Back to Texas Unemployment

Nia Johnson

Can get unemployment if fired? What Texas TWC actually looks at

So I got let go from my warehouse job about two weeks ago and I'm honestly not sure if I'm even eligible for unemployment. My supervisor claimed it was for 'performance issues' but honestly I never got any written warnings and I showed up every single day. I've been reading stuff online and getting super confused about what Texas TWC actually looks at when you get fired. Some sites say you're automatically disqualified if you get fired, other sites say it depends on the reason. I went ahead and filed my claim but now I'm just sitting here wondering if I'm wasting my time. Does anyone know how TWC actually decides this? Like what's the difference between getting fired for misconduct vs just getting fired because they didn't like your numbers that month?

TWC doesn't automatically disqualify you just because you got fired. What they're actually looking at is whether the firing was for what they call misconduct. The way I understand it, misconduct is stuff like breaking company rules on purpose, doing something illegal on the job, completely neglecting your work, or consistently failing to do what you're capable of doing. Getting fired because your boss didn't think your numbers were good enough isn't the same as that. File your claim and let TWC make the determination based on what you and your employer both say.

0 coins

So they actually contact my employer too? I didn't realize it was a back and forth thing. My old supervisor has been pretty hostile so I'm worried about what they might say.

0 coins

yeah twc mails your last employer a notice and they have like 14 days to respond with their side of things. then TWC looks at both and makes a call. your employer saying something negative isn't automatically a disqualification, they'd need to actually show misconduct happened

0 coins

That makes sense, I'll just make sure I document everything I can remember about my employment there. I kept a few emails that show I was doing my job fine.

0 coins

The performance vs misconduct line is something a lot of people get confused about. Even if your numbers were below what your employer wanted, that's not the same as failing to do your work when you're capable of it. TWC looks at whether you intentionally neglected your duties or violated policy, not just whether the company was happy with your output. I'd file and let the process play out. The worst they can say is no and then you can appeal.

0 coins

this is right. i got fired from a call center job in early 2026 and was terrified TWC would just rubber stamp whatever my employer said but they actually looked at whether what I did counted as misconduct and approved my claim

0 coins

Knowing there's an appeal option makes me feel a bit better. I'll keep requesting payments while I wait like I read I'm supposed to do.

0 coins

Don't forget you should be doing your required work search activities every week too, even while the claim is pending. TWC mails you a letter with your specific number based on your county.

0 coins

Used claimyr.com to get through to a live TWC agent last month when my adjudication was dragging on forever and I needed to ask whether my employer had even responded yet. The agent told me my employer submitted their response late and that the review was almost done. Really cut down on the stress of not knowing. Here's a video that shows how it works: https://youtu.be/V-IMvH88P1U

0 coins

My claim just entered adjudication so this is actually really timely. I might use that if the waiting gets too bad.

0 coins

My sister used it when she got fired from a restaurant job and needed to ask TWC whether a performance improvement plan her employer mentioned counted as documentation of misconduct. The agent walked through her specific situation with her.

0 coins

going to bookmark that for when my own adjudication starts, been waiting forever just to hear something

0 coins

Something that might matter in your situation is whether you got any formal warnings or if there's written documentation of whatever they're calling the performance issue. TWC looks at what both sides say, so if your employer claims you were warned and you weren't, your own account of that matters. Keep any emails, texts or anything else that shows what actually happened on the job.

0 coins

I actually do have a few emails from my supervisor complimenting my work about two months before I got fired. That should help show there wasn't some ongoing documented issue right?

0 coins

That kind of thing can definitely support your side of the story. Just be ready to explain the full timeline clearly when TWC asks for information.

0 coins

the emails thing is smart. i wish i had saved more stuff when i got fired last year

0 coins

wait so if you get fired for performance do you definitely get approved? asking for myself cause i'm in a kinda similar situation and my company keeps calling everything a performance issue but it feels like they just wanted to cut headcount

0 coins

Not automatically approved, it depends on the specifics. The distinction is roughly whether you intentionally failed to do your job or if the company just had expectations you didn't meet. There's no guarantee either way but performance complaints alone don't equal misconduct in most cases.

0 coins

ok that makes more sense. so i should just file and see what they say

0 coins

definitely file, the worst case is a denial you can appeal within 14 days of when the determination letter is mailed to you

0 coins

Just went through this whole thing earlier this year. Got fired from a logistics company, they called it a performance issue but I never had a single write-up in two years. TWC sent both of us notices, my employer gave their response, and after about four weeks I got a determination letter saying I was eligible. The process felt slow but it worked the way it's supposed to.

