Can I get TWC benefits after being fired for attendance violations? Desperate for answers
So I got let go from my warehouse job last week after missing too many days. I had some legit reasons (car broke down twice, kid was sick) but I was already on my final warning for attendance. My manager said I was being terminated for 'attendance policy violations' and handed me my final check. I really need to file for unemployment while I look for something else because rent is due in 3 weeks. But I've heard TWC usually denies benefits if you're fired for cause? Does being fired for attendance count as misconduct that would disqualify me? Has anyone successfully gotten benefits after being terminated for attendance issues? Any advice would be really appreciated.
36 comments


Anderson Prospero
I got fired for attendance last year and TWC denied my claim initially. They said it was "misconduct connected with work" because my absences were considered within my control. Not gonna lie, it was a real mess for a while. Had to appeal.
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Ahooker-Equator
•That's what I'm worried about. Did your appeal work out? What kind of evidence did you need to provide?
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Tyrone Hill
It depends on the circumstances behind your attendance issues. TWC will look at whether your absences were within your control or not. If you have documentation for your car troubles and your child's illness (mechanic bills, doctor's notes), you should submit those with your claim. You'll need to explain these circumstances during your initial claim filing, and be prepared for your employer to contest the claim. They'll conduct a fact-finding interview where both sides present their case. Key points that might help your case: 1. Were your absences documented and reported according to company policy? 2. Did you provide proper notice each time? 3. Do you have evidence that the absences were truly beyond your control? 4. Was the attendance policy reasonable and were you aware of it? Be completely honest in your application - TWC will contact your employer for their side of the story.
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Toot-n-Mighty
•this is good advice but in my experience TWC almost always sides with the employer on attendance stuff unless you have like rock solid proof the absence was unavoidable
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Lena Kowalski
I tryed to get benefits after getting fired for missing work when my grandma died and they still denied me!!! Said I should have followed company policy for bereavement leave. The hole system is rigged against workers!!
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DeShawn Washington
•That's terrible! Did you appeal? I've heard appeals have a decent success rate if you show up to the hearing and explain your situation thoroughly. The initial determinations often seem to favor employers.
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Mei-Ling Chen
Attendance-based terminations are tricky with TWC. Unlike what some believe, being fired for attendance doesn't automatically disqualify you. It comes down to whether TWC considers your absences to be misconduct, which they define as deliberate violation or disregard of standards an employer has the right to expect. Based on my experience with numerous TWC cases: 1. If your absences were due to genuine medical issues (yours or immediate family) and you followed proper call-in procedures, you have a good chance. 2. Document everything. Gather any doctor's notes, car repair receipts, text messages to supervisors about absences - anything proving the legitimacy of your absences. 3. When you file, be very specific about each absence and why it occurred. "Car broke down" is vague, but "Vehicle experienced transmission failure on Highway 35 at 7:15am on Feb 3, 2025, called supervisor immediately, and had car towed to Smith's Auto as documented by receipt" is specific. 4. If denied, definitely appeal. Many initial denials are overturned during the appeal process. It's also worth noting that TWC distinguishes between one-time serious infractions and patterns of minor infractions. Even legitimate reasons, if repeatedly causing absences, could potentially be viewed as a pattern problem.
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Ahooker-Equator
•Thank you for the detailed explanation. I did follow the call-in policy every time (you had to call at least 2 hours before shift). And I have the mechanic bill for my car transmission issues from February. My daughter's school also sent those automated emails when I picked her up early for being sick. I'll make sure to include all of that. Fingers crossed!
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Sofía Rodríguez
Ugh I tried getting through to TWC for WEEKS about my termination situation last month. Busy signals every day. Finally I found a service called Claimyr that got me connected to a TWC rep in less than 30 minutes. They have a demo video here: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh and their website is claimyr.com. Way better than burning through my phone battery hitting redial for hours!
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Lena Kowalski
•Does that actualy work? I tryed calling TWC like 50 times yesterday and never got through!!!
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Sofía Rodríguez
•It worked for me! I was skeptical too but I was desperate after trying for days. The TWC agent I talked to was actually super helpful about my situation.
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Toot-n-Mighty
my roomate got fired for attendance and still got benefits but it was bcuz he had doctors notes for all his absenses. if u dont have proof your probably out of luck tbh
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Ahooker-Equator
•I have some documentation but not for every absence. I have the mechanic receipts but not doctor's notes for my kid - the school nurse just called me to pick her up.
