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One more important thing: review the TWC rules about what constitutes "misconduct" under Texas unemployment law. It's defined as "mismanagement of a position of employment by action or inaction, neglect that jeopardizes the employer's property, putting co-workers' safety at risk, or intentional wrongdoing or malfeasance." A legitimate reduction in force or position elimination is NOT misconduct. If your termination letter clearly states your position was eliminated, that's strong evidence in your favor. Also, during the hearing, if your employer brings up alleged misconduct that they never previously documented or discussed with you, point that out to the hearing officer. TWC typically expects employers to have given employees warnings and opportunities to correct behavior before termination if it was truly for misconduct.
This is incredibly helpful information. My termination letter definitely says "position elimination due to departmental restructuring" and makes no mention of performance issues. I never received any disciplinary actions or warnings during my employment. I'll make sure to emphasize these points during the hearing.
4h
make sure u send any documents you plan to use to BOTH the hearing officer AND your former employer before the hearing. there are rules about when these need to be submitted. if u try to introduce new evidence during the hearing that you didn't share beforehand they might not accept it!!
This is correct. The hearing packet will include instructions for submitting evidence. Generally, you need to send copies of all documents to the hearing officer and your former employer at least 24 hours before the hearing. Keep proof that you sent these documents (email receipt, fax confirmation, etc).
4h
To answer your follow-up question: The program through Workforce Solutions is called the WIOA Dislocated Worker Program (Workforce Innovation and Opportunity Act). You can apply online through the WorkInTexas.com site or visit a local office. Bring your TWC exhaustion notice, ID, and work history information. And yes, continue doing work search activities and documenting them even during this gap period. If you're approved for EB retroactively, you'll need to verify you were searching for work during that time. Even if you don't get EB, these job search records will be helpful for other assistance programs.
i used WIOA too!! forgot what it was called but they legit helped me get certified in medical coding when i couldn't find admin work
4h
Thanks everyone for all the helpful advice! Here's my plan based on what you've shared: 1. Keep doing and documenting my work search activities (still doing 4+ per week) 2. Check my TWC correspondence inbox daily and look at the myTWC app 3. Visit Workforce Solutions this week to ask about the WIOA Dislocated Worker program 4. Give it two weeks before trying to call TWC (and use Claimyr if I can't get through) It's such a relief to know there are still options available. I was seriously panicking thinking I'd have zero income with rent due in two weeks. Will update once I hear something about EB!
when i was on unemployment my waiting wk payment came 4 days after i submited it but this was back in january so maybe its diffrent now my cousin just got his and it took almost a week he said
dont 4get to keep doing ur work searches even while waiting for the waiting week payment! i messed up and missed reporting my work searches one week and they stopped all my payments for like 10 days until i called and fixed it
That's a good reminder! I've been keeping detailed records of my work search activities. I'm doing 4 per week even though they only require 3, just to be safe.
4h
I had this problem last year and it turned out they were doing a quarterly review of my claim. Have you completed 3 months of unemployment? Sometimes that triggers an automatic review before they continue payments. Just a thought, might not be your situation but worth considering.
That's interesting - I am actually just about to hit the 3-month mark. Maybe that's what's happening? Do they notify you if they're doing a review?
4h
Yes, quarterly reviews can cause temporary delays. TWC is supposed to send a notification, but sometimes these get delayed in the system as well. If this is the case, your payment request status should update once the review is complete. The reviews are generally automatic unless they find discrepancies with your reported income or work search activities.
4h
Just wanted to update - my payment just processed! Check your accounts, Tuesday people!
mine too! finally!!!
4h
Still waiting on mine... ๐ This is ridiculous.
4h
Make sure you do your work search activities too!!! They will deny you if you aren't doing the required number each week (it's 3 for most counties in Texas). Document EVERYTHING. The system is designed to trip people up!
