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Khalid Howes

Can I still get unemployment if I was fired? Texas TWC rules explained

Got let go from my warehouse job about two weeks ago and I'm trying to figure out where I stand. My supervisor said I was fired for 'performance issues' but honestly the expectations kept changing and I could never get a clear answer on what I was actually doing wrong. No written warnings, no PIP, nothing documented from their side. So my question is whether getting fired automatically disqualifies you from Texas TWC unemployment or if it depends on the reason. I filed my claim already and I'm waiting to hear back but I'm really anxious about this. My determination letter hasn't shown up yet and I have no idea what TWC is going to say about how I lost the job. Anyone been through something like this where the reason for being fired was vague? Did TWC ask you a lot of questions about it? I'm trying to understand what 'misconduct' even means in TWC's eyes because I keep seeing that word come up everywhere.

Being fired doesn't automatically disqualify you from unemployment benefits in Texas. What TWC looks at is whether you were fired for misconduct, and misconduct has a specific meaning in their system. Things like breaking company policy, breaking the law, or consistently failing to do the work when you're physically capable of doing it — that's what they're looking at. Just not meeting a performance target that keeps shifting isn't automatically misconduct. TWC collects info from both you and your former employer, then makes a call based on what both sides say.

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That actually makes me feel a little better. My whole thing is that the bar kept moving — quota one month, different quota the next. Never any formal write-ups either.

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TWC sent me a questionnaire after I filed that asked specifically about why I was separated. Very detailed questions about dates, what was said, any documentation. Keep anything you have from that job.

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Questionnaire makes sense. I still have my onboarding paperwork and some emails where my manager contradicted himself on expectations. Saving all of it just in case.

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Claimyr got me through to a live TWC agent last week — I needed to ask about my separation determination because the online status wasn't telling me anything. The agent confirmed my claim was still being reviewed and told me what documentation they'd actually need from me. You set it up at claimyr.com and there's a demo video at https://youtu.be/V-IMvH88P1U if you want to see how it works before trying it.

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My online status has been sitting at the same message since I filed so getting to an actual person would help a lot. Might try this.

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My situation is a little different — dealing with an overpayment question — but I'm going to look into it too.

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Does it work if you're calling about a specific determination letter, not just general status? Trying to reach someone about mine.

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That's exactly why I used it — it was about a determination on my claim, not just a general status check. The agent pulled up my file and went through it with me.

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Misconduct is the keyword here and people get it wrong all the time. It's NOT just being bad at your job. TWC is looking at stuff like did you violate a known policy, did you do something illegal, did you just flat out refuse to do the work even though you could. Pure performance stuff — especially when the standards aren't clearly set — doesn't automatically land in that bucket.

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This is a point I wish someone had told me before I filed. I panicked assuming fired meant disqualified and didn't even bother appealing when I should have.

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Okay so the vagueness of the performance standard might actually matter here. Good to know that detail isn't irrelevant.

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Worth knowing TWC also sends a notice to your former employer giving them 14 days to respond with their side. So whatever the employer says matters too — not just what you tell TWC.

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Just keep making your payment requests on time no matter what. While TWC is figuring out your eligibility, you still have to request payment every two weeks through UBS or by calling Tele-Serv. If you don't do it, those weeks are gone. Don't wait for the determination to come back before you start requesting.

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Wait — so I should be requesting payment even before I know if I'm approved? I had no idea that's how it worked.

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Yes exactly. The way TWC works is you request on schedule and if they later determine you're eligible, they pay the weeks you requested on time. Miss those request windows and they won't go back and pay those weeks.

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This tripped so many people up. The request schedule starts about one to two weeks after you apply — the exact date gets mailed to you in a letter called something like Instructions for Requesting Benefit Payments.

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My firing was listed as 'failure to meet performance standards' and TWC approved my claim. The employer responded to their questionnaire and I responded with my side. At the end of four weeks or so I got the determination saying I was eligible. The job separation thing is never guaranteed but it's definitely not automatic disqualification.

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Four weeks is about what I'm bracing for. At least hearing it played out okay for someone else with a similar reason helps.

