Back to Texas Unemployment

Mateo Sanchez

Can I file for unemployment if I got fired from my job in Texas?

So I got let go from my warehouse job last Friday and I'm honestly not sure if I even qualify for benefits. My supervisor told me I was being terminated for 'performance issues' but I never received any written warnings and my last two reviews were fine. I've been there almost four years. I always thought getting fired automatically meant you couldn't get unemployment but someone at my sister's work said that's not always true in Texas? I genuinely don't know where to start and I'm worried about waiting too long to file. Does anyone know if I can even apply after being fired for performance reasons, and if so what do I need to do first?

Used claimyr.com to get through to a live Texas TWC agent last month when I got fired from my retail job and needed answers fast. I had the same question you're asking and honestly just needed someone at TWC to tell me whether my situation qualified. The service holds the phone line for you and connects you when a real agent picks up - I asked about my termination and the agent walked me through exactly what gets reviewed. Turns out being fired doesn't automatically disqualify you, which I didn't know. Here's a demo video if you want to see how it works before trying it: https://youtu.be/V-IMvH88P1U and the site is claimyr.com

0 coins

My cousin had the same exact panic when she got fired and couldn't get anyone on the phone. I'm going to send her that link, she's been trying to reach TWC for days.

0 coins

Appreciate you posting this, I need to ask TWC about a different issue but calling has been a nightmare. Gonna try that site today.

0 coins

Filing after being fired is absolutely something you can do in Texas - getting fired doesn't mean automatic disqualification. What Texas TWC looks at is whether the reason you were let go counts as misconduct on your part. Things like breaking company rules on purpose, neglecting your duties when you're capable of doing them right, or doing something illegal at work - those are the kinds of things that could disqualify you. But if the company just decided your work wasn't up to their standards and there's no real misconduct involved, that's a whole different situation. Apply right away through UBS at https://apps.twc.texas.gov/UBS/security/logon.do - your claim starts from the Sunday of the week you apply so every day you wait means potentially missing out on a week of benefits.

0 coins

This actually makes me feel better. The performance issues they cited were things like 'not meeting productivity targets' but I was hitting the same numbers as my coworkers. Never anything about policy violations or anything like that.

0 coins

yeah same kind of thing happened to my brother, they called it performance but there was nothing actually wrong he did. he still got approved.

0 coins

Important clarification here - TWC looks at what both you AND your former employer say happened. So your side of the story absolutely matters. Document everything you can remember about those reviews and the lack of written warnings before you apply.

0 coins

Apply NOW. Seriously don't wait. I delayed for about 10 days after I got fired because I figured I'd be disqualified anyway, and I lost those first couple weeks of potential benefits entirely because the claim starts from whenever you actually apply. TWC cannot go back and cover weeks before your application date no matter what. Apply online through UBS or call 800-939-6631 if you have issues with the website.

0 coins

Okay filing today then. Do I need anything specific ready when I apply, like paperwork from my employer?

0 coins

Have your Social Security number, your employer's address and phone number, your start and end dates there, and your last pay info. You don't need anything from your employer to apply - TWC contacts them separately.

0 coins

TWC mails your former employer a notice and gives them 14 days to respond with their side. So your employer will have a chance to explain why they fired you, and TWC reviews what both sides say before making a determination.

0 coins

Four years at the same place and fired over vague 'performance issues' with no written record is exactly the scenario where you have a real shot at getting approved. When TWC reviews your case the key question is whether what happened rises to the level of misconduct - and that word means something specific to them. It's not just 'they weren't happy with my work.' It means you did something wrong on purpose or failed to do your job when you clearly knew how and just didn't. Good reviews and no written warnings work in your favor when TWC is weighing the situation.

0 coins

My last review was about 8 months ago and was rated 'meets expectations.' Is it worth trying to get a copy of that before or after applying?

0 coins

Apply first, get the review copy after. Don't hold up your application to gather documents - the clock starts ticking the day you file. Once your claim is in, gather whatever records you can in case there's an adjudication or you need to appeal a decision.

