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Eloise Kendrick

Can u get unemployment if you get fired from your job in Texas TWC?

So I got let go from my warehouse job last week and I'm trying to figure out where I even stand. My supervisor called me in and said they were terminating me for 'performance issues' but honestly the whole situation felt really unfair - I was hitting my numbers every shift and never got a formal written warning before this. I've been there almost four years. I filed my Texas TWC unemployment claim on Monday and now I'm just sitting here wondering if being fired automatically disqualifies me or if there's still a shot at getting benefits. The UBS portal just shows my claim is processing and I haven't gotten any determination letters yet. Anyone been through this kind of situation? I don't even know what adjudication means or if that's going to come up for me.

Does being fired always mean you get denied? I got fired two years ago and just assumed I couldn't get anything so I never even applied. Kinda kicking myself now.

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Not automatically, no. Whether you can collect basically depends on WHY you got fired. TWC looks at whether the firing was for misconduct or just because things weren't working out.

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Yeah I made the same mistake, assumed fired meant no benefits. Ended up missing out on weeks I probably qualified for. Always worth applying.

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This is exactly what I didn't know either. So the reason matters more than the fact that I got fired?

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My sister needed to sort out a firing situation with TWC earlier this year and kept hitting a wall trying to get through on the phone. She ended up using Claimyr at claimyr.com - what it does is wait on hold with TWC for you, then connects you when an actual agent picks up. She used it to ask whether her situation counted as misconduct and the agent walked her through what her employer would need to report. There's a demo video at https://youtu.be/V-IMvH88P1U if you want to see how it works before trying it. Really helped her get a clear answer instead of just waiting and guessing.

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My whole issue is I can never get through to actually talk to someone. Does that service work for the regular TWC Tele-Center number?

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Got a question - my firing involved a PIP that I didn't complete. Would the agent be able to tell me if that's the kind of thing TWC classifies as misconduct?

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The agent my sister spoke to was pretty specific about what factors matter. For the PIP thing, it's worth calling to explain the full situation since those cases can go different ways.

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TWC's whole framework on this comes down to one word: misconduct. If your employer can show you did something that counts as misconduct in their eyes AND under TWC's definition, that's when you get disqualified. But if you just weren't a great fit or your numbers were borderline, that's not the same thing. Things TWC considers actual misconduct are like breaking company policy, breaking the law on the job, seriously neglecting your duties, or consistently failing to do work you were capable of doing. 'Performance issues' as a vague label doesn't automatically fall into any of those buckets.

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So vague wording from my employer might actually work in my favor? They never gave me any written warning or documentation before this.

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Lack of documentation doesn't automatically mean you win the case but it's definitely relevant. When TWC reaches out to your employer for their side of the story, what they can and can't back up with records matters a lot.

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Exactly. TWC sends a notice to your last employer and they have about two weeks to respond with their account of what happened. Then TWC weighs both sides before sending you a determination letter.

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FOUR YEARS at a company and not a single written warning and they fire you for performance?? That is infuriating. I dealt with something similar and TWC actually approved me. The employer said misconduct and TWC came back and said the evidence didn't support that conclusion. Document EVERYTHING you remember right now while it's fresh - dates, what your supervisor said, your actual numbers, anything.

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Already writing everything down. I saved some emails and kept a couple shift reports too which hopefully helps.

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Good instinct. If this goes to an appeal hearing at any point, that kind of documentation becomes really important. The hearing is by phone and you present your side to a Hearing Officer.

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Appeal hearings feel scary but honestly it's just you explaining what happened. No lawyer required. And you keep requesting your payment every two weeks the whole time you're waiting, don't stop.

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Okay wait, I'm confused about something. The original poster said adjudication - does that mean the same thing as an appeal? Like are those the same process or different?

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Different things actually. Adjudication is when TWC is still deciding your initial eligibility, usually because there's something to sort out like the reason for separation. An appeal comes after they've sent you a determination and you disagree with it. You have 14 calendar days from the date on the letter to appeal if that happens.

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Oh okay so adjudication is like... before the decision, and appeal is after. Got it, thanks for clearing that up.

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Made that exact same mix-up when I first filed. The terminology is really confusing when you're new to all this.

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While you're waiting on the determination, don't forget you still need to be doing your required work search activities every week and logging them. TWC mails you a letter with your specific number based on your county - in some counties it's just one or two activities a week, in others like Harris or Dallas it's five. Keep records of everything you apply to.

