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Liam Duke

Can u draw unemployment if fired? Texas TWC rules explained

Got let go from my warehouse job last week and honestly still in shock. My supervisor called me in and said they were terminating me for "not meeting productivity standards" but I never got a written warning or anything, just one verbal conversation two months ago. Been there almost four years. HR gave me a packet with COBRA info and that was pretty much it. So my question is can u draw unemployment if fired or does getting fired automatically mean you don't qualify? A coworker said I definitely won't get benefits because I was terminated but that doesn't sound right to me. I went ahead and filed on UBS already because I didn't want to lose time waiting around, but now I'm spiraling a bit wondering if I even had a reason to. Anyone dealt with a termination claim through Texas TWC? What actually happens after you apply?

Being fired does not automatically cut you off from benefits. What Texas TWC looks at is the reason behind the termination. If the reason was something like misconduct — breaking a company rule, neglecting your duties, that kind of thing — that's when they can deny you. But getting let go because you weren't hitting productivity numbers, with no real documentation trail? That's a different situation. File and let TWC sort it out.

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Liam Duke

Author

That's a relief to hear. The 'productivity standards' thing felt vague to me too, like they never really defined what I was supposed to hit.

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Exactly this. TWC asks both sides — what the employer says and what you say. Document everything you remember about that one verbal conversation and when it happened.

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my old job fired me for "attendance" and i got approved so yeah it's not automatic denial just because you got fired

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Your coworker's wrong, and it's a really common misconception. Misconduct under TWC's definition is pretty specific stuff — violating company policy, breaking the law, flat-out refusing to do your job when you clearly could. Vague performance complaints without documentation don't usually clear that bar. File your payment requests on time every two weeks no matter what, even if your claim is still pending a decision. Missing a payment request window is one of the fastest ways to lose weeks you'd otherwise get paid for.

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Liam Duke

Author

Wait, I already applied but haven't done a payment request yet. The letter I got in the mail says a date to start requesting — should I really just do it even though nothing is decided yet?

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Yes, absolutely request on the date they give you. The payment request and the eligibility decision are separate tracks. TWC tells you to keep requesting regardless.

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This tripped me up on my claim too. I waited thinking I had to get approved first and missed two weeks. Don't make that mistake.

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My termination claim went into adjudication for about five weeks because my former employer disputed it. Getting through to anyone at TWC on the phone felt impossible — kept hitting the same recorded message and getting disconnected. Used Claimyr (claimyr.com) to get through to a live agent. There's a demo at https://youtu.be/V-IMvH88P1U if you want to see how it works. The agent I reached confirmed my adjudication was still open and told me what documentation they were waiting on from my employer. Way more useful than staring at the UBS status screen.

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Liam Duke

Author

Five weeks in adjudication sounds awful. Did they tell you what triggered it — was it just the employer disputing or something else?

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The agent said my employer submitted a response saying it was for misconduct, so TWC had to review both sides before making a determination. Knowing that actually helped me prepare a written statement.

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My claim is currently in adjudication after a firing too, been three weeks. Going to try that service to see what stage mine is at.

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Adjudication just means they're still investigating, right? Like it's not the same as being denied?

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Adjudication and a denial are totally different things. Adjudication is the investigation stage where TWC is gathering information from both you and your employer before making any decision. A denial is a determination that comes after that review. You can still be fully approved after going through adjudication — plenty of people are. If you do get a denial, you have 14 days from the date printed at the top of that determination letter to file an appeal in writing.

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Oh okay that makes more sense. So adjudication isn't bad news by itself, it just means they haven't decided yet.

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Liam Duke

Author

Good to know the appeal option exists too. 14 days feels short though — does the clock start from when you get the letter or when they mail it?

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From when it's mailed — the date printed on the letter, not when it shows up in your mailbox. That's why checking UBS daily matters so you don't lose track.

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I almost missed my appeal window because of this exact thing. Mailed date, not received date. Keep checking UBS and your physical mail every day.

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Misconduct is the key word in all of this. TWC's idea of misconduct isn't just 'the employer was unhappy with you.' It's things like getting caught stealing, repeatedly ignoring direct instructions, violating written policy. Saying someone didn't meet a productivity standard without written warnings and documented steps — that's a much harder case for the employer to make. Your situation, four years at a job with no written discipline, sounds more like a performance issue than misconduct.

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Liam Duke

Author

That's how I saw it too. I was never handed anything to sign, no PIP, nothing formal.

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I work adjacent to HR and the documentation thing really does matter. An employer saying 'performance' without any paper trail is a weak basis for a misconduct claim.

