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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.
Case documentation could include:
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.
A Documentation of Evidence Worksheet or 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.
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.
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.
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.
Share the Unemployment Benefits Appeals Witness Etiquette tool with your witnesses.
For telephone hearings, within 30 minutes of the scheduled hearing time, you must provide a phone number where we can reach you for the hearing. You can give us your phone number in one of two ways:
If you do not call in 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.
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.
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:
Please inform us as early as possible if you need accommodations for the appeal hearing in any of the following areas:
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.
Last Verified: March 21, 2013
Auxiliary aids and services are available upon request to individuals with disabilities.
Deaf, hard-of-hearing or speech-impaired customers may contact Relay Texas: 800-735-2989 (TDD) and 711 (Voice). Equal opportunity is the law.
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