval will stand and not preparing.
Missing the hearing notice or the call.
Stopping benefit requests while the appeal is pending.
Arguing about everything instead of the issue being decided.
Contradicting earlier statements made on the claim, so be consistent and accurate about your own account.
Waiting for a later appeal to fix problems. Review at the next level is generally based on the record from the first hearing.
What happens after the hearing?
A written decision is mailed afterward. If the decision goes against you, the deadline to appeal further is short, usually 14 days from the mailing date, so act right away. If you win, the earlier approval stands, though the employer may have further appeal options.
Do I need a lawyer?
Not required, and many claimants handle these hearings alone. But if your employer appealed, the other side has already decided to contest the case, and there may be repayment consequences. That can make preparation, and sometimes representation, worth considering.
Can you help me?
I represent claimants in TWC unemployment appeals, including cases where the employer is the one who appealed. If you have a hearing scheduled, contact me before the hearing so there is time to prepare.
Leavy Law Firm, PLLC(682) 803-0521 | tiffany@leavyfirm.com
This post is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws, rules, and deadlines change and depend on your situation. Follow your notices and TWC's current instructions.
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