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Exactly. And TWC sends the employer a notice asking them to explain the reason for separation. If they say misconduct they have to back that up with something.

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Something I wish someone had told me when my claim started — after you file, TWC mails your last employer a notice, and they have 14 days to respond. The whole process can run about four weeks before a decision comes through. During that entire time, keep doing your work search activities every week and logging them. TWC mails you a letter with how many activities your county requires. For most people it's somewhere between one and five per week depending on where you live.

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Liam Duke

Author

I haven't gotten that work search letter yet — should I just start doing activities anyway to be safe?

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Definitely start. The requirement kicks in right away and TWC can ask for your log at any time. Better to have entries you don't need than to be missing ones they ask for.

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Harris, Dallas, Travis, Bexar and Tarrant counties all require five activities a week. Everywhere else is fewer but check your letter when it comes since that's what's official for your situation.

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The base period question matters too if you're wondering how much you'd actually get. TWC looks at your earnings across roughly the first four of the last five completed calendar quarters before your claim date. Your weekly amount comes out to about one twenty-fifth of whatever your highest quarter was, capped at $619 a week. Four years at the same job usually means consistent wages in multiple quarters, so that part probably works in your favor.

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Liam Duke

Author

Okay so my weekly amount would be based on my actual wages, not some flat rate. That's good to know.

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Right. If you log into UBS after a few days you should be able to see your monetary determination which shows the base period wages TWC has on file and what your weekly amount would be.

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Don't forget the maximum benefit amount caps out at the lower of 26 times your weekly benefit or 27 percent of all your base period wages. Most people hit the 26-week version but it's worth knowing there's a second cap.

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FOUR YEARS and one verbal conversation and they call it misconduct enough to fire you?? This is exactly why I have no faith in how employers use that word. They count on people not knowing their rights and just accepting the denial if it comes. Fight it if you have to. The appeal process exists for a reason.

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Liam Duke

Author

Yeah it felt blindsiding. I really wasn't expecting it.

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Document every single thing you remember. Dates, what was said, who was in the room. You'll want all of it if this goes to a hearing.

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The appeal hearing is a phone call with a Hearing Officer who goes through the evidence. No lawyer required. Just have your facts organized and your documentation ready.

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Registered on WorkInTexas.com yet? That's a required step — you have to register there and it's tied to the same login as UBS. If you skip it your claim can get flagged. It's not optional even if you're already actively looking for work on your own.

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Liam Duke

Author

I had no idea about that requirement. Going to do it right now.

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Good. UBS and WorkInTexas.com use the same User ID and password, so once you're set up in one you're set up in both basically.

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Also each time you log in to UBS you need a one-time code, just so you're not caught off guard by that. It's part of their verification process.

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My firing claim got approved after adjudication — employer said it was for performance, TWC reviewed it and found in my favor. The first actual payment takes about four weeks to come through after you apply and usually only covers one week at first. After that, with direct deposit, money usually shows up within two business days of each payment request being processed.

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Liam Duke

Author

Knowing someone got approved in a similar situation helps a lot. Did you do anything specific that you think helped your case?

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Mostly I just answered TWC's questions honestly and in detail when they reached out. And I kept requesting payments on schedule even when I had no idea what was happening with the decision.

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Two business days after processing is accurate for direct deposit. I'd recommend signing up for direct deposit in UBS instead of waiting for the debit card to arrive.

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Quick correction on something I saw upthread — someone mentioned the employer has to prove misconduct to deny you. That's not quite how it works. TWC collects information from both sides and makes its own determination. It's not like a legal proceeding where one party carries a formal burden of proof. Both your account and the employer's account matter.

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This is accurate. TWC isn't a court. They're making an administrative decision based on what both parties tell them.

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Right, which is why giving TWC a thorough, honest account of what happened matters just as much as what the employer submits.

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Liam Duke

Author

That makes sense. I'll make sure I respond to anything TWC sends me as fully as I can.

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Waiting week thing is worth explaining since it confuses a lot of people. TWC holds your first payable week. You don't lose it — it gets paid out after you've received benefits totaling at least twice your weekly amount AND either go back to full-time work or use up your benefits. If you go back to work you have to request it specifically through UBS or Tele-Serv. Both things have to happen, not just one of them.

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Liam Duke

Author

So I'll eventually get that first week paid, it's just held until those conditions are met?

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Exactly. It's not gone, just delayed. And it's not released automatically if you return to work — you have to trigger it yourself.

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Tele-Serv is 800-558-8321 for anyone who wants to do it by phone. Option 2 then Option 4 to request the waiting week after returning to full-time work.