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Already registered on WorkInTexas.com. Is that the same as doing the work search or do I still need to apply to separate jobs?

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Registering on WorkInTexas.com is required but it's separate from the actual weekly activities. You need to do the number of job contacts your letter specifies and log each one. The registration is a one-time setup thing.

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Also worth knowing - even if your claim is in adjudication, you should still be putting in your payment requests every two weeks on schedule. Missing one doesn't mean you lose it forever but it creates extra hassle.

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The waiting is genuinely the hardest part. After you apply it usually takes around four weeks before the first determination comes through. And if they do approve you that first payment generally only covers one week because of how the waiting week works with Texas TWC.

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Why does the first payment only cover one week? That seems like a lot of lost money.

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There's something called a waiting week where TWC holds your first payable week. You eventually get it back but only after you've been paid twice your weekly amount AND either go back to full-time work or use up all your benefits. It's not gone, just held.

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The waiting week thing threw me off when I filed last year. I thought my payment was wrong but it's just how the system is set up.

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My firing situation got approved and here's basically how it went: employer said I violated company policy, I told TWC the actual full context, and TWC decided the evidence didn't meet the bar for misconduct. The whole process from application to determination took about five weeks for me. Stressful but it worked out.

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Five weeks is so long when you have bills to pay. Did you do anything to speed it up or was it just waiting?

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Mostly waiting honestly. I called in once to check status and they just said it was under review. The determination letter came eventually and then I had my answer.

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TWC checks their system overnight so checking UBS or calling Tele-Serv once a day is about all you can do. Calling multiple times a day doesn't change anything.

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Can I ask - does it matter what industry you were in? Like does TWC treat a warehouse firing differently than an office job or a service industry termination?

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The misconduct standard is the same across industries. What changes is what the evidence looks like. A warehouse job might have safety policy violations as a factor, an office job might have attendance records or emails. The framework TWC uses to evaluate is consistent.

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That makes sense. I was wondering because my husband was let go from a construction gig and I wasn't sure if the rules were different for trade work.

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Apply no matter what the job type was. Worst they can say is no, and then you have the option to appeal within 14 days of whatever determination they mail.

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TWC approved my claim after a firing last spring and I honestly wasn't expecting it. My employer filed their response saying it was performance-related and TWC still approved me. The key thing the determination letter said was that the reason given didn't rise to the level of misconduct under their criteria.

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This is actually really encouraging to hear. My situation sounds kind of similar.

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Just be thorough when you respond to any requests from TWC. If they reach out asking for your version of events, give them the full picture with as much detail as you can.

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And don't embellish or leave things out strategically. TWC is comparing your account to your employer's and inconsistencies aren't a good look.

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Heads up on something that tripped me up - UBS and WorkInTexas.com use the same login credentials. So if you created a WorkInTexas.com account at some point before all this, that's your UBS login too. And every time you log in they send a one-time code, so keep your phone nearby.

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Oh good to know, I already set up WorkInTexas.com so I guess that's already connected.

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Yep, same account. Makes it slightly less painful once you realize they're linked.

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My claim after a firing took almost six weeks to resolve and I was losing my mind. What finally moved things along was getting to actually talk to an agent. I used claimyr.com to get through since I couldn't sit on hold for three hours. The agent I spoke with explained that my claim had a flag on it because the employer submitted something late, and she cleared up what I needed to submit on my end. Would've taken weeks longer without that call.

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A flag on your claim from the employer filing late - that's honestly a nightmare I hadn't thought about. Good to know there's a way to actually find out what's going on.

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How long did it take for the connection to come through once you set it up?

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Pretty quick actually. Within the same day for me. The whole call with the agent was maybe fifteen minutes once I got through.

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Something I'd double-check - did you file your first payment request yet? A lot of people don't realize you're supposed to put in a payment request about one to two weeks after you apply, without waiting for the eligibility decision to come through. If you've been waiting to hear back before requesting, you might have already missed a request window.

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I haven't done that yet, I thought I had to wait until they approved me. So I should request payment now even though nothing's been decided?

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Yes, do it now. You file payment requests on a schedule TWC gives you, completely separate from the eligibility process. You should have gotten a letter called something like 'Instructions: Requesting Benefit Payments' in the mail. The filing window is Sunday through Wednesday but you can still file Thursday through Saturday of that same week if you miss it.

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This is one of the most common mistakes people make. The payment request schedule and the eligibility review run on separate tracks. Missing requests means those weeks don't get paid even if you're approved.

