This section describes the process of additional levels of appeal. For instructions on how to appeal, see How to Appeal a Decision – For Employers.
Commission Appeal: If You Disagree with the Appeal Tribunal Decision
If you participated in the Appeal hearing and disagree with the decision, your appeal will be to the Commission.
A reviewing attorney in Commission Appeals will review the tape-recording of your hearing. The attorney will also review all other evidence accepted at your first appeal hearing. The reviewing attorney will make a recommendation to the Commission regarding the decision in the case.
The Commissioners will review the recommendation separately and will decide whether or not to follow it. Then the Commission will vote on the case and issue a written decision. They may order an additional hearing to gather more evidence, but they usually do not.
We will mail you the decision from the Commission.
If you disagree with the Commission decision, you have two options: a Motion for Rehearing, or an appeal to a civil court.
Motion for Rehearing: If You Disagree with a Commission Decision
You may request a rehearing within 14 calendar days after the date we mailed you the 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
Appeal to Civil Court: If You Disagree with a Commission Decision
You may appeal to a civil court between 15 and 28 calendar days after the date TWC mailed you the decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court.
If you ask for a rehearing and the Commission denies it, you can still appeal that decision to a civil court.
Appeal to Civil Court: If a Claimant Disagrees with a Commission Decision
If you win your Commission Appeal and the losing party (in other words, the claimant) appeals to civil court, it is important that you cooperate with TWC and the Attorney General, who will represent TWC in the civil court proceeding. Failure to fully cooperate with the Attorney General in the civil court process could result in the case being reversed and your tax account being charged. Also, since the Attorney General can, by law, only represent TWC, you may need to hire your own attorney.
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 .
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.
On this page:
- Be Prepared
- Check the Status of Your Appeal
- Preparing Case Documentation
- Preparing to Call Witnesses
- Documenting Phone Conversations about Your Appeal
- Participating in Your Appeal Hearing
- Withdrawing Your Appeal
- See Also
- Videos
- Forms
- Resources
- Check Appeals Status – Appeal Tribunal
Be Prepared
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.
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Check the Status of Your Appeal
Within two to three weeks after submitting an appeal, you can go online to view the status of any appeal in which you are involved. For further details, visit After the Appeal Hearing. View a tutorial on how to check your appeals status
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Preparing Case Documentation
Document Evidence You Want to Present at Your Hearing
Case documentation could include:
- Letters and memos
- Timecards
- Doctor’s statements/medical records
- Photos
- Maps/diagrams
- Charts
- Performance records
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.
- For a telephone hearing, mail or fax a copy of all of the documents you want to present to the Hearing Officer and to the other party. Send them as far in advance as possible. Do not include documents already included in the hearing information packet. Documents cannot be used if they are not provided in enough time before the hearing begins.
- The Hearing Officer's address and fax number is on the first page of the hearing information packet. If there is another party in your case, that person’s mailing address is also on the first page.
- For an in-person hearing, you can bring the documents with you or send them in advance.
A Documentation of Evidence Worksheet
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Preparing to Call Witnesses
Calling Witnesses & Notifying the Hearing Officer
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.
An Issue/Witness Worksheet
If You Need to Subpoena Witnesses
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.
Proper Etiquette for Appeal Witnesses
Share the Unemployment Benefits Appeals Witness Etiquette tool with your witnesses.
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Documenting Phone Conversations about Your Appeal
A Telephone Contact Worksheet
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Participating in Your Appeal Hearing
One Hour Before the Hearing
For telephone hearings, you must register a phone number where you can be reached no earlier than one hour but preferably no later than 15 minutes from the hearing start time listed on the notice to ensure all parties are registered.
You can give us your phone number in one of two ways:
- Register online at C2T Online Registration and follow the instructions on that website. You will need your Case Number.
- Call TWC at our toll-free number shown on your Notice of Hearing and speak with the receptionist.
If you do not register for your telephone hearing 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.
Why You Should Participate
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.
Accommodations for Your Hearing
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:
- Call the TWC Tele-Center handling your claim.
- Explain that you are scheduled for an appeal hearing.
- Tell them the specific time and date of your hearing.
- Tell them the specific accommodation you need.
Please 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
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Withdrawing Your Appeal
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.
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