0 coins

Four weeks is about what I've been told to expect. Did you just keep submitting your payment requests during that whole waiting period?

0 coins

Yes, every two weeks on schedule. That part is super important because TWC only pays weeks you actually requested on time. Don't wait for the determination to come through before you start requesting.

0 coins

the payment request timing thing trips so many people up. file them even before you hear anything back about eligibility

0 coins

my coworker told me if ur fired for ANY reason you can't get unemployment is that actually true?? i always thought that too

0 coins

That's actually a pretty common myth. Being fired doesn't automatically disqualify you. It depends on whether TWC determines the reason was misconduct or not. A layoff, a business cutting positions, or a firing that wasn't for misconduct can all lead to approved claims.

0 coins

oh wow okay i had no idea. my coworker was so confident about it too lol

0 coins

A lot of people assume that because getting fired sounds bad, but TWC treats it differently than quitting without a good reason. The analysis is about what actually happened, not just the label your employer puts on it.

0 coins

The thing that really matters is making sure you're registered on WorkInTexas.com before too much time passes. You need to have that registration in order to be eligible, and you also need to be doing the number of work search activities your county requires each week. TWC mails you a letter spelling out your specific number.

0 coins

I did set up my WorkInTexas.com account when I filed. Is there anything specific I need to do with it beyond registering?

0 coins

Keep your profile updated and log all your job applications and contacts. TWC can ask to see your work search log at any time so you want to have dates, company names and what kind of contact you made all written down.

0 coins

i learned that lesson the hard way. kept meaning to log everything and then when twc asked I scrambled to piece it together from my email history

0 coins

Had a question about the misconduct thing - does it matter if the reason they fired me was partly true? Like say I did make some mistakes but I also feel like they were looking for an excuse. Does TWC split the difference or is it all or nothing?

0 coins

TWC looks at whether what you actually did rises to the level of misconduct as they define it. Making mistakes generally isn't the same as intentionally neglecting your job or violating policy. Even if some of their complaints about you had a grain of truth, that doesn't automatically mean misconduct. It's more about intent and severity than whether anything went wrong.

0 coins

okay so it's not like they add up points against me and I lose if I hit a certain number

0 coins

Right, it's more of a qualitative judgment about whether the reason for firing was actually misconduct, not a scorecard. Just give TWC your honest account of what happened.

0 coins

Does the work search requirement start right away? I filed two days ago and I'm not sure if I need to have already started logging activities or if the clock starts when my claim is officially approved.

0 coins

Work search requirements start from the week you file, not when you get approved. You need to be doing the required activities every week your claim is active, including while you're waiting for a determination. Don't wait to start logging.

0 coins

ugh okay glad I asked before I just sat around waiting. starting today

0 coins

The letter TWC mails you will confirm your specific number. If you're in Harris, Dallas, Tarrant, Bexar or Travis county it's five activities a week. Other counties vary so check your letter when it comes.

0 coins

going through adjudication right now after getting fired for supposedly breaking a company policy. the problem is the policy they cited isn't even written down anywhere i can find. does that matter to TWC?

0 coins

That could definitely be relevant. If your employer claims you violated a policy but can't point to written documentation of it, that's something TWC would take into account. Make sure you tell TWC in your own account that the policy wasn't formally documented.

0 coins

i have my employee handbook from when i started and the thing they cited isn't in there at all. should I mention the handbook specifically?

0 coins

Bring that up when TWC contacts you for your side of things. Concrete details like that are exactly the kind of thing that helps your account. If the handbook is a document you have, keep it somewhere you can reference it.

0 coins

My claim got denied after I was fired and I want to understand the appeal process better. Someone earlier mentioned 14 days - is that 14 days from when the letter arrives or when it was sent?

0 coins

It's 14 calendar days from the date the determination was mailed, which is printed right at the top of the letter, not from when you receive it. So open it immediately and don't wait. You appeal in writing through UBS online, in person at a Workforce Solutions office, or by mail or fax.

0 coins

The date on mine is from two weeks ago and I just got it today because I was out of town. Am I already past the deadline?

0 coins

If the mailing date plus 14 days has passed you're in a tough spot but it's worth contacting TWC directly to ask. Some circumstances may affect what options you have. Don't just assume it's over without asking.

0 coins

that's such a frustrating design. the clock runs from when they mail it not when you actually get it

0 coins

Does getting fired for performance affect how much you get paid weekly if you do end up qualifying? Like is the weekly amount lower for people who were fired vs people who were laid off?

