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Can I get TWC benefits if I quit due to childcare issues and mental health?

I'm in a really tough spot with my job and childcare situation. My stepdaughter is staying with us for the entire month (custody arrangement changed unexpectedly), and when I asked my employer if I could switch to part-time temporarily, they basically scolded me saying I should have known in advance. But we had issues with her mom last year and couldn't get her then, so this wasn't planned! My supervisor literally told me she "doesn't care about my husband's situation" and that it's "his problem, not the company's." I'm already dealing with documented mental health conditions (I've filed for Social Security disability, was denied but I've appealed). I'm honestly at my breaking point and looking for other jobs, but might need to quit before I find something. Will TWC deny my unemployment claim if I quit under these circumstances? Does the childcare issue + mental health situation qualify as good cause to leave? Has anyone successfully claimed benefits in a similar situation?

Hey there - I went through something kinda similar last year. From my experience, quitting usually means automatic denial UNLESS you can prove you had good cause connected with the work. Childcare issues alone aren't usually enough, but the way your supervisor responded and the hostile work environment might help your case. Make sure you document EVERYTHING. Save emails, texts, write down dates/times of conversations, and names of who said what. When you file, be very specific about the supervisor's comments and how they refused reasonable accommodation. But honestly, try requesting FMLA leave first if you qualify (worked there over a year, company has 50+ employees). That might buy you some time to find another job without quitting.

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Thank you so much for this advice! I didn't even think about FMLA as an option. I've been there for 3 years and it's a large retail chain, so that might work. I've been saving the text messages with my supervisor but I'll start documenting the conversations too. Did you end up having to appeal your case or did they approve you initially?

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ur gonna get denied 100% if u quit. twc doesnt care about kids or mental health stuff they only care if the company broke rules or didnt pay u. my cousin quit for childcare and got denied even tho she had nobody to watch her kid. system is rigged against parents imo

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That's really discouraging to hear :( I was hoping they might be more understanding with the mental health component too. Did your cousin try to appeal the decision?

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I work as an employment attorney in Texas and want to clarify some points here. While TWC generally doesn't consider childcare issues alone as good cause to quit, there are exceptions, especially post-pandemic. What may help your case: 1. Document how your employer refused reasonable accommodation 2. The hostile response from your supervisor 3. Your documented mental health conditions 4. Show that you attempted to resolve the issue before quitting Before quitting, I strongly recommend: - Formally request accommodation in writing for your mental health condition (this falls under ADA if diagnosed) - File for FMLA if eligible - Request the part-time schedule in writing, explaining the temporary childcare situation If you do quit, be very specific in your TWC application about how the employer's response created an impossible situation and exacerbated your documented health condition. The combination of factors might qualify as good cause, but it's never guaranteed.

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This is excellent advice. I wish I'd had this kind of guidance before my situation. The written requests part is SUPER important - verbal requests are too easy for employers to deny later.

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Amina Bah

Have you considered filing an EEOC complaint? Your employer sounds discriminatory. My brother-in-law faced similar treatment and filed with EEOC before resigning, which actually helped his unemployment case somehow. Just throwing out ideas!

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This is actually a good suggestion. If there's evidence of discrimination related to family responsibilities or mental health accommodation requests, an EEOC complaint could strengthen a subsequent unemployment claim. Document everything and be specific about dates, times, and exact statements made.

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I've been in a similar situation, and I know how impossible it feels. Here's what I've learned about TWC in this situation: First, technically quitting because of childcare usually results in denial HOWEVER they do consider if you made "reasonable efforts to preserve your employment." Try these things before quitting: 1. Put your part-time request in writing explaining it's temporary due to childcare emergency 2. If denied, request FMLA specifically for your mental health condition being exacerbated by the situation 3. If they refuse reasonable accommodation for your mental health, document this in detail If you still need to quit after trying these steps, when filing with TWC, frame it around the mental health accommodation refusal more than the childcare issue. I couldn't get through to TWC for weeks when filing my claim - it was incredibly frustrating. I finally used this service called Claimyr (claimyr.com) that got me connected to an actual TWC agent in about 20 minutes instead of waiting days. They have a demo video at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh that shows how it works. It really helped me explain my complicated situation directly to someone who could help.

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Thank you for such detailed advice! I'm definitely going to try putting everything in writing first. I've been keeping a journal of all the comments my supervisor makes but never thought to formally request accommodation. If I do end up having to file, that Claimyr service sounds helpful - the TWC phone lines are always jammed whenever I've called them for anything in the past.

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Just want to add my 2 cents - whatever you do, DON'T mention that you're looking for other jobs to your employer! My friend did that and they fired her for "disloyalty" or something stupid, which was actually better for her unemployment claim. But still, don't give them any ammunition against you.

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That's really good advice, thank you! I've been keeping my job search completely private. I'm worried they might cut my hours if they knew I was looking elsewhere.

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Didn't TWC update their policies about childcare hardships during COVID? Does anyone know if any of those changes are still in effect? I thought there were some permanent changes to how they handle these situations.

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Great question. Most COVID-specific provisions have expired, but TWC did retain some flexibility in how they evaluate work separations involving childcare. However, they still generally expect claimants to demonstrate that they attempted to resolve the situation before quitting. The temporary expanded provisions that automatically qualified childcare issues as good cause are no longer in effect.

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Have you talked to your husband about approaching his ex for documentation about the custody change? Having official paperwork showing this was sudden and unplanned might help your case if you do end up needing to file for unemployment.

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We're actually working on getting that documentation now. There was a modification to the custody agreement due to some issues with her mom's living situation. I hadn't thought about using that for unemployment purposes but that makes a lot of sense!

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why is no one talking about how messed up that supervisor's comment was??? saying she "doesn't care about your husband" is so unprofessional. honestly id report her to HR before doing anything else. might create a paper trail that helps ur case too

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You're right, it was incredibly unprofessional. We don't have a real HR department (small company) but her boss is somewhat more reasonable. Maybe I should talk to him first before making any decisions about leaving.

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