Can I get TWC benefits after termination with severance pay? When to file?

Yes, you can absolutely file for unemployment even with a severance package! I went through this last year with my accounting job. In Texas, you should file as soon as your employment ends - don't wait until your severance runs out. The TWC will ask about your severance during the application process, and they'll calculate how it affects your benefits. Usually, they'll delay the start of your benefits until after your severance period ends, but it's important to get in the system right away to establish your claim.\n\nAs for being termed for performance, that doesn't automatically disqualify you, especially if you never received formal warnings or a performance improvement plan. The burden is on your employer to prove misconduct, and simply not meeting expectations usually isn't enough to deny benefits.

Thank you so much for this info! So basically I apply now but won't get payments until the severance period is over? Does the TWC generally side with employees or employers in these performance-related cases?

I got fired last year and got a severance too. Just make sure u report the severance $$ when you file! I didnt and it caused a huge mess later lol. My payments got delayed for like 2 months bc they thought i was trying to double dip or something

Oh that's good to know - I definitely don't want any payment delays. I'll make sure to report everything accurately.

To answer your follow-up question, it really depends on the specific circumstances, but TWC does require employers to provide evidence that they communicated performance expectations and gave you a reasonable opportunity to improve before termination. If they can't show that, you'll have a stronger case. Make sure you're prepared to explain your side during the claim process, especially if your employer contests it.\n\nAlso, be aware that when you file, TWC will contact your former employer for their version of events. If there's a discrepancy, you might have a phone interview with a TWC examiner to resolve it.

THEY CAN STILL DENY YOU even with severance!!! My company gave me 8 weeks pay and called it \

You're right that initial denials can happen, but appeals are often successful, especially in performance cases without documentation. Did you win your appeal eventually?

YES after THREE MONTHS of fighting and zero income!!! Had to submit all my performance reviews (which were actually good) and emails showing they never warned me. Finally got approved but those months were TERRIBLE financially!!

this happened to my cousin but his was called a layoff not performance so maybe see if they'll change the paperwork? worth asking hr

I had a similar situation last year. Filed my TWC claim right after separation even though I had 6 weeks severance. One important thing to know: when you do your payment requests (TWC's term for weekly claims), you have to report any income received for that week, including severance. So if your severance is paid out weekly, you'll report each payment. If you got it as a lump sum, you need to ask TWC how they want you to report it.\n\nFor the performance issue - gather any positive performance reviews, emails, or other documentation showing you were doing your job well. If you truly had no formal warnings or PIPs, make sure to emphasize that during the claim process.\n\nAlso, when you're trying to reach TWC to ask questions (which you'll definitely need to), don't waste days getting busy signals. I used a service called Claimyr (claimyr.com) that got me through to a TWC agent in about 25 minutes after trying for days on my own. They have a demo video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Totally worth it for getting clear answers about the severance reporting.

Thanks for the tip! I tried calling yesterday and couldn't get through at all. I'll check out that service if I keep having trouble. Did TWC give you any issues about the performance-based termination?

In my case, my employer initially contested it, claiming I wasn't meeting targets. But TWC ruled in my favor because the company couldn't provide documentation of warnings or a PIP. So document everything and be honest about the situation during your claim process.

apply asap dont wait. my brother got severence and he still got benefits but they started after the severence period. you gotta file within like 2 weeks of your last day i think or it messes up your base period or something??

I work in HR (not giving official advice), but I can tell you that in Texas, the key factor will be whether your employer can prove they gave you sufficient warning and opportunity to improve. Without documented warnings, many

This is really helpful info, thank you! I'm going to start my application today. Just to clarify - I need to do 3 work search activities per week even during the weeks I'm getting severance and won't be receiving unemployment payments yet?

To clarify: You don't need to conduct work searches until you begin filing payment requests, which typically starts after your claim is approved. TWC will tell you when to file your first payment request, and that's when the work search requirements begin. But it's never a bad idea to start looking right away - the sooner you find a new position, the better for your financial situation.

anybody else been ghosted by texas workforce on the phone? i swear they just hang up when the queue is full

Every. Single. Time. That's why I mentioned that Claimyr service above - it was the only way I could get through after trying for days.

Just to add one more important point - make sure you understand that accepting the severance doesn't waive your right to file for unemployment (unless you signed something specifically saying that). Some companies try to imply this, but it's not true in Texas.\n\nAlso, start your job search immediately and keep detailed records of all your applications and networking activities. Those records will be valuable both for meeting the work search requirements and potentially for an appeal if you need one. Good luck!

Thank you everyone for all the helpful advice! I'm going to file my claim today and make sure I document everything carefully. I'll update this thread once I find out if they approve my claim or if I run into any issues. Fingers crossed!

