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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.

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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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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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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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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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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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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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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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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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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Does that actualy work? I tryed calling TWC like 50 times yesterday and never got through!!!

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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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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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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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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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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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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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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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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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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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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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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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