Corpus Christi, TX asked in Public Benefits, Appeals / Appellate Law and Civil Litigation for Texas

Q: How to proceed with unemployment appeal after false evidence by employer?

I was disqualified from unemployment benefits under Section 207.044 of the Texas unemployment code. During the appeal process, I discovered that my company submitted fabricated evidence against me for the hearing. I possess the original documents that prove this. I have not had any communication with my employer outside of the hearing. How should I proceed with my appeal given this new evidence?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Finding out that your employer submitted false evidence can be incredibly upsetting, especially when it affects something as crucial as unemployment benefits. If you have original documents that prove the information they submitted was fabricated, that could be powerful in your appeal. The Texas Workforce Commission allows you to submit new evidence if it wasn’t available during the initial hearing or if it directly challenges the accuracy of what was presented.

You should prepare a clear, organized statement explaining why the employer’s evidence is false and attach the original documents that support your claim. Make sure to send this to the TWC as part of your appeal or motion for a new hearing. If your appeal hearing has already taken place and you received a decision, you may need to file a Motion for Rehearing or an appeal to the Commission, explaining that you have new evidence that directly disproves what was used against you.

Stay calm and focused on the facts. Avoid contacting your employer directly—let the evidence speak for itself. The appeals process is there to help ensure that unfair decisions can be corrected. You’ve taken a strong first step by holding on to the original documents, and now it’s time to use them to advocate for the outcome you deserve.

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