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DeShawn Washington
I've helped a few people navigate this exact situation. One important factor no one's mentioned yet: how long had you been employed there before termination? TWC sometimes takes tenure into account. If you had a clean record for a year or more before these attendance issues started, that can help your case. Also, did your employer have a clear, written attendance policy that you acknowledged? If the policy wasn't well-documented or they didn't follow their own progressive discipline steps correctly, that could work in your favor. And regarding your specific reasons: - Car breakdowns: Get detailed repair documentation. Two mechanical failures shows this wasn't negligence on your part. - Child's illness: School records of early pickup, any communications with teachers/nurses, and any doctor visits if applicable. TWC does recognize that some life circumstances are beyond reasonable control. Don't let the initial response discourage you if it's a denial - the appeal hearing is where you'll have the best chance to fully explain your case.
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Tyrone Hill
•This is excellent advice. I'd add that it's also important to note whether the absences were clustered together or spread out over time. A pattern of Monday/Friday absences looks different to TWC than isolated incidents spread across months.
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Ahooker-Equator
•I'd been there for almost 2 years with good performance reviews. The attendance policy was in the employee handbook which I did sign when hired. The absences happened over the last 3 months, not all at once. I'm definitely going to appeal if denied initially.
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Anderson Prospero
To answer the question about my appeal from earlier - yes, it worked out for me, but it took almost 2 months to get resolved. For my appeal, I had to: 1) Request a hearing within 14 days of the denial letter, 2) Prepare all my documentation showing why my absences weren't my fault, 3) Attend a phone hearing with a TWC hearing officer and my former employer. The hearing was intimidating but the officer was fair. I explained that 3 of my 5 absences were due to documented medical issues and the other 2 were when my apartment flooded (I had photos and maintenance reports). TWC reversed the decision and I got backpay for all the weeks I'd been requesting payment during the appeal process. Just be super prepared for the hearing and don't get defensive or blame your employer - stick to facts about why your absences were unavoidable.
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Ahooker-Equator
•Thank you! That gives me some hope. I'll start gathering all my documentation now just in case I need to appeal.
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Aiden O'Connor
This reminds me of when I got laid off from my job at the grocery store back in 2023... totally different situation I guess since it was a layoff not firing but man the TWC website was so confusing trying to figure out which buttons to click lol. Took me like 3 hours just to submit my application!
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Mei-Ling Chen
One more important point: when you file your initial claim, you'll be asked for the reason for separation. Be truthful but precise - don't simply say you were fired for attendance. Instead, explain that you were terminated after unavoidable absences that were properly reported according to company policy (assuming that's true). The exact wording matters a lot in how TWC initially categorizes your claim. Something like "Terminated after absences due to documented vehicle failure and child's illness, all reported according to company policy" frames it more accurately than just "fired for absences.
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Ahooker-Equator
•That's really helpful advice about the wording. I'll make sure to be specific about the reasons rather than just saying I was fired for attendance.
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Christian Burns
Just wanted to add that you should also check if your employer had any accommodations available that you weren't offered. For example, if they had flexible scheduling options or unpaid leave policies that could have addressed your situation, and they didn't offer those before terminating you, that could strengthen your case. Also, make sure to file your claim as soon as possible - even if you think it might be denied. There's a waiting period before benefits start anyway, and if you do win an appeal later, you'll get backpay from when you first filed. Don't wait thinking you need to have all your documentation perfect first - you can always submit additional evidence during the appeals process. Good luck with your claim! The fact that you followed proper call-in procedures and have some documentation puts you in a better position than many people in similar situations.
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CosmicCadet
•This is great advice about filing ASAP! I was hesitating because I wasn't sure if I had enough documentation, but you're right that I can add more evidence later if needed. I'm going to file tomorrow morning and start the process. Thanks everyone for all the helpful advice - this community has been amazing!
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Gavin King
I went through something similar about 6 months ago. Got terminated for attendance after my car got totaled in an accident and I missed several days dealing with insurance/rental car issues. Initially got denied by TWC but won on appeal. The key things that helped me were: 1) I had police report from the accident, 2) Insurance paperwork showing the timeline, 3) Screenshots of my texts to my supervisor explaining the situation each day I was out. Even though I was on a final warning for previous attendance issues (some of which were legitimately my fault), TWC agreed that this specific incident was beyond my control and not misconduct. The hearing officer said what mattered most was that these particular absences weren't due to personal choice or negligence. File your claim immediately and don't get discouraged if it's initially denied. About 40% of denials get overturned on appeal according to the hearing officer I talked to. Your car trouble and sick child situations sound very similar to mine - definitely not misconduct if you can document them properly.
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Logan Scott
•This is really encouraging to hear! Your situation with the car accident sounds very similar to mine with the breakdowns. I'm glad you were able to get it overturned on appeal. I have the police report from when my transmission went out on the highway and had to get towed, plus all the repair receipts. Knowing that 40% of denials get overturned gives me hope. I'm definitely going to file tomorrow and be prepared for the appeal process if needed.