0 coins

This is right - adjudication just means TWC is still reviewing your eligibility, it's not the same as being denied. A lot of people panic when they see that word but it's just part of the process.

0 coins

FOUR YEARS and they fire you over productivity targets with no written warnings?? This system is SO frustrating because you have to prove yourself all over again even when it's clearly on the company. I went through something similar two years ago, got fired for 'attitude problems' that were never documented anywhere, and TWC still made me wait weeks before I got any kind of decision. File fast, do your work search activities every week from day one, and don't stop requesting payments even while TWC is reviewing your case.

0 coins

Wait I didn't know I had to do work search activities even while they're reviewing my claim. How many do I have to do?

0 coins

TWC mails you a letter after you apply that tells you exactly how many work search activities your county requires each week. The number varies by county - some require just one or two, others up to five. That letter is what tells you your specific number, not a general rule. Keep a log of everything you do because TWC can ask for it anytime.

0 coins

And do your payment requests on schedule even if TWC hasn't made a decision yet. Missing a payment request window means you don't get paid for that week, period.

0 coins

Something that tripped me up when I filed after a firing - I thought applying and requesting payments were the same thing. They're totally separate steps. Applying sets up your claim, but then you have to actively go in and request payment every two weeks starting about a week or two after you apply. TWC will mail you an instruction sheet with your specific payment request date on it. If you skip a payment request week you can still file it Thursday through Saturday of that same week, but after that the window closes.

0 coins

Oh I had no idea they were separate steps. So even if I'm still in adjudication I should be doing payment requests?

0 coins

Yes exactly. You request payments on schedule no matter what - TWC holds them while they review but once they approve your claim they release everything they owe you. If you never requested those weeks though, there's nothing to release.

0 coins

This is one of the most common mistakes people make. File first, then remember to come back and request payments every two weeks starting when TWC tells you to. The UBS portal is where you do both.

0 coins

Heads up on the work search registration piece - you need to register on WorkInTexas.com as part of the unemployment process. It's connected to UBS with the same login. Some people get tripped up because they think applying for benefits is all they need to do, but the work search registration is a separate required step.

0 coins

WorkInTexas.com - got it. Is that just creating a profile or do I have to actively apply for jobs through there?

0 coins

Creating the profile satisfies the registration requirement. You can search and apply for jobs through it which counts toward your work search activities, but you're not locked into using it exclusively - you can also apply elsewhere and just log those activities.

0 coins

The work search log is important. Keep track of every application, every company you contact, every interview - date, company name, position, how you applied. You might never need it but if TWC asks and you can't produce it, that's a problem.

0 coins

My sister got fired last year and everyone told her she definitely wouldn't qualify. She applied anyway and got approved. The employer said she violated a policy but the policy was never shown to her in writing and she'd only been told verbally once months earlier. TWC still reviewed everything and sided with her. Moral of the story - apply regardless of what anyone tells you, including your former employer. Let TWC make the decision.

0 coins

How long did your sister's case take? I'm wondering how long I'll be waiting before I know anything.

0 coins

About four weeks from when she applied to the first determination letter arriving. She got paid about four weeks after applying too. The first payment usually only covers one week even though you're waiting longer, because of how TWC holds the first payable week.

0 coins

To add to that - TWC sends separate determination letters for different parts of your claim. Getting one determination doesn't mean the whole thing is resolved. So watch your mail and your UBS account closely.

0 coins

Nobody told me when I filed that the first week you're eligible doesn't actually get paid out right away. It's held until after you've been paid the equivalent of two times your weekly amount AND you either go back to full-time work or use up your benefits. Had me confused for a long time thinking my first payment was missing.

0 coins

That held week is called the waiting week. You're not losing it - it's just held. If you go back to full-time work before you exhaust benefits you can request that waiting week through UBS or Tele-Serv. Both things have to happen though - the two payments AND returning to work - before you can collect it that way.

0 coins

Okay that clears it up. I thought I had been shorted a whole week. Good to know I can request it if I go back to work.