Good luck with your claim! Just wanted to add that if you do get initially denied, don't panic - the appeals process exists for a reason. I've seen several cases where people won on appeal even after an initial denial for performance issues. Keep copies of everything - your termination letter, any performance reviews you received, emails, etc. The more documentation you have showing they didn't follow proper progressive discipline, the stronger your case will be. Also, when you do your phone interview (if they schedule one), be factual and stick to the facts - don't get emotional or overly defensive. You've got this!

I went through almost the exact same situation about 8 months ago - terminated for "performance issues" with a 4-week severance package. Here's what I learned: File your claim immediately, don't wait! I made the mistake of waiting until my severance ended and it delayed everything by weeks. When you file, be completely transparent about the severance. TWC will ask specific questions about it, and honesty is crucial. They'll likely delay your benefit payments until after your severance period, but getting your claim established early is key. For the performance termination - document everything you can remember. I wrote down dates of any conversations with supervisors, gathered old performance reviews (even informal ones), and collected any positive feedback emails. Since you mentioned no formal warnings, that's actually in your favor. Texas requires employers to show they gave you a fair chance to improve. One heads up: if your employer contests the claim (which they might), you'll get a determination letter and possibly need to do a phone interview with TWC. Don't stress about it - just be honest and factual. I got approved even though my employer initially fought it. The whole process took about 3 weeks for me once I actually filed. Good luck!

I'm in a very similar boat right now - just got terminated last week for "performance issues" with a 6-week severance. Reading through all these responses has been incredibly helpful! I was also hesitant about whether to file right away or wait, but it sounds like the consensus is definitely to file immediately. One question I haven't seen addressed yet - has anyone dealt with a situation where the company made you sign a severance agreement that had language about not disparaging the company or discussing your termination? I'm wondering if that affects what I can say during the TWC claim process or phone interview. I want to be honest about my experience but also don't want to violate any agreement I signed. Also, @Dylan Evans, you mentioned that TWC contacts the former employer for their version of events - do they typically do this right away, or only if there are discrepancies in the initial claim? Just trying to understand the timeline and what to expect. Thanks everyone for all the great advice in this thread!

Just wanted to chime in as someone who recently went through this exact scenario! Got terminated for "performance issues" last month with a 3-week severance package. Filed my TWC claim the day after my termination and I'm so glad I did - the process took longer than expected even without delays. A couple of things I learned that might help: When you file online, there's a specific section about severance pay where you'll need to enter the total amount and how it's being paid out (lump sum vs weekly). TWC was actually really clear about this during the application process. Also, regarding the performance termination - I was initially worried because my employer made it sound like I was being fired "for cause," but TWC explained that there's a big difference between being terminated for misconduct versus just not meeting expectations. Since you mentioned no formal warnings, that's actually a strong point in your favor. One tip: when you do your weekly payment requests (even during the severance period when you won't get paid), make sure to report the severance income accurately. I almost made an error there but caught it just in time. The whole system is designed to handle severance situations, so don't stress too much about it. You've got this!

I'm currently dealing with a very similar situation - got terminated 2 weeks ago for "performance issues" with a 7-week severance package. Like you, I never received any formal write-ups or performance improvement plans, just verbal feedback here and there. I filed my TWC claim immediately after reading advice similar to what others have shared here, and I'm glad I did. The application process was straightforward, and there's a clear section for reporting severance pay. TWC told me my benefit payments would be delayed until after my severance period ends, but my claim is now in the system and being processed. One thing I'd add that hasn't been mentioned much - make sure you save/screenshot the job posting from when you were originally hired if it's still available online. It can be helpful documentation of what your actual job responsibilities were supposed to be. Also, if you have any text messages or emails from coworkers or supervisors that show positive feedback about your work, those can be valuable too. The waiting is definitely stressful, especially not knowing if the claim will be approved, but from what I've learned, Texas generally sides with employees in cases where proper progressive discipline wasn't followed. Hang in there and file today if you haven't already!

I'm going through this exact same situation right now! Got terminated last Friday for "performance issues" with a 4-week severance, and like you, I never got any formal warnings or write-ups. Reading through all these responses has been incredibly helpful - I was also unsure about whether to file right away or wait. Based on everyone's advice here, I'm definitely going to file my claim today. It sounds like the key points are: 1) File immediately, don't wait for severance to end, 2) Be completely transparent about the severance when filing, 3) Gather any documentation showing good performance or lack of formal warnings, and 4) Be prepared that the employer might contest it initially. One thing I'm still a bit confused about - when they calculate the severance impact on benefits, is it just about delaying when payments start, or does it actually reduce the total amount you can receive? I have about $5,000 in severance coming, and I want to make sure I understand how that affects my overall benefit calculation. Thanks to everyone who shared their experiences - it's made me feel much more confident about moving forward with the claim process!