Can I claim unemployment if I was fired from my job in Texas?

That's a really common myth but it's not how Texas TWC actually works. Being fired doesn't automatically disqualify you - it really depends on the reason. If the firing was for misconduct, that's when you get cut off. But plenty of people who were fired end up getting approved.

Yeah that's what confused me too at first. I had the same assumption before I started digging into how the TWC rules actually work.

Reaching an actual agent sounds like it would help a lot right now. I've called the Tele-Center number twice and sat on hold for over an hour each time with no luck.

Getting through to someone who can actually explain the adjudication reasoning would be huge. I might look into that for my own situation too.

So the attendance problems I had - would those fall under misconduct? The absences were during a family emergency and I did tell my supervisor what was going on.

Attendance can get complicated. It really depends on whether TWC sees it as willful neglect or just a situation beyond your control. The fact that you communicated with your supervisor about it probably matters.

Right, there's a difference between someone who just stopped showing up and someone who had a genuine emergency and tried to communicate. TWC looks at the whole picture.

I've been doing that, filing every two weeks through UBS. I was actually wondering if I should stop until I know the outcome but sounds like that would have been a big mistake.

Yeah stopping payment requests is one of the most common errors people make. The weeks you miss don't just get paid out later - you lose them.

Can you file payment requests on Tele-Serv too or only through the website? I keep forgetting which ways are allowed.

Both work - you can do it through UBS online or call Tele-Serv at 800-558-8321 and hit Option 1. Same result either way.

Not embarrassing at all - it just means TWC is looking into whether you're actually eligible. When there's a question about why you left your job, they can't just automatically approve you, so they open an adjudication to investigate. They'll hear from both you and your employer before making a decision.

Oh okay so it's like a review process, not an automatic denial. That makes more sense. I was confusing it with an appeal I think.

Yeah those are two different things. Adjudication is the initial eligibility investigation. An appeal is what you do AFTER you get a determination and you disagree with it. Very different stages.

That's actually reassuring to hear. My performance issues were attendance related, not like I was refusing to do my job or doing it badly when I showed up.

Yeah that context matters. Someone missing shifts due to an emergency is pretty different from someone willfully neglecting their job. Hopefully TWC sees it that way.

Yes - you have 14 calendar days from the date printed on the determination letter to file an appeal. You can do it right through UBS online, go in person to a Workforce Solutions office, or send it by mail or fax. After that there's a phone hearing with a hearing officer.

14 days goes by fast. So you really have to be watching for that letter and act quickly.

And keep making payment requests the whole time the appeal is processing. A lot of people don't realize that - TWC only pays out weeks you actually requested on time, so stopping while you wait for appeal results means losing those weeks.

Yes, you're required to do your work search activities every week from the moment you file. How many activities per week depends on your county - TWC mails each claimant a letter that tells them their specific number. You also need to be registered on WorkInTexas.com.

So even if you have no idea whether you'll be approved, you have to be actively job searching from day one. That makes sense I guess.

I've been keeping a work search log since I filed, writing down every application and contact. Wasn't sure if that was overkill but sounds like TWC can ask for it at any time so I'll keep doing it.

Definitely keep that log. You're right that TWC can request it whenever they want, and not having records can create a whole new problem on top of whatever else is going on.

It really does seem like a catch-all term. I wonder how often TWC asks employers to be more specific about what the performance issue actually was.

My guess is the employer has to provide more details during adjudication because TWC needs to know if it actually qualifies as misconduct. 'Performance issues' by itself probably isn't enough for them to make a determination.

TWC's general timeline is around four weeks from when you apply to get a decision, though it can vary. They mail your last employer a notice and give them 14 days to respond, and then they work through it from there.

Four weeks total from filing or four weeks from when adjudication starts? Those could be pretty different timelines.

From filing. So if you're already two weeks in, you might be hearing something relatively soon - though it can definitely take longer in complex cases.

TWC hears from both sides - they mail your employer a notice and give them time to respond, and they hear your side too. It's not like the employer just gets to declare misconduct and TWC takes their word for it. The adjudication process is supposed to look at all of it.

That's good to know. I was worried it was totally one-sided toward the employer.

You'll also get a chance to tell your side during the process. Make sure if TWC reaches out to you that you respond quickly and give them the full context of what happened.

Oh that's actually a good point - I've been picking up some odd jobs here and there while waiting on this. I've been reporting them on my payment requests but wasn't 100% sure I was doing it right.

How does the math work on that? Like if you earn a little bit does it completely wipe out your benefit for that week?

Not necessarily. You can earn up to 25% of your weekly benefit amount without any reduction at all. After that the amount over 25% gets subtracted from your payment. It only zeroes out if you earn more than your weekly amount plus that 25% cushion.

Exactly right to flag that. The key is whether someone could do the work and chose not to, versus a situation where they genuinely couldn't meet the standard. TWC looks at that distinction.

Right, and I've seen people get confidently wrong advice on this point and then be blindsided by the determination. Worth knowing the nuance before you assume you're automatically in the clear.

This thread has made me realize my situation is more nuanced than I thought. My attendance issues were during a real emergency and I tried to communicate - hopefully that context comes through in adjudication.

TWC holds back your first payable week - you don't get that money right away. It gets released after two things both happen: you've been paid out twice your weekly benefit amount, AND you either go back to full-time work or use up all your benefits. If you go back to full-time work, you have to actually request that waiting week through UBS or Tele-Serv.

Wait so it's not just automatic? You have to do something to get it back if you return to work?

Correct. If you exhaust your benefits naturally it comes through, but if you go back to full-time work before that, you need to request it yourself. Easy to miss if you don't know about it.

I had no idea you had to actively request the waiting week when you go back to work. That's the kind of thing that gets people leaving money on the table.

Oh I didn't know they could send multiple separate determinations. So getting one that says 'cannot pay' doesn't automatically mean the whole claim is toast?

Actually it kind of does - if even one determination says cannot pay, benefits are stopped regardless of what the others say. But the key thing is you can appeal each determination separately within 14 days of the date on that letter.

Yeah I should have been clearer - both of mine came back as payable, which is why everything ended up fine. But yes, definitely appeal anything that says cannot pay if you think it's wrong.

I've been doing that actually - writing down everything I remember about the timeline, the conversations I had with my supervisor, what exactly happened during the family emergency. Feel a little less anxious knowing that preparation matters.

Does TWC typically call you as part of adjudication or do they just decide based on what you wrote when you applied?

It varies - sometimes they make a determination based on the application and the employer's response, and sometimes they reach out for more information. Best to be prepared either way.

TWC mails you a letter after you apply that tells you exactly how many work search activities you need to do per week. That letter is what counts - follow whatever it says. The number runs from 1 to 5 depending on your county.

So I should be watching for that letter specifically, not just assuming it's some standard number.

Don't toss any TWC mail without reading it carefully. That letter and your determination letters are some of the most important things they send.

My neighbor got audited on hers about six months ago. They asked for her log and she had kept good records so it was fine, but she said a couple people she knew in the same situation had nothing written down and it caused major problems.

That's scary. So it's not just theoretical - they actually do check these.

Keep the log regardless. The requirement is real and TWC can ask for it without warning.

This is exactly what I needed to read today. Congrats on getting approved. Five weeks and employer couldn't document warnings - that's hopeful for my situation too since I never received any formal documentation either.

Just make sure you've kept up with every payment request on schedule. That was the first thing the agent mentioned to me when I finally got through - all the weeks you requested on time are what get paid out.

Used claimyr.com to get through to an agent when I was in adjudication too and that exact point about payment requests being essential came up. Glad you got approved.