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Anna Stewart

Can you get unemployment after being fired? Texas TWC rules explained

So I got let go from my job at a logistics company about two weeks ago and I'm trying to figure out if I even have a shot at benefits. My manager called it a 'performance termination' but honestly the situation was way more complicated than that. I'd been there almost four years, never had a written warning, and then suddenly I'm out the door after one meeting. I filed with Texas TWC right away but now I'm just sitting here wondering if being fired automatically disqualifies me or if there's actually a path to getting approved. My determination letter says there's an issue being reviewed related to the job separation. Does anyone know how TWC actually decides this? Like what are they even looking for?

Being fired doesn't automatically cut you off from benefits, that's the first thing to understand. What TWC is really looking at is WHY you were fired. There's a big difference between getting let go because the company needed to cut positions or because you weren't meeting some standard, versus being fired for something TWC considers misconduct. Misconduct in TWC's eyes is stuff like breaking company policy on purpose, breaking the law at work, seriously neglecting your duties when you were capable of doing better. If your termination was more about not hitting targets or the company just deciding things weren't working out, that's a different story than if you did something they'd call a deliberate violation of the rules. The fact that you had no written warnings in four years is definitely worth mentioning when you respond to any TWC notices.

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The 'misconduct' label is really what determines everything here. My sister went through something similar and TWC approved her even though her employer called it a performance termination because there was no documented policy violation.

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Yeah and the employer gets notified and has 14 days to respond to TWC's inquiry. Whatever they say in that response becomes part of the picture TWC uses to make the decision.

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So basically both sides get to tell their version and TWC weighs it? That actually makes me feel a little better. I wasn't fired for doing anything deliberately wrong, it was more like they said I wasn't meeting expectations.

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Four years with no written warnings and then suddenly fired after one meeting sounds like it might not meet the bar for misconduct. TWC looks at whether you intentionally did something wrong or willfully ignored the rules, not just whether your numbers were off. Performance issues where someone is trying but struggling are generally treated differently than someone who, say, repeatedly showed up late after being warned or violated a clear policy. Keep checking your UBS account at https://apps.twc.texas.gov/UBS/security/logon.do for any notices TWC sends, because they'll want you to respond to their questions about the separation.

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Exactly right. And responding promptly to those notices matters a lot. Missing a deadline to respond can really hurt your case even if you would have been approved otherwise.

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I've been checking UBS every day but so far it just shows the adjudication in progress. No new notices yet but I'll keep watching.

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UBS updates overnight so checking first thing in the morning gives you the most current status. The adjudication process can take a few weeks depending on how backed up they are.

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Used Claimyr to get through to a live TWC agent last week because I had my own separation issue I needed to sort out. Calling on my own I'd been hanging in hold limbo for days. Claimyr basically holds the line for you and connects you when an agent picks up. The agent told me my employer had submitted their response and that I'd receive a determination within about two weeks. If you need to actually talk to someone at TWC, claimyr.com has a video showing how it works: https://youtu.be/V-IMvH88P1U. Really helped me stop guessing and get a real answer about where my claim stood.

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Getting an actual agent on the phone sounds like exactly what I need right now. I'm going to look into this because waiting and not knowing is driving me crazy.

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Does that work if you have a question about a specific notice they sent, or just for general status checks?

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Adjudication questions are exactly what I'd use it for. Knowing which employer response triggered the review and what the timeline looks like is so much more useful than just staring at a status screen.

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While you're waiting on the adjudication, keep filing your payment requests on schedule. A lot of people stop doing that because they think they have to wait for a decision first, but that's wrong. You request payment every two weeks regardless of where your eligibility review stands. If TWC decides you're eligible, they can only pay weeks you actually requested. Miss a payment request and that week might not get paid even if you win.

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Wait, so I should be requesting payments even before I know if I'm approved? I didn't do that for the first week. Is that week gone?

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Check your mailed instructions from TWC, they give you a specific date to start. The first payment request window might not have opened yet depending on when you applied. Look for the letter called something like Instructions for Requesting Benefit Payments.

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Yeah don't panic yet. The first request date is usually about one to two weeks after you apply and TWC mails you that date. If your window just opened recently you're probably still okay.

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I made this mistake too and lost a week because I thought adjudication had to resolve first. That letter with the payment date is really important and easy to overlook.

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The employer calling it a 'performance termination' is kind of a catch-all phrase companies use. It doesn't automatically mean misconduct in TWC's eyes. What matters is whether you were knowingly violating a rule, neglecting your job on purpose, or doing something illegal at work. Someone not hitting metrics or struggling with expectations after a role change or new management is a pretty different situation. I'd just be honest in any response you send to TWC about what actually happened, the full timeline, and that you had no prior written discipline.

