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Can I file for TWC benefits due to hostile work environment after sexual harassment?

I've been at my current job for 4 years and it was great until about 6 months ago. A coworker sexually harassed me verbally and even though my boss heard it and the company fired him immediately (escorted him out and everything), I'm still really struggling. I kept working but now I'm constantly stressed when contract guys come in, and I think my boss has been low-key harassing me too since the incident. The work environment feels toxic now. Can I qualify for unemployment if I quit because of this? Has anyone successfully filed for TWC benefits due to a hostile work environment after harassment? I'm at my breaking point but worried about losing income if I just quit.

Yes, you might qualify for Texas unemployment if you can prove constructive discharge - which means conditions were so intolerable that a reasonable person would feel forced to quit. Document EVERYTHING. Keep a journal with dates, times, exactly what was said/done, who witnessed it. Email yourself these notes so they're timestamped. Report the ongoing harassment to HR in writing and keep copies. Texas is an at-will state, but the TWC does recognize hostile work environment as "good cause" to quit in some situations. But you need solid documentation.

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Thank you so much for this info. I've been keeping some notes but not as detailed as you suggested. I'll start emailing myself after each incident. What's the best way to report to HR? My company only has like 20 employees and the HR person is my boss's best friend.

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same thing happend to me last year!!!! i quit and applied for benefits and they DENIED me said i didnt have good cause to quit!!! fight it hard if u decide to leave

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That's awful!! Did you appeal? I've heard the initial determinations are often denied but you can win on appeal if you have good documentation. What kind of evidence did you have?

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no i didnt appeal cause i found another job fast. but my friend said i shouldve cause the appeal hearing is different ppl reviewing ur case

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This is exactly what's considered "good cause connected with the work" to quit under TWC rules. However, you need to take some steps BEFORE quitting: 1. Report the current harassment to management or HR IN WRITING (email or formal complaint). Keep copies of everything. 2. Give your employer a reasonable chance to fix the situation. 3. If they don't resolve it, document that failure. 4. When filing with TWC, you'll need to show you had no reasonable alternative but to quit. A key point: If the company fired the original harasser but now your boss is creating a hostile environment, that's a NEW issue that requires its own documentation and reporting process. The fact they handled the first issue correctly doesn't excuse the current problem.

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This is really helpful, thank you. I'm worried that if I report my boss, things will get even worse. Is there a minimum time I need to give them to fix things before I can quit and still qualify for benefits?

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There's no specific timeframe, but "reasonable" generally means at least a few days to a week for them to investigate and take action. Document any retaliation too - that strengthens your case. If reporting makes things worse, document those new incidents as well. For sexual harassment specifically, TWC tends to be more understanding about shorter timeframes if the situation is severe.

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my cousins husband works at twc and he says they deny almost everyone the first time no matter what. its like they hope people will just give up and not appeal. definitely save all texts emails everything!!!!

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That's really discouraging to hear, but thanks for the heads up. I wonder if there's any way to increase my chances of getting approved the first time.

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I went through something similar in 2024 and managed to get benefits, but it took persistence. The key thing TWC looked for was that I had given my employer a reasonable opportunity to fix the situation before I quit. I filed a written complaint, waited two weeks with no resolution, then resigned specifically citing the hostile work environment. One thing that really helped me was getting through to an actual TWC agent when filing my claim so I could explain my situation fully. I kept hitting busy signals for days until someone told me about Claimyr (claimyr.com). They have a system that holds your place in line and calls you when an agent is available. They have a demo video at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh that explains how it works. Worth it to get personalized guidance on how to properly document your case.

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Thank you so much for sharing your experience. Two weeks seems like a reasonable time to wait after filing a complaint. I'll check out that service if I decide to go this route - getting actual guidance from TWC would be really helpful. Did you have an attorney for your case or did you handle it yourself?

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I handled it myself, though I did consult with a free legal aid clinic first. The TWC agent I spoke with was actually really helpful and told me exactly what documentation they needed to see. Having that conversation before I submitted my claim made a big difference. If you do decide to quit, make sure your resignation letter clearly states that you're leaving due to the hostile work environment following sexual harassment that wasn't adequately addressed.

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IMPORTANT: Have you talked to an employment lawyer yet? Many will do free consultations. You might have a case for hostile work environment that's worth more than unemployment benefits. Sexual harassment + company not protecting you from continued harassment could be a legal claim.

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I hadn't thought about that angle. No, I haven't spoken to a lawyer. I was just focused on how to pay my bills if I leave this job. Do you know how I would find an employment lawyer who does free consultations?

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Try the Texas Bar Association's referral service or Google "employment lawyer free consultation [your city]". Also the Texas Workforce Commission Civil Rights Division handles workplace discrimination claims - filing with them is free: https://www.twc.texas.gov/jobseekers/how-submit-employment-discrimination-complaint

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One more critical point about TWC claims for hostile work environment: when you file, you MUST specify that you quit due to "good cause connected with work" and then clearly explain the harassment. Don't just say you quit because of stress or personal reasons. Be very specific that you reported sexual harassment, the company's response was inadequate, and the environment became hostile. The exact wording matters tremendously for how your claim is processed.

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Thank you - this is really helpful. Is there a character limit when explaining my reason for separation on the TWC application? Should I prepare my explanation in advance?

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Yes, there is a character limit on the online form. Definitely prepare your explanation in advance, keeping it factual and chronological. Focus on the most serious incidents and be specific about dates you reported issues and to whom. If the space isn't enough, indicate you have additional documentation available upon request. The TWC investigator will likely call you for more details during the determination process.

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