Introduction to Unemployment Benefits Appeals for Employers

An appeal is your written notice that you disagree with a TWC decision and want your case decided through the appeal process.

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.

TWC evaluates each application for unemployment benefits to determine whether the applicant meets all requirements to receive benefits. If you become an interested party to the claim by responding to the Notice of Application for Unemployment Benefits, we will mail you a copy of the determination notice explaining whether the claim will be paid.

If you are not a party of interest (you are designated as NPI above the employer’s name on the Notice of Hearing), you do not have appeal rights to any decision. If you fail to participate in a scheduled hearing, you cannot request another hearing.

State law gives TWC sole authority in disputed unemployment benefits claims; no other state agency or official can affect the outcome of an appeal. To participate in an appeal you must meet submission deadlines. For information on deadlines, see How to Appeal a Decision – For Employers.

The appeal process is structured so that you do not need an attorney. You may choose to have an attorney or other person represent you at your own expense.

Appeal to the Appeal Tribunal

The first step in the appeals process is an appeal to the Appeal Tribunal. The Appeal Tribunal is the name the Texas Unemployment Compensation Act (TUCA) gives to Hearing Officers who hold unemployment benefit hearings. Each appeal case has only one Hearing Officer.

The first appeal is a telephone hearing. The claimant and employer may present testimony, witnesses, and documents relevant to its case. During the Appeal Tribunal hearing, the Hearing Officer will determine what is relevant and makes sure that the record is complete. After the hearing, the Hearing Officer will mail a decision to the interested parties.

How to Appeal a Decision – For Employers provides detailed instructions on how to submit your written appeal.

Appeal to the Commission

If you disagree with the results of the Appeal Tribunal, you may appeal to the Commission. The Commission will rule on your case after reviewing the Appeal Tribunal decision and listening to the recorded hearing. Email questions to commission.appeals@twc.texas.gov.

How to Appeal a Decision – For Employers provides detailed instructions on how to submit your written appeal.

Motion for Rehearing or Appeal to a Civil Court

If you disagree with the Commission decision, you may request a Motion for Rehearing by the Commission. TWC will grant the Motion for Rehearing only if you can present all of the following:

• Important new information about your case
• The reason(s) why you did not present this information earlier
• The reason(s) why you think this information could change the decision

You may appeal to a civil court between 15 and 28 days after the date TWC mailed you the Commission Appeal decision. You must complete all of the appeal steps available through TWC (except the optional Motion for Rehearing) before appealing to a civil court.

How to Appeal a Decision – For Employers provides detailed instructions on how to submit your written appeal.