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TWC denied my claim for 'misconduct' but it doesn't match labor code 201.012 definition at all

So frustrated right now. TWC just denied my unemployment claim citing 'misconduct' as the reason. After digging into this, I found that Labor Code 201.012 actually defines misconduct as: "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to ensure the orderly work and safety of employees." NONE of these apply to my situation! I was let go because the company restructured my department and claimed "poor performance" even though I never had a single write-up in 3 years. Has anyone successfully appealed a misconduct denial when it clearly doesn't match the legal definition? This feels like my employer just checked a box to avoid paying unemployment.

Absolutely request your personnel file! Texas Labor Code §103.002 gives you the right to access your personnel file. Send a formal written request (email with read receipt is fine) stating you need it for your TWC appeal. They must comply within a reasonable time. This will either: 1) Show you had no misconduct documentation, which helps your case, or 2) Reveal what they're claiming against you so you can prepare a response. Win-win!

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Will do that first thing tomorrow morning. Thank you all so much for the guidance! I feel much more confident about appealing now that I understand the process better and know the legal definition is on my side.

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You've gotten excellent advice here! I went through a similar situation about 6 months ago and won my appeal. One additional tip: when you submit your appeal documents, include a simple timeline showing the progression from "restructuring/layoffs" to suddenly claiming "misconduct" for unemployment purposes. This contradiction often becomes obvious to hearing officers when laid out chronologically. Also, if your company has done other layoffs recently, try to find out if they claimed misconduct for those folks too - it shows a pattern of abuse. The fact that you were laid off with multiple colleagues in a group meeting is actually strong evidence that this was economic, not misconduct-related. Keep us posted on how it goes!

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Can I get TWC benefits after termination with severance pay? When to file?

So I just got termed from my job of 3 years for "not meeting performance standards" even though I never got any formal warnings. They offered me 5 weeks severance (about $6,200 total). I'm wondering if I can still qualify for unemployment since they called it a performance issue? Also, do I need to wait until after my severance runs out to apply for TWC benefits, or should I file right away and let them know about the severance? I'm worried about burning through my savings while waiting. Anyone dealt with this before in Texas?

Thank you everyone for all the helpful advice! I'm going to file my claim today and make sure I document everything carefully. I'll update this thread once I find out if they approve my claim or if I run into any issues. Fingers crossed!

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Good luck with your claim! Just wanted to add that if you do get initially denied, don't panic - the appeals process exists for a reason. I've seen several cases where people won on appeal even after an initial denial for performance issues. Keep copies of everything - your termination letter, any performance reviews you received, emails, etc. The more documentation you have showing they didn't follow proper progressive discipline, the stronger your case will be. Also, when you do your phone interview (if they schedule one), be factual and stick to the facts - don't get emotional or overly defensive. You've got this!

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TWC approved my claim but no payment showing - severance pay confusion?

Hey everyone, I'm really confused about my TWC unemployment status. I was laid off last month and applied for benefits right away. The TWC rep I finally got through to (after calling for 3 days straight!) told me my claim was APPROVED, but I haven't received a single payment yet. It's been almost 3 weeks since approval. I did receive a severance package as one lump sum payment when I left my job. I reported this on my application. Could this be holding things up? Here's the weird part - when I call the automated line (800-558-8321), it says they have my payment request on file. But when I call the main TWC number, the rep said there's no record of a payment request from me. Huh?? Also, is there somewhere online I can actually SEE my payment history/status? I've looked all over my TWC account but can't find anything showing payments. I'm getting desperate here - rent is due next week!

Thanks everyone for the helpful information! I found my determination letter and now understand why I'm not receiving payments yet. I'll keep submitting my payment requests every two weeks and doing my work searches until the disqualification period ends. At least now I know what's going on instead of being in the dark! One last question - will TWC send me any kind of notification when my payments are about to start, or do I just need to watch my bank account?

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They won't send a special notification that your disqualification period is ending. You'll just start seeing payments after you submit your payment request following the end date on your determination letter. If you've set up direct deposit, you'll typically see the funds 2-3 business days after your payment request is processed.