0 coins

A lot of people think getting two payments automatically releases the waiting week. It doesn't - you need both conditions met, the payments AND the full-time job return or exhausting benefits. Just wanted to make that clear because I've seen that mistake made in other threads.

0 coins

Real talk about the timeline here: after you apply, TWC mails your employer a notice and they have about two weeks to respond. Then TWC reviews everything and usually a determination arrives within about four weeks of your application. During that whole time you should be requesting payments and doing your work search activities every single week. Don't pause anything while waiting.

0 coins

And if I disagree with their determination I can appeal it right? Like if they side with the employer?

0 coins

Yes - you have 14 calendar days from the date printed at the top of the determination letter to file an appeal. That date matters, not when you receive it. You can appeal through UBS, in person at a Workforce Solutions office, or by mail or fax. Keep requesting payments the whole time you appeal too.

0 coins

The appeal goes to what's called the Appeal Tribunal - it's a phone hearing with one Hearing Officer. If you lose there, you can go to the Commission level after that. No lawyer required at any step though a lot of people do it without one just fine.

0 coins

Something about the fired-for-performance question that I think is worth knowing: even if TWC determines you were fired for misconduct and disqualifies you, that disqualification isn't permanent. If you get another job and work for a certain period of time, then lose that job through no fault of your own, you can reopen a claim. So a denial now isn't necessarily the end of the road.

0 coins

How much would I have to work to clear a disqualification like that?

0 coins

You'd need to start a new job and either earn six times your weekly benefit amount or work at least 30 hours a week for six weeks, then lose that job through no fault of your own. After that you can apply again and the original disqualification no longer blocks you. Keep any pay stubs or proof of hours in case TWC needs documentation.

0 coins

This is accurate. And just to be clear, that's only if you're actually disqualified. A lot of people fired for performance reasons without documented misconduct get approved on the first try. Apply, see what TWC decides, then go from there.

0 coins

My employer actually told me not to bother filing because I'd just get denied. I filed anyway and got approved. Employers sometimes say that to avoid the paperwork hassle or because they genuinely don't understand how TWC reviews these things. The determination is TWC's call, not your former employer's.

0 coins

Mine didn't say anything about it but honestly I assumed the same thing - that being fired meant automatic denial.

0 coins

Really common assumption and it's just not how it works in Texas. Getting fired is not an automatic bar to benefits. The question is always about the nature of the separation and whether misconduct was involved.

0 coins

Employers can and do fight claims though. If yours submits a detailed response to TWC disputing your version, that goes into the review. Doesn't mean you lose but be ready to give TWC your side clearly too if they reach out.

0 coins

Calling TWC directly can be useful if you have specific questions about your claim status after applying. The Tele-Center number is 800-939-6631. I tried calling three separate mornings last spring and either got a busy signal or held for 45 minutes before getting disconnected. Eventually used claimyr.com to get through - same process where it holds the line and connects you when an agent answers. Needed to ask about why my adjudication was taking so long and the agent was actually able to tell me my claim was pending an employer response.

0 coins

Has anyone had luck with specific call times? Like is there a better time of day to reach TWC?

0 coins

Early morning right when they open tends to have shorter waits. But even then it's not guaranteed. The volume at TWC is just unpredictable.

0 coins

Tele-Serv at 800-558-8321 is for automated stuff like payment requests and checking your payment status - no hold time for that. For questions that actually need a human, the Tele-Center wait times are rough no matter when you call.

0 coins

About what happens with your pay after being fired - if your employer gave you any kind of severance pay, you're required to report it when you apply or by calling TWC. Some types of severance can pause your benefits while you're receiving it. TWC mails a decision on how your specific severance package is treated, so don't try to guess whether yours counts or not. Same thing applies if you got paid out for any unused time off when you left.

0 coins

They gave me two weeks of pay as a 'separation package' - is that going to affect my claim?

0 coins

Report it when you apply, there's a spot for other income. TWC will review what kind of payment it is and mail you a determination on it. Don't skip reporting it - unreported income can cause an overpayment situation later that's much harder to deal with.

