Can you file unemployment if fired? Texas TWC rules explained

Week two of my own claim and I can answer this from what I just went through. Getting fired does NOT automatically disqualify you. What Texas TWC actually cares about is whether the reason you were let go counts as misconduct on your part. Misconduct is stuff like breaking company rules on purpose, violating the law at work, or just flat out not doing your job even when you're capable of it. Regular performance problems that don't rise to that level are a different story. So your 'performance issues' termination is absolutely worth applying for.

My first payment request went in yesterday and I used claimyr.com to reach a live TWC agent last week when I had a question about my separation paperwork. The agent confirmed that the fired-for-performance question really does come down to what the employer actually says when TWC contacts them. TWC mails your former employer a notice and gives them 14 days to respond with their version of events. The agent walked me through exactly what to expect timeline-wise. If you want to try it, there's a video at https://youtu.be/V-IMvH88P1U that shows how it works. It basically holds the phone line for you and connects you when a live person picks up, which saved me from sitting on hold for hours.

Six weeks into my claim and the thing that tripped me up was not knowing what to say when TWC asks about the separation reason. Be straightforward and specific. If your performance review eight months ago was good and then suddenly you're out, say that. Write down dates, what your supervisor said, anything you have. TWC is weighing your account against whatever the employer submits, so details matter.

Determination letter arrived last Friday and mine said approved, so here's what I know now. The employer in my case didn't respond to TWC's notice within the 14 days. That matters because TWC then makes the call based mostly on what you told them. Apply as soon as possible since the claim starts on the Sunday of the week you file, and they cannot go back and pay you for weeks before that date.

My appeal is currently pending and I went through a denial first so let me tell you about that side of things. I was initially denied because my employer claimed I violated a company policy. I had no idea they were even going to say that. The appeal process is a phone hearing with one Hearing Officer, and my packet took about seven weeks to arrive. It came in the mail about a week before the actual hearing date. Keep requesting payment on schedule the whole time you're appealing because TWC only pays for weeks you actually requested on time.

Approval email came in this morning after three weeks, and I want to address the automatic denial myth directly. Texas TWC does not have a rule that says fired equals disqualified. What they look at is what caused the firing. Performance that doesn't meet expectations is treated differently than intentionally breaking rules or doing something illegal. Neither one is a guaranteed outcome but they're very different situations and TWC evaluates them separately.

Payment request number four just submitted and my situation was similar to yours. I was let go after a performance improvement plan that I didn't think was fair. Applied anyway, got approved. The key was that I hadn't violated any actual rule or policy, I just wasn't hitting metrics they'd changed without warning. TWC looked at that differently than a conduct issue.

First week of job searching now and the work search requirements caught me off guard so I'll mention them here. After you're approved you have to do a certain number of work search activities every week. TWC mails you a letter with your specific number, which depends on the county you're in. Keep a log of every application, every contact, everything. TWC can ask to see that log whenever they want.

Denial letter sitting on my table right now and I'm frustrated beyond words. Applied after being fired for what they called 'negligence' and got denied. What kills me is I tried to fix every issue they raised before they let me go and TWC never asked me about that part. APPEAL EVERYTHING if you disagree. You have 14 days from the mailing date and you can file the appeal right in UBS online.

Just hit the two-week mark after applying and wanted to flag for anyone reading this thread that you have to register on WorkInTexas.com as part of the process. It's not optional and it uses the same login as UBS. I nearly skipped it thinking it was separate from my claim and it absolutely isn't.

Determination came back approved last week and the employer response thing is worth knowing about. My former company said nothing to TWC in their 14-day window. The determination came back in my favor pretty quickly after that. Not saying count on your employer not responding, but it does happen.

ReliaCard arrived yesterday and the payment schedule felt forever coming. For anyone wondering about the actual money, your weekly benefit amount is calculated from your highest earning quarter in the base period divided by 25. The max right now for new claims is $619 a week. Getting fired doesn't change how the amount is calculated, only whether you're eligible at all.

Five weeks post-filing and nobody's mentioned the waiting week yet so I'll bring it up. TWC holds your first payable week. You don't get it paid out right away. It sits until you've received payments totaling twice your weekly benefit amount AND you either go back to full-time work or use up your benefits. If you go back to work first, you have to request it through UBS yourself, it doesn't release automatically.

My adjudication cleared last Thursday after almost four weeks and I used claimyr.com to get through to TWC during the wait. My specific question was whether my separation paperwork had been received because UBS wasn't showing any updates. The agent confirmed they had it and told me adjudication was just still running. Knowing that kept me from filing redundant paperwork.

Paycheck from my new job came in and my claim is closed now, but back when I was in the thick of it I made the mistake of thinking I didn't have to report the few hours I picked up doing side work. You report gross earnings for the week you actually did the work, not when you got paid. Gig work, side jobs, reselling, all of it. The threshold before it starts reducing your payment is 25 percent of your weekly benefit amount.

Separation packet submitted two days ago and I want to come back to the original question one more time because I think it bears repeating plainly. Texas TWC evaluates why you were fired, not just the fact that you were. If the employer told you performance, that's not automatically misconduct under TWC's definition. Apply, tell your side clearly, and let TWC make the call. The worst outcome is a denial you can still appeal.

Just got my first payment deposited on the ReliaCard and wanted to mention something nobody brought up yet about severance. If your company gave you any kind of severance package, you're supposed to report it when you apply and on your payment requests. TWC mails a decision about how it affects your benefits. Don't assume it doesn't matter or leave it off.

Overpayment notice arrived for my wife last month from a claim she had two years ago and it was a stressful shock. The thing people don't realize is TWC has to collect every overpayment regardless of whose fault it was. There's no hardship exception and no way to get it forgiven. They work out a payment schedule and they'll eventually pull it from future benefits or federal tax refunds if it's not paid. Appeal it within 14 days if you think the amount is wrong though.

My final payment request is pending and I want to close the loop on one thing from earlier in the thread. Someone said the employer has to prove misconduct to disqualify you. That's not really how it works. TWC looks at what both sides say and makes a judgment call. It's not a formal burden of proof situation, it's more like they're weighing all the information from both parties. Knowing that actually helped me prepare my own account more carefully.