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i need to file a civil case against the texas workforce commissions appeal committee. i have appealed to the appeal tribunal and shot down because i was 5 days late on my appeal they were 15 days late on getting me a hearing then nothing occurred except they denied me for being late, then they took 21 days to mail me the decision so i appealed to the commissions appeals and they simply agreed with the appeals tribunal. so nobody has even looked at whether or not i should be getting unemployment they just keep focusing on the fact i was 5 days late filing my appeal. meantime my family is had $1300 income in 6 months and food stamps on for 3. this is absurd and i feel like they are wrong can anybody help
Last edited by BstYet2Be; 01-04-2012 at 09:12 AM..
Reason: moved from Dallas Forum - new thread
When you're late filing your appeal, you have to provide "good cause" for being late, and that is no small hurdle. They will not even consider the reasons you might be eligible for unemployment until after they determine that they have jurisdicition to hear your case. Being timely is a jurisdictional issue. However, you have to prove that you were on time, or that something that they did made you late, or if you were in the hospital and have a bill to prove it.
This is one of those things that states do to deny claimants. They push you into the appeals process and hope that you screw up a filing. Whether you were eligible or not then becomes immaterial.
Chyvan is absolutely correct. You must meticulously adhere to the deadlines given you. If you received sufficient notice of the filing date IN ADVANCE of when the appeal was due, you have no standing if you failed to timely file.
The TWC and every other DOL is in the business of denying claims. They are NOT there to help you as a general rule. If you can't be your own best advocate, no one will be.
Perhaps there is a 'grace period' buried in the statutes somewhere for a missed filing deadline in TX, but you will need to do your own research and/or see an attorney to determine that.
Last edited by Ariadne22; 01-04-2012 at 12:04 PM..
The question was how to file a civil suite against the Texas Workforce? If anyone know this answer please help I have the same problem. The TWC is turning down claims for no reason. Then they tell you your only recourse is to file a law suite.
The question was how to file a civil suite against the Texas Workforce? If anyone know this answer please help I have the same problem. The TWC is turning down claims for no reason. Then they tell you your only recourse is to file a law suite.
Answer:
Quote:
Originally Posted by skelaki
if necessary talk with an attorney specializing in employment law.
By law, they are required to give you a reason. It's in the written decision that is mailed to you.
Your only recourse is to appeal, and appeal again until you run out of appeals. At some point, you are allowed to seek redress in the judicial court system. However, the appeal is still governed by the evidence collected in the first tribunal and the interpretation of the initial hearing officer is given great weight.
There is no reason to sue the TWC. You must avail yourself of your appeal options before you can sue the TWC.
I was in appeals with my unemployment claim for 11 months. I stuck with the process. However, once I collect my last check, then and only then will I start filing written complaints against every deputy and adminstrative law judge who ground me through the system.
Because my employer sent me an Reasonable Assurance-School letter I lost my appeals in to the Appeal Tribunal and , the Commission appeal affirmed the previous ruling by a majority vote --Three thing i have to say
1-My employer did not appear in the hearing
2-in the written decision that was mailed to me the hearing officer did use a different case to rule my case he really did not know what my job is.
3-I had the hearing with the Appeal Tribunal and the same employer on 2012 and 2011 and I won but not this year .
what should i do? do i need to file a civil suit against TWC ?
please help me!
You can take this into the court system, but you need to figure out why this year was different than the decisions in 2012 and 2011. If you don't know why, then you'll make a pointless argument and the decision will be affirmed again.
Did you not get letters in 2012 and 2011?
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