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Does getting fired affect how much you'd actually get paid weekly if you are approved? Like does the reason for separation change the benefit amount?

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No, the weekly amount is based on what you earned, not how you left. TWC looks at your highest earning quarter in the base period and divides it by 25 to get your weekly amount. The separation reason only affects whether you qualify at all, not the dollar figure if you do.

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That's a relief. I was worried a firing might mean a reduced amount or something.

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The base period is the first four of the last five completed calendar quarters before your claim date. So for a claim filed now it would pull wages from about mid-2025 through mid-2026. If you had a strong earning quarter in there that's what determines your weekly amount.

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My employer told me when I got fired that I 'wouldn't be able to collect unemployment' and I believed them for two weeks before my friend told me to just apply anyway. Employers aren't the ones who decide that. TWC decides. I ended up getting approved.

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This needs to be said louder honestly. The employer gets to give their side but they absolutely do not get to decide whether you collect. That's entirely TWC's call.

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Mine said something similar and I was definitely shaken by it. Really glad I decided to file anyway.

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Apply no matter what they tell you on the way out. Even if they say misconduct, even if they sound confident. Let TWC make the actual determination.

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One more thing worth flagging on the payment side - the first payment usually comes about four weeks after you apply, and it goes to a U.S. Bank ReliaCard debit card unless you set up direct deposit. After that first one, payments usually show up within two business days of each processed request. The card takes up to ten business days to arrive after the first payment so keep an eye on your mail.

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Should I set up direct deposit now or wait until after I know I'm approved?

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You can set up direct deposit in UBS before you even know the outcome. Probably worth doing sooner rather than later so it's ready when the first payment processes.

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Direct deposit is definitely faster and more reliable than waiting for a physical card in my experience.

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Went through a fired-for-performance situation last year and appealed after getting denied. The appeal hearing was just a phone call with a Hearing Officer - not as scary as I thought. I was able to explain the full context, present the emails I had saved, and the decision ended up in my favor. The written decision came about a week after the hearing.

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How long did you wait between applying and the hearing actually happening?

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The initial determination took about five weeks, then I appealed within the 14-day window, and the hearing packet came maybe six weeks after that. It's a long process but it's worth seeing through.

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Keep requesting your payment every two weeks the entire time, through the whole appeal. TWC only pays the weeks you actually requested on schedule.

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The employer in these cases has 14 days after TWC mails them a notice to submit their response. I know it feels like forever sitting there waiting but that's the timeline playing out in the background. After both sides have submitted TWC writes up the determination.

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So the clock basically starts over after my employer responds? Or is it all happening at the same time?

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It all runs somewhat in parallel. TWC does their review using whatever both sides submit within that window. The four-week estimate from application to determination accounts for all of that.

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Kept seeing people tell the original poster to stay calm but honestly the anxiety around this is real. Applied after getting fired myself two years ago and checked UBS literally every morning for three weeks. Ended up approved. The key thing is just to keep up with payment requests and work search activities while waiting, don't let those slip.

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The daily UBS checks are definitely happening over here. Good to hear it worked out for you.

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I did the same thing - obsessive checking, convinced every morning the answer would be different. The nightly update cycle is cruel honestly.

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Tele-Serv at 800-558-8321 also updates overnight so you can check that too if you want another way to monitor without logging into UBS every five minutes.

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My cousin used claimyr.com after getting fired and not being able to get through to TWC about her claim status. She'd been in adjudication for over three weeks with no updates. The agent she reached confirmed the employer had submitted their side and her case was just in queue for review - nothing was wrong, just processing time. That alone took a ton of stress off because she'd been convinced something was broken with her claim.

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Three weeks in adjudication with no visible update sounds exactly like what I went through. Would've been nice to have some way to actually find out it was fine.

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That's exactly what it did for her - confirmed it was normal processing, not a hidden problem. Sometimes that's all you need to hear.

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What if the employer lies in their response to TWC? Like what if they say misconduct when nothing like that actually happened?

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TWC isn't just taking the employer's word for it - they're comparing both accounts. If you submit a detailed, credible version of events and the employer's claim doesn't hold up under scrutiny or they can't back it up, the determination can go in your favor. That's why your documentation matters.

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Also if you disagree with whatever TWC decides after reviewing both sides, you can appeal it within 14 calendar days of when the determination letter was mailed. The appeal hearing is where you can really lay out the full picture with whatever you have saved.

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Okay so there are multiple chances to tell your side. That's more reassuring than I thought.

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