I just wanted to update everyone - I filed my new claim yesterday and made sure to clearly explain the layoff situation. The online system says my claim is under review, so now I'm just waiting. I also reached out to my former manager who agreed to provide a letter confirming the department-wide layoff. Thanks everyone for the advice - I'll update when I hear something!
That's great! Having documentation of the layoff should help a lot. The review process usually takes about 21 days, but it can be faster. Good luck!
4h
One time I never got my 1099G in the mail and when I called TWC they said it was returned as undeliverable even though I hadn't moved!! I had to request a new one and it delayed my tax filing by weeks. Definitely check your online account first!
This EXACT thing happened to me too! Even though my address was correct, somehow the post office returned it. So annoying. The online version is definitely more reliable.
4h
I just remembered something I learned from my tax preparer last year - if you happen to receive unemployment in two different states (like if you moved mid-year), you'll get separate 1099-Gs from each state's unemployment office. Just mentioning in case anyone had benefits from another state before Texas.
Good to know! I was only on Texas unemployment, but that's helpful info for others reading this thread. I'm learning so much about this process - thanks again to everyone for all the tips!
4h
That's really good to know - I probably would have made that exact mistake. I'll keep doing my payment requests no matter what.
One additional piece of advice - when you speak with TWC, specifically reference Texas Administrative Code ยง815.28(a)(2)(E) which states that good cause for refusing suitable work includes
To answer your follow-up questions: 1. Yes, you need to do 3 work search activities EVERY week starting immediately, even before your first payment request. 2. You don't need to upload proof with each request, but you need to keep records in case you're audited. TWC randomly checks people's work search activities. 3. WorkInTexas.com is separate from your TWC account. It's Texas's job matching system - you need to register there as part of your unemployment requirements. 4. And yes, job fairs definitely count as work search activities! Just make sure to get some kind of proof you attended (take a photo, get a flyer, etc).
This is super helpful, thank you! I just found my payment request schedule and my first request date is next Tuesday. I'll make sure I have at least 6 work search activities completed by then (3 per week). I'm setting up my WorkInTexas account right now.
4h
Glad you're getting on track! One more thing - when you do your first payment request, have your bank account information ready for direct deposit setup if you haven't done that already. It's much faster than waiting for a debit card or paper check.
Thanks! I think I already set up direct deposit when I first applied, but I'll double-check to make sure. Everyone has been so helpful here!
4h
I'm a little confused by some of the advice here. When TWC says you need to "work 6 weeks" to requalify, they actually mean you need to earn wages equaling at least 6 times your weekly benefit amount (WBA) AND work at least 30 hours in 6 weeks. So it's not just about working for 6 weeks - it's about earning enough money during that time. For example, if your weekly benefit amount would have been $400, you'd need to earn at least $2,400 at a new job before you can requalify. But definitely appeal if you believe you were wrongfully terminated! If you win the appeal, you won't need to satisfy the requalification requirement at all.
yeah and make sure u save ALL ur paystubs if u do start working somewhere new. TWC loves to claim they never got proof of ur earnings even when u send it to them
4h
UPDATE: I just got off the phone with a TWC representative (finally!). They explained that my employer claimed I was consistently not meeting productivity standards after multiple warnings. I was able to file my appeal online and explain that the standards kept changing and were impossible to meet. I have an appeal hearing scheduled for December 10th by phone. The rep said to gather any evidence I have - like emails showing the changing standards or witnesses who can testify that the goals were unreasonable. Fingers crossed this works out. Thanks everyone for your help!
Good luck with your appeal! Make sure you're ready with specific dates and examples of how the standards changed. If you have any coworkers who can corroborate your story, ask if they'd be willing to participate in the hearing as witnesses. Also, be prepared to discuss any written warnings you received and how you tried to meet the standards. The hearing officer will want to know if you made a good faith effort to comply with your employer's expectations.
4h
Carmen Diaz
congrats!! now u just have to deal with the annoying work search requirements lol. make sure u do at least 3 per week or they'll cut u off
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Yuki Tanaka
So happy for you! The waiting game is the worst part!
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