Employers and Claimants who participate in a Texas Workforce Commission Unemployment Appeal Hearing should provide ample evidence to support their arguments during the hearing. This overview will help you identify the evidence you should submit and explain the process for presenting it to TWC.
Start Gathering Evidence Early
It is a good idea for participants in an unemployment proceeding to gather evidence early. Start by identifying types of information that will be relevant to the claim being considered. Evidence can be in the form of witnesses (people who have firsthand knowledge of events in your case) or documents. Witnesses should have firsthand knowledge of events relevant to the claim. Some examples of documentation that would be useful in these types of hearings would be hiring information, termination information, performance records, and paystubs. Depending on your individual scenario, other forms of documentation may also be appropriate, such as email or text communications, medical records, or other internal documents.
Submit Your Evidence to the TWC
If an appeal has been filed, then both the claimant and the employer may present evidence in support of their position. The hearing participants will be able to provide live testimony during the hearing. If there are any witnesses with firsthand knowledge of the events related to the claim, then those witnesses should attend the hearing if at all possible.
Instructions on how to submit documentary evidence can be found be on the first page of the hearing packet. There will be an address and a fax number for the TWC Officer in charge of your appeal, as well as an address for the opposing party. All documents should be sent via US Mail, facsimile, or both, to each party. Any last-minute documents should be sent via email in addition to one of the other methods. The email to submit last-minute evidence to the TWC is: appeals.evidence@twc.state.tx.us. Sending documents as far in advance as possible is important because documents that are not provided within enough time before the hearing begins may not be included in the hearing. It is also vital to remember that any documents submitted must be sent to both the TWC and the opposite side.
Evidence Will be Admitted During the Hearing
During the hearing, witnesses will be placed under oath. They will identify how they are familiar with the claim that is being viewed. The hearing officer will determine what topics are relevant for discussion during the hearing. The hearing officer will also rule on any objections made by either side.
The documents provided by the employer and the claimant will be reviewed to determine whether they are admissible. There are procedural rules regarding what can and cannot be reviewed. Evidence will only be considered in the hearing after it has been admitted as an exhibit. These exhibits will be an important part of arguing your case to the TWC Officer.
If you have any questions about submitting evidence for a hearing, or about TWC Hearings in general, our office is happy to be of assistance.