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My cousin went through a termination claim last year. His employer submitted a response calling it misconduct, it went to adjudication, and TWC came back with an approval about six weeks later. He said the hardest part was just waiting and not knowing. Keep checking UBS once a day — they update overnight so checking multiple times in the same day doesn't tell you anything new.

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Liam Duke

Author

Once a day, got it. I've been refreshing it like every hour which is probably pointless.

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Completely pointless unfortunately, but everyone does it. Set a time each morning and check then, otherwise you'll drive yourself crazy.

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Used claimyr.com last month when my own termination claim was stuck. Needed to ask an agent whether a written statement I submitted had actually been received by TWC or if it got lost. The agent confirmed it was in the system and told me my adjudication was in its final review stage. Saved me weeks of wondering.

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That's exactly what I'd want to know about my claim. Going to try it today.

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Liam Duke

Author

Did you have to do anything besides just getting connected to the agent, or did they handle everything in that one call?

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One call was enough for what I needed. I had my Social Security number and claim info ready and the agent pulled everything up quickly.

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Something about severance if that applies — if your employer gave you any kind of severance pay, report it when you apply or by calling TWC. Some types of severance can pause your benefits while you're receiving it. TWC mails you a determination on how yours is treated. Same goes for any wages paid in lieu of notice — those also affect things. Don't skip reporting it thinking it won't matter.

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Liam Duke

Author

No severance in my case, they just handed me the COBRA packet and that was it.

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Then that's one less complication for your claim. The COBRA stuff doesn't affect your UI eligibility at all, it's just your health insurance option.

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What happens if TWC denies you? Like is it over at that point or is there actually a real path to fight it?

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Filing an appeal is very much a real option. You write it up and submit within 14 days of the mailed date on the determination. Online through UBS, in person at a Workforce Solutions office, or by mail or fax. Can't do it by phone or email though. First level is a telephone hearing with a Hearing Officer.

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The hearing packet usually comes six to eight weeks before the hearing date and they mail it five to ten days before it happens. Register your phone number 15 to 60 minutes before call time.

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So you can appeal without a lawyer and do the whole thing by phone? That's more accessible than I expected.

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No lawyer needed at all. Just your documentation and your account of what happened. The Hearing Officer reviews the evidence from both sides.

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Benefits are taxable income at the federal level — worth knowing before the end of the year. TWC mails a Form 1099-G every January and it's also accessible in UBS under IRS Tax Information. You can opt in to have 10 percent withheld automatically if you'd rather not deal with it at tax time.

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Liam Duke

Author

Good to know ahead of time. I'll probably set up the withholding.

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You can set that up in UBS. Better to do it early than get a surprise when you file.

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My adjudication wrapped up and I was approved last week — employer said misconduct, TWC disagreed. For the original poster, stay consistent in how you describe what happened. If you talked to TWC or submitted anything in writing, whatever you said then should match what you say going forward.

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Liam Duke

Author

Consistency makes sense. I've been pretty clear in my own head about what happened, so I'll just stick to the facts.

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That's really all it takes. Stick to the factual sequence of events and don't embellish. TWC just wants to understand what actually happened.

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Used claimyr.com when I needed to report a small amount of gig work I forgot to include on a payment request and was worried about an overpayment issue. The agent walked me through how to handle the correction. Really glad I called instead of just hoping it would go unnoticed — unreported earnings can turn into a fraud issue if TWC catches it and thinks you hid it on purpose.

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Liam Duke

Author

That's a good reminder. I do some occasional odd jobs and I wasn't sure if I had to report those.

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All work counts — side jobs, gig work, anything. Report the gross amount for the week you did the work, even if you haven't been paid yet. Self-employed report net profit. Don't skip it.

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The earnings reporting rule is you can earn up to 25 percent of your weekly benefit amount without any reduction. Above that it starts reducing your payment for that week. Worth running the math so you know your personal threshold.

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For anyone coming to this thread later with the same question — a termination is not an automatic bar to Texas TWC unemployment. The question is always whether the reason for the firing was misconduct as TWC defines it. Apply quickly, keep your payment requests on schedule, do your work search activities, and respond to anything TWC sends you. Those four things cover most of what you can control in this process.

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Liam Duke

Author

This is basically the summary I needed. Applied, doing payment requests, starting work search log, will respond to any TWC notices. Feels manageable now.

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That's exactly the right mindset. The waiting is the hard part but you've done everything you can do on your end.

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And if a denial comes, appeal it. Many termination denials get reversed at the hearing level.

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