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About four weeks is pretty typical from what I've seen on here. Sometimes a little longer depending on how complicated the job separation question is.

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I'll stay patient then. Already submitted my request log and saving all my work search activities too.

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Work search requirements start right away by the way. TWC mails you a letter that tells you exactly how many activities per week you need to log — that number depends on what county you're in. Keep a written log because TWC can ask to see it at any time.

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Already got that letter. I'm in Harris County so mine is 5 per week. Keeping a spreadsheet.

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5 activities a week in Harris County is correct. And just to be clear — activities include things like submitting applications, employer contacts, that kind of thing. The letter explains what counts.

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Also make sure your WorkInTexas.com profile is set up and active. That's part of the registration requirement and TWC checks it.

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The thing that stressed me out when I was fired was not knowing what my employer was going to say. TWC hears from both sides and you have no control over what the employer puts in their response. All you can do is be thorough and honest in your own answers to whatever questionnaire TWC sends you.

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That's genuinely the part stressing me out most right now. I have no idea what my supervisor is going to claim.

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Document everything you remember while it's fresh — specific dates, what was said, any emails. If it goes to appeal later, that stuff matters a lot.

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Appeal is the word for the second stage, by the way, not adjudication. Adjudication is what's happening right now — that's just TWC reviewing your claim. Appeal is if you disagree with the determination they send you.

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okay so what exactly IS misconduct then bc every answer I see is different. Like one person says poor performance never counts and another says it always counts as misconduct. Which is it

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Neither absolute is right. Performance alone doesn't automatically become misconduct, but if someone is capable of doing the job and just refuses to or keeps messing up on purpose, that could cross into misconduct territory. The line is roughly whether you were trying but falling short versus not trying at all or breaking a known rule.

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And the first person who said poor performance 'never counts' as misconduct — that's not exactly right either. TWC lists failing to do the work adequately when you're capable of it as one of their examples of misconduct. The key word is capable. Consistently underperforming when nothing is stopping you could factor in. That said there's a lot of gray area and TWC looks at the full picture.

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okay that makes more sense. so it really just depends on the specifics of what happened

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My brother got fired from a restaurant job last spring for 'insubordination' and TWC approved his claim. His employer said one thing and he explained his side and TWC sided with him. It really does come down to the actual facts of what happened.

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That's encouraging honestly. I think if TWC hears my side and looks at the lack of documentation from the employer it'll go okay.

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He made sure to explain clearly on his questionnaire exactly what happened, with dates and specifics. Kept it factual and didn't editorialize too much.

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Filing as soon as possible after the last day is important too. TWC can't pay weeks before the Sunday of the week you applied, so delaying the application costs you money. Sounds like you already filed, which is good. Just keep that payment request schedule.

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Filed the same week I got let go, so at least that part's done. The payment request schedule is clearer to me now after reading this thread.

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Claims start on the Sunday of whatever week you applied — that detail matters a lot for anyone still in the application window.

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I want to flag one thing about the determination letters. TWC sends a separate letter for each issue it looks at. So if there's a job separation question AND a work search question they evaluate separately, you can get more than one letter. If any letter comes back saying 'cannot pay' it blocks benefits even if another one says 'can pay.' Read every single letter carefully.

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I did not know they send multiple separate letters. I'll watch the mail carefully. What do I do if one comes back as cannot pay?

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You have 14 calendar days from the mailed date on that determination to appeal it. You can do that through UBS online. Missing that window is a big deal so watch the date printed at the top of the letter, not the date you receive it.

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The 14 days runs from when it was mailed, not when you got it. If the mail is slow that can eat into your window so check UBS regularly so you're not caught off guard.

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got fired last year and my determination came back eligible. now i have a new job and lost that one too so im back on here filing again. just wanted to say the first time around it worked out even though the firing felt hopeless at the time

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Really glad to hear that. The 'hopeless' feeling is exactly where I am right now.

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it really does take like 4 weeks of just waiting with nothing happening. then everything moves fast once it starts

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While you're waiting, definitely get your WorkInTexas.com registration sorted if you haven't. That's not optional — it's part of the requirements to stay eligible. And log your work search activities starting from the first week, not from whenever you get approved.

