How to Appeal a Decision – For Employers

Get Adobe Reader to view PDF files

Establishing Appeal Rights

You have the right to appeal a decision only if you have established yourself as an interested party.

If you were the last person or company for whom a claimant worked before applying for unemployment benefits, TWC will mail you a Notice of Application for Unemployment Benefits. You must respond to that notice within 14 days to become an interested party in the claim and preserve your right to appeal a determination. For more information, see the Introduction to Unemployment Benefits Appeals for Employers. To respond online, use Unemployment Benefits Employer Response to Notice of Application.

Instructions on this page apply only for an employer who is an interested party on the claim.

Return to Top

Appeal to the Appeal Tribunal

How to Appeal a Determination

These instructions are for the first step in the appeals process, which is an appeal to the Appeal Tribunal. The first step is to appeal in writing to TWC.

You must appeal in writing within 14 calendar days from the date that we mail you the Determination Notice. The date mailed is located on the top of the Determination Notice form, and the last day you can file an appeal is at the bottom of the form. If the fourteenth day falls on a federal or state holiday, you have until the next business day to file your appeal.

You can submit your written appeal online, in person at your Workforce Solutions office, or by mailing or faxing your appeal letter to the Appeals Department at the address or fax number on your Determination Notice. You cannot submit an appeal by email or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Include in your letter or appeal form:

  • The claimant's name and Social Security number
  • Your name
  • Your TWC Tax account number
  • Your current address
  • The date TWC mailed you the Determination Notice
  • A copy of the Determination Notice, if possible
  • Any dates on which you will not be able to participate in a hearing

Keep a copy of your appeal for your records.

Accommodations for Your Hearing

Inform us as early as possible if you need accommodations for the appeal hearing in any of the following areas:

  • If you or your witnesses need interpreters – include needed languages
  • If you or your witnesses have a hearing impairment
  • If you need access to a telephone or fax machine

Appeal Hearing Notification Details

It may take six to eight weeks to receive a hearing information packet with information about your appeal. TWC will mail you the packet five to 10 days before your hearing.

The hearing information packet includes:

  • The Notice of Telephone Hearing, which includes the date and time of hearing, the telephone number to call for the hearing, and the name and contact information of the Hearing Officer assigned to the hearing
  • Instructions on how to participate in the hearing
  • Instructions on how to submit any additional documents
  • The information TWC received in response to the claim
  • All fact-finding statements TWC gathered while investigating the issue(s) on appeal
  • Any protests to the claim
  • The claim issues up for discussion

Return to Top

Appeal to the Commission

If you disagree with the Appeal Tribunal decision, you can appeal it in writing to the Commission.

You must appeal in writing within 14 calendar days from the date TWC mailed you the Appeal Tribunal decision. The appeal deadline is printed on the coversheet of your appeal decision.

You can submit your written appeal online, in person at your Workforce Solutions office, or by mailing or faxing your appeal letter to Commission Appeals at the address or fax number in the instructions included with your Appeal Tribunal decision. You cannot file an appeal by email or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Return to Top

Motion for Rehearing

You may request a rehearing within 14 days of the date TWC mailed you the Commission decision. TWC will grant the Motion for Rehearing only if you can show these three things:

  • Important new information about your case
  • A compelling reason why you did not present this information earlier
  • Why you think this information could change the outcome of your case

You can submit your written Motion for Rehearing online, in person at your Workforce Solutions office, or by mailing or faxing your letter to Commission Appeals at the address or fax number in the instructions included with your Commission decision. You cannot file a Motion for Rehearing by email or telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your Motion for Rehearing.

Return to Top

Appeal to a Civil Court

You may appeal to a civil court between 15 and 28 days after the date TWC mailed you the Commission decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court. The instructions for submitting an appeal to a civil court are included with the Commission decision.

If you ask for a rehearing and the Commissioners deny it, you can still appeal that decision to a civil court.

Return to Top

Keep Your Address Current with TWC

It is important that you keep your mailing address up to date because we will mail the hearing information packet and appeal decision to the address in our records.

You may create or update your designated address to ensure that all our notices go where you want them sent.

Return to Top

Resources

Submit Appeal – Appeal Tribunal

Check Appeal Status – Appeal Tribunal

Submit Appeal – Commission Appeals

Check Appeal Status – Commission Appeals

Last Verified: June 10, 2014

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 (TTY) and 711 (Voice). Equal opportunity is the law.

Texas Workforce Commission Values: Community, Responsibility, Innovation, Accountability, Commitment to Excellence and Partnership.

©2011 Texas Workforce Commission Sitemap Policies Report fraud: 800-252-3642