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This is a good point. Companies sometimes use performance as a reason because it sounds neutral but TWC digs into whether there was an actual policy violation the person was aware of.

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Agreed. I've seen people get denied when there WAS clear documented misconduct and others approved when it was more of a vague performance thing with no warning system. The documentation trail really matters.

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My buddy got fired from a warehouse job and was convinced he wouldn't qualify. TWC approved him because his employer couldn't point to a specific policy he'd violated, just said his performance was below expectations. He got his first payment about four weeks after applying. So yes, fired people do get approved, it's not an automatic denial.

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That's genuinely reassuring. Mine sounds like a similar situation, vague performance complaints and nothing documented before the termination meeting.

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Four weeks from application to first payment is about right if everything moves smoothly. With adjudication it can take longer but that four-week window is what TWC aims for when there are no complications.

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Something to know about the work search requirement: being in adjudication doesn't pause it. From the week after you apply, you're expected to do your required number of work search activities every week and log them. TWC mails you a letter with your specific number, which depends on the county you live in. Harris, Dallas, Bexar, Tarrant, and Travis counties require five activities a week. Other counties can be anywhere from one to five. Keep that log because TWC can ask for it anytime.

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I did register on WorkInTexas.com already. What counts as a work search activity exactly? Just applying for jobs?

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Applying for jobs is the main one, but it can also include things like contacting employers directly, attending job fairs, or using the workforce services at a Workforce Solutions office. Your letter from TWC will have more specific guidance on what counts.

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The WorkInTexas.com registration is actually required separately from just doing activities. If you haven't completed the full registration there, make sure it's done and that your profile is complete or TWC can flag that as an issue.

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wait is adjudication the same as an appeal?? i thought they were the same thing

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They're actually two different things. Adjudication is the initial review TWC does when there's a question about your eligibility, like whether your firing counts as misconduct. An appeal is what you file after TWC sends a determination you disagree with. Adjudication comes first, appeal is the next step if you don't like the outcome.

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oh ok that makes more sense. so adjudication is before they even decide and appeal is after. got it

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Right, and you have 14 calendar days from the date printed on a determination letter to file an appeal if you need to. That date at the top of the letter is what starts the clock, not the day you receive it.

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Texas TWC reached out to my former employer about two weeks after I applied and they had 14 days to respond. So the whole adjudication timeline can stretch out depending on when the employer actually submits their side. If the employer takes the full 14 days to respond, your determination could be a few more weeks after that. Frustrating but it's how the process works.

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So the employer's response timeline directly affects how long I wait. That explains why there's so much variance in how long people say it takes.

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Yep, and sometimes employers don't respond at all within the 14 days which also affects the process. TWC moves forward regardless but it can change how they evaluate the separation.

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FOUR YEARS OF EMPLOYMENT and they fire you in one meeting with no prior warnings?? Companies know exactly what they're doing. They phrase it as performance to try to block unemployment. TWC needs to hear from you about those four years of showing up and doing your job. Document EVERYTHING you can remember about that meeting and anything that led up to it.

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While it's definitely worth documenting your side thoroughly, TWC looks at both accounts and applies their definition of misconduct, which is pretty specific. The length of employment and clean record genuinely do matter as context.

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I know I'm fired up about this but honestly the system feels rigged sometimes. At least TWC gives you a chance to tell your side, unlike some states.

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The frustration is totally valid. Just make sure the documentation angle is focused on the specific job separation facts rather than getting too broad, so your response to TWC is clear and directly relevant to their question.

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My termination was listed as performance-based too and I'll be real, I was sweating the whole time during adjudication. Turned out TWC approved me because there was no documented policy that I'd broken. The hardest part was just waiting the three weeks to get the determination. During that time I kept requesting payments every two weeks and doing my work search activities even though I wasn't sure I'd ever see a penny.

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Three weeks from application to determination, was that total or three weeks after you filed that the adjudication lasted?

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Three weeks from when I applied to when I got the determination letter in the mail. It felt longer while living it but looking back it wasn't the worst timeline.

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That's actually a pretty smooth adjudication. Some people wait six or seven weeks, especially if the employer is slow responding or if there are multiple issues under review.

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Something worth knowing about the payment setup: once you do get approved and start receiving payments, the money goes to a ReliaCard debit card from U.S. Bank unless you set up direct deposit. That card gets mailed within 10 business days of your first payment so don't panic if it doesn't show up immediately. After the first payment, subsequent ones come through within about two business days after each processed request.