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Edison Estevez
I've been helping people with TWC claims for years as a former workforce center employee, and your situation actually has several positive factors working in your favor: 1. **You followed proper procedures** - The fact that you called in 2+ hours before each shift shows you weren't just "no-showing" which TWC views much more negatively. 2. **Documented legitimate reasons** - Car transmission failure and sick child are both considered "good cause" by TWC standards, especially with your supporting documentation. 3. **Good employment history** - 2 years of employment with good reviews demonstrates you're not a habitually unreliable employee. 4. **Recent pattern vs. isolated incidents** - Since your attendance issues were concentrated in the last 3 months rather than throughout your employment, this suggests external circumstances rather than personal negligence. When you file (and definitely file ASAP), emphasize that these were unavoidable circumstances beyond your control, not willful misconduct. Include phrases like "documented mechanical failure" and "dependent care emergency" rather than just "car problems" and "sick kid." Even if initially denied, your case has strong appeal potential. I've seen very similar cases overturned when the claimant presented their documentation clearly and showed the absences weren't due to personal choice or disregard for company policy. The appeal hearing is your best chance - don't let an initial denial discourage you from pursuing it.
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Anastasia Smirnova
•This is incredibly helpful and reassuring! I really appreciate you taking the time to break down all the positive factors in my case. The terminology suggestions are especially valuable - I hadn't thought about how the specific wording could make such a difference. "Documented mechanical failure" and "dependent care emergency" definitely sound more official than how I was describing it. I'm feeling much more confident about filing now, knowing that someone with your background thinks I have a strong case for appeal if needed. Thank you so much for the detailed advice!
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Ethan Brown
I'm in a similar boat right now - got terminated last month for attendance issues after my mom had to go to the ER twice and I had no backup childcare for my 5-year-old. Reading through all these responses is giving me hope that I might have a chance if I appeal. One thing I'm wondering about - has anyone dealt with TWC when your employer contests the claim? My former manager already told me they're planning to fight any unemployment claim I file. She said they have "detailed records" of all my absences going back 6 months. I'm worried this will hurt my chances even though the recent ones were legitimate emergencies. Also, @Ahooker-Equator, have you filed your claim yet? I've been putting it off because I'm scared of getting denied, but all this advice is making me realize I should just go ahead and do it. We might end up going through the appeal process around the same time if you want to keep each other updated on how it goes!
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Sasha Reese
•@Ethan Brown Don t'let the employer contesting it scare you! From what I ve'learned reading all these responses, employers contest claims all the time - it s'pretty standard. The fact that they have detailed "records could" actually work in your favor if those records show you followed proper call-in procedures and the recent absences were for legitimate emergencies like your mom s'ER visits. I haven t'filed yet but I m'definitely doing it first thing tomorrow morning after getting all this great advice. You should absolutely file too - we re'both in similar situations with legitimate reasons for our absences. Maybe we can help each other through the process! The worst that can happen is we get initially denied and then we appeal with all our documentation. But if we don t'file at all, we definitely won t'get anything. Your childcare emergency situation sounds even more compelling than mine honestly - medical emergencies for family members are exactly the kind of good "cause situations" that @Edison Estevez mentioned TWC recognizes. Just make sure you have any hospital paperwork or documentation about your mom s ER'visits.
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Chris Elmeda
Just wanted to chime in as someone who works in HR and deals with TWC cases regularly. Your situation actually sounds pretty favorable compared to many attendance-related terminations I've seen. A few additional tips from the employer side: 1. **Timeline matters** - TWC will look at whether your employer gave you reasonable opportunity to correct the attendance issue. If you were put on a final warning and then had legitimate emergencies shortly after, that can work in your favor. 2. **Documentation is everything** - You mentioned having mechanic receipts and school communications. Also gather any texts/emails you sent to your supervisor about the absences, time stamps showing when you called in, and anything showing you tried to find coverage for your shifts. 3. **Company policy compliance** - Since you followed the 2-hour call-in rule every time, that's huge. Many attendance cases get denied because people just didn't show up without notice. The fact that you had good reviews for nearly 2 years before these recent issues shows this isn't a pattern of unreliability. TWC distinguishes between employees who chronically abuse attendance policies versus those who face genuine emergencies. File ASAP and don't stress about a potential denial - I'd estimate you have about a 60-70% chance of winning on appeal based on what you've described, especially with proper documentation. Good luck!
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Daniel Price
•This HR perspective is really valuable! I'm curious about something you mentioned - you estimated a 60-70% chance of winning on appeal with proper documentation. Is that based on your experience with similar cases? I'm trying to gauge realistic expectations since I know I'll probably be denied initially but want to understand if it's worth the stress and time investment of going through the appeal process. Also, when you mention "reasonable opportunity to correct the attendance issue" - in my case I was already on final warning when these emergencies happened. Does TWC typically consider that the employer gave reasonable opportunity, or do they look more at whether the final incidents that led to termination were actually misconduct?