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Already registered on WorkInTexas.com. Got that done when I applied. Logging activities weekly in a spreadsheet now.

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The spreadsheet approach is solid. Some people use a notes app, some use a physical calendar. As long as it has dates, employer names, what you did and how you contacted them, you should be fine if TWC asks.

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Claimyr also worked for me when I was dealing with an adjudication that dragged past five weeks. Used claimyr.com to get through to an agent and they told me exactly what was holding things up — turned out there was a small discrepancy in my wages that my employer had reported differently. Knowing that let me actually fix it instead of just waiting.

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That's exactly the kind of info I'd want to know instead of just sitting in limbo. If my status hasn't changed by next week I think I'm going to try it.

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Wage discrepancies are more common than people think. Former employer sometimes reports different quarterly wages than what you remember and TWC has to reconcile that before they can calculate your weekly amount.

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Weekly benefit amount in Texas is calculated from your highest earning quarter in the base period divided by 25. Max is $619 per week for claims from October 2026. So if your highest quarter was like $14,000 that'd be $560 a week. Worth knowing what ballpark to expect.

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I hadn't even tried to calculate it yet. Good to have a formula to work from.

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The base period is the first four of the last five completed calendar quarters before you filed. So if you filed in late 2026, they're looking at your wages from roughly July 2025 through June 2026.

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Makes sense. I worked the whole year at this job so my wages should be there. The salary was consistent so I can estimate it pretty easily.

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Something worth getting straight: adjudication just means TWC is reviewing your claim. It's not a problem or a red flag on its own. Almost every claim goes through some kind of review when there's a job separation involved. It's the normal process, not a signal that something is wrong.

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Every time I see that word I feel my stomach drop. Good to hear it's just standard procedure for a firing situation.

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The adjudication just means they haven't made a decision yet. It's the waiting period. The actual decision comes in the determination letter.

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i thought adjudication meant it was under appeal lol. had no idea it was just the review stage

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TWC pays benefits to a U.S. Bank ReliaCard by default unless you set up direct deposit. The card takes up to 10 business days to arrive after the first payment processes. After that, once a payment request goes through, the money usually shows up within two business days. Set up direct deposit in UBS if you'd rather it go straight to your bank account.

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Had no idea about the ReliaCard. I'll set up direct deposit as soon as my claim is active.

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Direct deposit setup is under the payment options in UBS. Takes about two minutes once you're logged in.

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Claimyr worked well for me when I had a question about my appeal timeline — needed to know if the hearing packet had been mailed yet. Used claimyr.com and got through to someone in about an hour. Agent checked and confirmed it was on its way.

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An hour to get through sounds way better than what I've been dealing with trying to call directly.

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The hold time calling TWC direct is brutal. This was just a much cleaner process for a specific question I needed answered.

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If your determination comes back as disqualified for the job separation, you have two options. Appeal within 14 days of the mailed date — that gets you a phone hearing with a hearing officer where you present your side. Or, if you go get another job, work enough weeks and earn enough, then lose that job through no fault of your own, that resets the disqualification. The appeal route is faster if you think TWC got it wrong.

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How specific is 'work enough weeks and earn enough' exactly? Just curious what that threshold looks like.

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You'd need to work at least 30 hours a week for six weeks or earn six times your weekly benefit amount in that job, then lose it without fault. And then you'd file a new claim on that job. It's essentially starting over but it does work.

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Good to know there's a path even if the first determination goes badly. Hoping it doesn't come to that but at least there's something.

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Last thing to know: taxes. Unemployment benefits count as federal taxable income. TWC mails you a 1099-G every January and you can opt in to have 10 percent withheld automatically in UBS if you don't want a surprise tax bill. Worth setting that up once you're approved.

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10 percent withholding option is smart. I'll set that up. Thanks for thinking ahead to that — I definitely wasn't.

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Texas has no state income tax so at least that's one less thing to worry about on the state side. Federal is what matters.

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