0 coins

The weekly benefit amount has nothing to do with how you separated from your employer. It's calculated from your earnings during your base period, specifically the highest earning quarter divided by 25, up to a maximum. The reason for separation affects whether you're eligible, not how much you receive.

0 coins

oh that's a relief, i was worried being fired would somehow reduce my check amount

0 coins

The only thing that affects the weekly amount is your past wages. Fired, laid off, or anything else, the formula is the same if you're approved.

0 coins

For anyone dealing with adjudication after a firing, one thing worth knowing is that TWC mails separate determinations for each issue on your claim. So you might get one letter about your work search requirements and a separate one about your job separation. Getting one that says it can pay you doesn't mean you're fully approved if there's another issue still being reviewed.

0 coins

I hadn't realized they could send multiple letters for different issues. So I need to read every single letter they send carefully and not just assume one good letter means everything is fine.

0 coins

Exactly. Each determination stands on its own. One determination that says it cannot pay you is enough to stop benefits even if other determinations came back in your favor.

0 coins

this tripped up my neighbor who thought he was good after getting one approval letter and then a second letter came saying he had a work search issue that blocked payment

0 coins

I ended up calling TWC about my fired claim and the agent told me my employer claimed I violated a safety rule. I genuinely don't remember any safety incident so now I'm panicking. What do I do?

0 coins

Give TWC your account of things honestly and completely. If there was no safety incident from your perspective, say that clearly when TWC asks for your statement. If you have anything from your time working there that speaks to your safety record, like training completions or anything showing normal operations, that's worth mentioning.

0 coins

I used claimyr.com to get through to that agent because I'd been trying to reach TWC for three days with no luck. Worth it just to find out what the actual issue was so I could respond to it properly.

0 coins

How did you know what to say when the agent answered? I'm always worried I'll forget something important on a stressful call like that.

0 coins

I wrote down everything I wanted to ask before the call. Having it on paper in front of me made a huge difference. The agent was actually pretty thorough once I got through.

0 coins

My old roommate went through a firing situation and he said TWC asked him to submit a written statement with his version of events. Is that standard or does it depend on the type of claim?

0 coins

TWC typically reaches out to get information from both sides during the adjudication process. It might be a written questionnaire, a request to log in and answer questions through UBS, or a phone call depending on the situation. If they contact you, respond promptly because delays can slow everything down.

0 coins

He waited like a week to respond to theirs and it caused a bunch of delays. Good thing he eventually got it sorted out.

0 coins

responding fast is so important. i made the mistake of letting a TWC notice sit for a few days once and it pushed everything back significantly

0 coins

Can you even file unemployment if you just got hired somewhere new but the new job hasn't started yet? Like I got fired from job A, have an offer for job B starting in three weeks, do I bother filing?

0 coins

You can still file for the weeks between jobs as long as you're otherwise eligible. Once you start the new job you'd stop being eligible but those in-between weeks may be payable. File as soon as you're unemployed, not right before the new job starts.

0 coins

so it might only be a few weeks of payments but it's still worth doing?

0 coins

Definitely worth filing. Even a couple of weeks of benefits is money you're entitled to if you qualify. The claim starts the Sunday of the week you file so don't wait.

0 coins

Something I want to flag for people filing after a firing - the first payable week is actually held as a waiting week. TWC holds it until you've been paid two times your weekly amount AND you either go back to full-time work or use up your benefits. It never disappears, it just comes later. Don't panic when that first week doesn't show as paid right away.

0 coins

Wait, so that first week just sits there until the end? That seems like a long time to wait for it.

0 coins

It pays out when you return to full-time work, at which point you'd go into UBS to request it, or when you've exhausted your benefits. The good news is it doesn't disappear, just holds.

0 coins

i thought the waiting week was just the first week where nothing happens and you don't get paid for it at all. good to know it comes back eventually

0 coins

My determination came back and I was actually approved after being fired for performance reasons. It took about four and a half weeks from the time I filed. For anyone reading this thread who's in the middle of waiting, it does work out sometimes. Keep doing your payment requests and work search activities the whole time.

0 coins

This is genuinely good to hear after all the stress of the past few weeks. I'm still in adjudication but seeing someone come out the other side approved helps.

0 coins

Just make sure you used claimyr.com or tried early morning calls if you ever need to reach TWC directly. I had to reach them once during my claim and the hold times were brutal otherwise.

0 coins

Congrats on the approval. The process is frustrating but it does move forward eventually.

0 coins

This is the kind of update threads need. Good for you for staying on top of the payment requests the whole time.

0 coins

Related posts

Texas Unemployment AI

Expert Assistant
Secure