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Derek Olson
I'm dealing with almost the exact same situation right now - got fired for attendance after some unavoidable circumstances and I'm terrified about filing for unemployment. Reading through everyone's advice here has been incredibly helpful and honestly given me the courage to actually go ahead and file. What really stands out to me from all these responses is that having documentation and following proper procedures seems to make a huge difference. I've been beating myself up thinking I had no chance, but seeing that people with similar situations have won on appeal is really encouraging. @Ahooker-Equator - I hope you file soon! From everything I've read here, your case sounds strong especially with the mechanic receipts and school communications. The fact that you followed call-in procedures every time and had legitimate reasons puts you in a much better position than someone who just stopped showing up. One thing I'm taking away from all this is that even if we get initially denied, the appeal process seems to be where the real decision gets made. It sounds like that's where you can present all your documentation and actually explain the circumstances rather than just having it reviewed on paper. I'm definitely filing this week after reading all this advice. Sometimes you just need to hear from other people who've been through the same thing to realize it's worth fighting for.
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Javier Cruz
•@Derek Olson You re'absolutely right about the documentation and procedures making a huge difference! I ve'been procrastinating on filing because I was scared, but reading everyone s'experiences here has really opened my eyes. It sounds like TWC actually does look at the individual circumstances rather than just automatically denying everyone who got fired for attendance. What really gives me confidence now is knowing that so many people here have been through similar situations and came out okay. @Anderson Prospero won their appeal, @Gavin King got theirs overturned, and even @Chris Elmeda from the HR side thinks cases like ours have good chances on appeal. I think the key thing I m learning is that'TWC distinguishes between people who are genuinely unreliable versus those who faced legitimate emergencies. Having car trouble and sick kids isn t the same as'just deciding not to show up to work. You should definitely file this week too! Maybe we can all keep each other posted on how our cases go. Sometimes having people going through the same thing makes the whole process less scary.
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Omar Hassan
Reading through all these responses has been really eye-opening! I had no idea that TWC actually considers the specific circumstances behind attendance issues rather than just automatically denying anyone who got fired for missing work. A few things I want to add based on my own experience dealing with TWC a couple years ago (different situation but similar process): 1. **Keep detailed records of everything** - Not just the documentation you already have, but also keep track of every interaction with TWC. Write down dates, times, and who you spoke with. This becomes super important if you need to reference previous conversations during an appeal. 2. **The online application can be tricky** - Make sure you save your work frequently and maybe even screenshot each page as you complete it. I lost my entire application halfway through once and had to start over. 3. **Don't get discouraged by the employer pushback** - Like others mentioned, employers contest claims routinely. It's basically standard procedure for them, not necessarily a sign that your case is weak. The fact that you followed proper call-in procedures and have legitimate documentation for your absences really does put you in a much stronger position than you might think. File as soon as possible and be prepared for the long game if it goes to appeal. Good luck!
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Malik Johnson
•@Omar Hassan Those are really practical tips! I especially appreciate the advice about screenshotting each page of the application - I would have never thought of that but it makes total sense given how government websites can be glitchy. One thing I m'realizing from reading everyone s'experiences is how much the appeal process seems to matter. It sounds like that s'really where you get to tell your full story rather than just checking boxes on the initial application. I m'feeling much more prepared now knowing what to expect and what documentation to gather. Has anyone here had experience with the actual appeal hearing process? I m'curious what it s'like - is it intimidating or more conversational? @Anderson Prospero mentioned it was intimidating but fair, but I d love'to hear more details about what to expect if it comes to that.
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Jabari-Jo
I went through the TWC appeal hearing process last year and can share what it was like! The hearing was conducted over the phone with a TWC hearing officer, me, and a representative from my former employer. The whole thing took about 45 minutes. The hearing officer was professional but not intimidating - they asked direct questions and let both sides present their case. I went first to explain my situation, then my employer gave their side, and then we both had a chance to respond to each other's statements. What helped me the most was being organized with my documentation. I had everything labeled and ready to reference when asked specific questions. The hearing officer asked about dates, what I told my supervisor, and what evidence I had for each absence. The key is to stay calm, stick to facts, and don't get emotional or defensive. I focused on explaining why each absence was unavoidable and how I followed company policy. About two weeks later I got a written decision approving my benefits. From what I experienced, if you have legitimate reasons with documentation and followed proper procedures like you did, the appeal hearing is really your chance to get a fair review. The initial determination process seems much more automated and superficial compared to having an actual person evaluate all the details.
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