Texas Pay Day Law Appeals–Texas Employment Attorneys

The first step in the appeals process is an appeal to the Appeal Tribunal. The Appeal Tribunal is the name the Texas Payday Law gives to hearing officers who hold wage claim hearings. Each appeal case has only one hearing officer.

The first appeal is a telephone hearing, except that when a sign-language interpreter is required the hearing may be in-person instead.

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 make sure that the record is complete. After the hearing, the hearing officer will mail a decision to the interested parties.

How to Appeal a Determination

These instructions are for the first step in the appeals process, which is an appeal to the Appeal Tribunal. The first step is to appeal in writing to TWC.

You must appeal in writing within 21 calendar days from the date that we mail you the Preliminary Wage Determination Order, which is shown at the top of that form. If the twenty-first day falls on a federal or state holiday, you have until the next business day to submit your appeal.

You can submit your written appeal online, in person at your Workforce Solutions office, or by mailing or faxing your appeal letter to the Special Hearings Department at the address or fax number on your Preliminary Wage Determination Order. You cannot submit an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Your letter or appeal form must include:

• Your name
• Wage claim number
• Your Social Security Number or TWC Tax ID number
• Your current address
• The date TWC mailed you the Preliminary Wage Determination Order
• A copy of the Preliminary Wage Determination Order, if possible
• Any dates on which you will not be able to participate in a hearing

Keep a copy of your appeal for your records.

Accommodations for Your Hearing

Inform us in writing as early as possible if you need accommodations for the appeal hearing:

• If you or your witnesses need interpreters – include needed languages
• If you or your witnesses have a hearing impairment
• If you need access to a telephone or fax machine

Appeal Hearing Notification Details

It may take six to eight weeks to receive a hearing information packet with information about your appeal. TWC will mail you the packet ten to twenty days before your hearing.

The hearing information packet includes:

• The Notice of Telephone Hearing, which includes the date and time of hearing, the telephone number to call for the hearing, and the name and contact information of the hearing officer assigned to the hearing
• Instructions on how to participate in the hearing
• Instructions on how to submit documents for the telephone hearing to the hearing officer and to the other side
• The claim issues up for discussion

Allow enough time for your hearing. How long the hearing takes depends on many things, including the number of witnesses, documents, and issues in the case. Usually, hearings take from one hour to four hours to complete.

It is important to prepare all of the documentation, witnesses and evidence that you need to support your side of the issues. It is your responsibility to make sure that both the hearing officer and the other side receive copies of all the documents you wish to refer to before the hearing date. This will increase your credibility and allow the hearing officer to make a just determination of the facts.

Document Evidence You Want to Present at Your Hearing

Case documentation could include:

• Letters and memos
• Timecards
• Pay stubs or payroll records
• Employee handbooks
• Written authorizations for deductions from wages
• Employment agreements
• Commission agreements and invoices

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.

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 employee 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. 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.

Calling Witnesses & Notifying the Hearing Officer

If you wish to call witnesses, they should have personal (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.

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.

Before the Hearing

For telephone hearings, you must provide a phone number where we can reach you for the hearing. Provide your contact information on the day of your hearing, at least 10 minutes before your hearing is scheduled to begin. You can give us your phone number in one of two ways:

• Register online at C2T Online Registration, https://tx.c2tinc.com/register, and follow the instructions on that web site. 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 call in 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 the toll-free number listed on the Notice of Hearing.

Why You Should Participate

It is very important that you provide your phone number for your hearing before the scheduled hearing time and that you take part in your appeal hearing. The hearing officer makes their decision based entirely on the evidence given at the appeal hearing.

If you find you cannot participate in the hearing for any reason, mail or fax a written postponement request as soon as you can. TWC rules allow hearing officers to delay or reschedule hearings only in specific, limited cases.

If you did not participate in the Appeal hearing and disagree with the decision, you can submit a request to reopen your case at the Appeal Tribunal level within 14 calendar days after the mailing date of the decision. However, you must show that you had a good reason for missing the prior hearing.

You must appeal in writing within 14 calendar days from the date TWC mailed you the Appeal Tribunal decision. The mailing date is printed on the coversheet of your appeal decision.

You can submit your written appeal online, in person at your Workforce Solutions office, or by mailing or faxing your appeal letter to Commission Appeals at the address or fax number in the instructions included with your Appeal Tribunal decision. You cannot file an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Commission Appeal Process

A reviewing attorney in Commission Appeals will review the audio-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.

You may appeal to a civil court within 30 calendar days after the date TWC mailed you the Commission decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court. The instructions for submitting an appeal to a civil court are included with the Commission decision.