How often does the TWC Commission overturn Appeal Tribunal decisions?
I was fired from my last job for making too many mistakes, but I argued that it was due to lack of training and the mistakes I made weren't known to me until I was written up for them since my ex-job didn't have any written procedures for me to follow in regards to things I did to cause the mistakes to happen.
I also argued that I was never given a written performance review the whole two years I worked there - which was something I was supposed to have as per the company handbook - which would have documented my training and work performance.
The Appeal hearing officer wouldn't let me bring it up during the hearing and said it had nothing to do with it all.
When I filed the appeal with the Commission, I stated this was a procedural error on her part and stated my reason why.
I know my appeal letter was 7 pages long - pointing out all the points on the decision paperwork and what I had testified to. The HO totally went for everything my ex-boss testified to - even the stuff that he lied about! I pointed all that out also.
I said in my appeal letter how I felt the HO misrepresented my training and experience to make her decision, the procedural error, and how I also testified to the fact that I tried the best to my abilities but couldn't perform to the company's standards for the position.
I also had evidence that I presented during the hearing of an email from a customer - which my boss had claimed that had called and complained about me, when the email I got from her said otherwise!
So I pointed out how my boss was using hearsay testimony - when I had direct testimony and how the HO had also used hearsay to make her decision on things.
She never used any of my testimony in the decision at all it seemed. It was as if I never attended the hearing!