There are three steps you must timely complete within the Texas Workforce Commission process before you file suit. 1) your initial application is filed an either granted or denied; 2) if you or your former employer is dissatisfied with the result in #1 and if that party timely requests a hearing, a telephone hearing will be held by a TWC hearing officer and a new ruling issued; 3) if either party is dissatisfied with the hearing officer's ruling and if that party timely appeals the ruling, the 3 members of the Texas Workforce Commission will review the hearing officer's decision (no new hearing) and will determine whether it was correct or not.
If you timely complete all of the above, and you still don't get the answer you want, you can sue your ex-employer and the TWC (you have to sue both) in the District Court in the county in which you live.
If you (or your former employer) miss any deadline in this process (they are ususally printed on the decision forms) you are finished and stuck with the last result.
Good luck.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.