0 coins

The overpayment situation is genuinely not something you want. TWC has to recover every overpayment even when it wasn't your fault. Report everything upfront and let TWC sort out what counts.

0 coins

Quick thing on the work search log - keep it detailed. Company name, job title you applied for, date, how you applied (online, in person, email). I kept a simple spreadsheet and TWC did end up asking me to provide it about six weeks into my claim. Had everything ready and it wasn't a problem at all.

0 coins

Can any type of job application count or does it have to be in my field?

0 coins

Suitable work is what matters, and in the first eight weeks that means jobs paying at least 90 percent of your normal wage. After eight weeks the threshold drops to 75 percent. You're not required to apply only to your exact field but the job should be reasonably comparable to what you were doing.

0 coins

In practice early on you're mostly applying to similar jobs anyway. The 90 percent threshold just means you don't have to take a massive pay cut to keep your benefits in the first couple months.

0 coins

Something a lot of people miss is that you need to register on WorkInTexas.com before your first payment request comes due. It's one of the requirements tied to your claim being payable. The registration links your work search profile to your unemployment claim. If it's not done, that can hold things up.

0 coins

Yep this is right. The login is the same as UBS which makes it easy - same user ID and password. Just go to WorkInTexas.com and get the profile set up early so it's not hanging over your claim.

0 coins

I created a WorkInTexas account about a year ago for a different job search. Does that existing account count or do I need to make a new one?

0 coins

An existing account should be fine - just log in and make sure the profile is current and complete. The connection to your unemployment claim happens through the login credentials being shared between the two systems.

0 coins

Benefits are taxable income, just want to make sure you know that going in. TWC mails a 1099-G form every January for the previous year. You can also choose to have 10 percent withheld automatically for federal taxes so you don't get hit with a bill in April. That option is in UBS under your account settings.

0 coins

Okay good to know. I was going to ask about taxes. Is there a state tax on it in Texas too?

0 coins

No state income tax in Texas so the 1099-G is only for federal purposes. Just the 10 percent federal withholding to think about if you want it, nothing at the state level.

0 coins

A lot of people elect the withholding upfront so they don't have to remember to set money aside. Easier to just have it taken out automatically than to try to manage it yourself when you're already dealing with everything else.

0 coins

For what it's worth I want to say - the people who get discouraged and don't file are often the ones who would have qualified. TWC's job is to review the facts, not to automatically side with employers. I've seen people surprised on both ends - approved when they thought they'd be denied, and denied when they thought approval was a sure thing. The only way to know is to apply and let the process work.

0 coins

I filed this afternoon, took about 20 minutes through UBS. Registered on WorkInTexas.com too. Now I guess I wait and keep up with the payment requests and work search. Thanks everyone, this thread was incredibly helpful.

0 coins

Mark on your calendar when your first payment request is due - TWC will send that date in the mail but keeping your own reminder helps. Good luck with the determination.

0 coins

Keep your eyes on UBS and your mailbox for the determination letters. If anything looks wrong or unclear in a letter you receive, that's the time to call TWC or look into appealing. Fourteen days from the date on the letter is your window, so don't sit on it.

0 coins

My situation was different from yours but I also got let go and needed to get through to TWC fast about my claim status. Phone lines were brutal. Used claimyr.com the same way the earlier commenter described and got connected to an agent who confirmed my claim was in adjudication pending employer response. At least knowing what stage it was in made the waiting easier to handle.

0 coins

Good to know there's a way to actually get answers when the phone lines are impossible. Bookmarking that for when I need to check on my claim status.

0 coins

Adjudication just means TWC is still figuring out if you're eligible - it's not a denial. It's the review stage. Lots of people see that word and panic thinking they've already been denied.

0 coins

Exactly right. Adjudication is just the process, not a verdict. The determination letter is what tells you TWC's actual decision.

0 coins

Related posts

Texas Unemployment AI

Expert Assistant
Secure