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Just went through this exact same situation a few months ago! The severance confusion is SO common - TWC really needs to explain this better upfront. I was also panicking thinking something was wrong with my claim. A few tips from my experience: - Set a calendar reminder for when your disqualification period ends so you know when to expect your first payment - Keep all your work search documentation organized (I use a simple spreadsheet with company names, dates, and contact info) - If you haven't already, sign up for direct deposit in your TWC account - it's much faster than waiting for a debit card The waiting is really stressful, especially when bills are due, but once your payments start they'll come regularly as long as you keep up with your biweekly requests. You've got this!

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TWC claim denied - employer lying about firing vs. resignation after whistleblowing

I've got a serious problem with my TWC claim. I was basically forced to resign after I reported some shady practices going on at my workplace (I worked there for 2+ years). When I submitted my unemployment claim, I explained that I resigned due to a hostile work environment following whistleblowing activities. Today, a TWC investigator called me and said my former employer is claiming they fired ME for 'company violations'! That's completely false. I've already filed a complaint with the EEOC about the retaliation I experienced. Has anyone dealt with an employer lying to TWC like this? My determination letter will probably be negative based on their false claim. What should I do to fight this? I have text messages and emails documenting what really happened.

Can you get unemployment while an EEOC investigation is happening? Just curious how these things work together.

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Yes, you can receive unemployment benefits while an EEOC investigation is in progress. They're completely separate processes. The TWC determines if you qualify for unemployment benefits, while the EEOC investigates workplace discrimination or retaliation claims. An EEOC investigation typically takes much longer (often 6+ months), while TWC determinations usually happen within weeks. The outcomes don't affect each other directly, though documentation from one process might be useful in the other.

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I went through something very similar about 6 months ago. My employer also lied to TWC about the circumstances of my separation after I reported safety violations. Here's what worked for me: I created a detailed timeline document with dates, times, and specific incidents showing the progression from my initial report to the escalating retaliation that made my job unbearable. I also included screenshots of any company policies about retaliation and whistleblower protection they had violated. The key was showing TWC that my resignation wasn't voluntary in the traditional sense - it was the only reasonable option left after my employer made continuing to work there impossible. Document everything you can remember now while it's fresh, even small incidents of changed treatment after your whistleblowing. You've got this!

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TWC 'reviewing eligibility' message appearing on payment request page - should I be worried?

I've been requesting benefits for about a month now (5th request coming up), and I just noticed something weird on the payment request page. There's a note at the top saying TWC is 'reviewing my claim to see if I'm eligible' and that I should keep requesting benefits in case I become eligible. This message wasn't there for my first few requests. The strange thing is there's no message on my home page and nothing in my inbox about any issues with my claim. Is this just part of their system updates? Has anyone else seen this message recently? Starting to get worried since rent is due next week and I was counting on this payment.

Just a heads up - I've been on unemployment three times over the years, and TWC often does these periodic reviews around the 4-6 week mark of your claim. They have automated systems that flag certain patterns for manual review, but in most cases, it's just making sure you're still qualified. The fact that you don't have any messages in your inbox is actually a good sign. When there's a real issue, they typically send a correspondence to your inbox about what needs to be addressed. Keep documenting your work search activities carefully - that's the most common reason for issues at this stage of a claim.

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Update: I just completed my 5th payment request and the message was still there, but I checked my claim status afterward and it shows "payment processed" with an expected deposit date! Looks like it was just a standard review after all. Thanks everyone for the help and reassurance!

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SEE! I told you it was nothing to worry about! The TWC system is full of these weird glitches and confusing messages. Glad it worked out!

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That's great news about your payment going through! This is exactly why I always tell people not to panic when they see these automated messages. TWC's system generates a lot of false alarms, but as long as you're following the rules and reporting accurately, things usually work out fine. For anyone else reading this thread who might encounter the same message - just keep doing what you're supposed to do and don't let the system's confusing interface stress you out too much!

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