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Good to know. I haven't thought that far ahead yet honestly, still just hoping to get approved.

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Set up direct deposit in UBS if you have a bank account. Way more convenient than the card and the timing works out about the same.

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anyone know if they fire you and also give you severance does that affect the unemployment

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Severance has to be reported when you apply and also on your payment requests because there's a question about income from other sources. TWC mails you a decision about how your specific severance arrangement affects your benefits. Some types of severance stop payments while you're receiving it, others don't. The specifics really depend on the arrangement so just report it and let TWC make the call.

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ok so i just report it and TWC figures out the rest. i was scared to even mention it thinking it would automatically disqualify me

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Never hide it. Not reporting it when asked is the kind of thing that leads to overpayments and those have to be repaid with a 15 percent penalty on top. Just disclose it honestly and let the determination process work.

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If TWC does deny you, appeal within 14 calendar days of the date printed on the determination letter. The appeal goes through a telephone hearing with a Hearing Officer, and you get to present your side, bring evidence, have a witness if relevant. No lawyer required. A lot of people assume a denial is the end but it's really just the beginning of the next step if you have a solid case.

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How do I file the appeal? Is it through UBS?

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You can submit it through UBS using the Submit An Appeal option, in person at a Workforce Solutions office, or by mail or fax. Email and phone don't count for appeal submissions. And keep requesting payment throughout the whole appeal process, that's really important. TWC only pays weeks you actually requested on time.

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The appeal hearing packet usually comes six to eight weeks after you file and gets mailed five to ten days before your scheduled hearing. Register your phone number with them 15 to 60 minutes before the hearing time.

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Used claimyr.com to get a TWC agent on the line after my own adjudication went longer than expected. I needed to confirm whether my employer had responded and the agent was actually able to tell me what documents they had on file for my claim. That kind of specific information is impossible to get just from staring at the status screen in UBS.

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Knowing what your employer submitted sounds incredibly useful. I keep wondering what my former employer is saying to TWC about why they fired me.

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The agent couldn't read me the full response verbatim but could tell me the status of the review and what, if anything, was still pending. That alone helped me understand where I was in the process.

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One thing that trips people up: even if you get approved, the first payable week is held by TWC as a waiting week. You don't lose it but it doesn't pay out right away. It gets released after you've received payments totaling twice your weekly benefit amount AND you either return to full-time work or use up all your benefits. If you go back to work, you have to request that waiting week through UBS or Tele-Serv.

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wait so the first week just disappears?? thats so unfair

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It doesn't disappear, that's actually a misconception worth clearing up. The waiting week gets released eventually, either when you've collected two times your weekly amount and gone back to full-time work, or when you exhaust all your benefits. If you return to work you actively request it, it doesn't release automatically.

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Yeah I had to specifically go into UBS and request my waiting week when I got a job. Didn't realize I had to do that step manually but it did come through.

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The weekly benefit amount calculation might matter to you for planning: TWC takes your highest earning quarter from the base period and divides it by 25. The range right now for new claims is $76 to $619 per week. So if you want to estimate what you'd get, look at your highest quarter of earnings, divide by 25, and that's roughly your weekly amount. Max benefit period is 26 weeks.

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That's a helpful formula. Gives me something concrete to work with while I wait.

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The base period is usually the first four of the last five completed calendar quarters, not just the most recent ones. So if you filed in late 2026 it's the period from roughly July 2025 through June 2026. Worth double checking so your estimate is based on the right earnings window.

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Needed to call TWC about a different payment issue last month and finally got through using Claimyr after getting hung up on twice trying the regular line. The agent confirmed my work search count was logged correctly and that my payment request was processing normally. Honestly just having that confirmed out loud made the whole week less stressful.

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Work search logging is something I've been paranoid about too. Good to know you can confirm that over the phone.

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You can also see your work search log entries in UBS after you submit them. Worth double-checking those entries are showing up correctly on your end so you're not dependent on a call to verify.

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The determination letter, when it comes, will be separate for each issue TWC reviewed. So if there were multiple things flagged on your claim, like the job separation AND something about eligibility, each one gets its own letter. And here's the tricky part: even one denial letter means no payment even if other letters say approved. So if anything comes back denied, the appeal process for that specific issue matters a lot.

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I hadn't thought about there being multiple determination letters. So I need to watch for all of them, not just the first one that arrives.

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Exactly. Sometimes they come on different days. Don't assume you're fully cleared based on one approval letter if there were multiple questions on your claim.

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This is an important point that a lot of people miss. Check UBS regularly and watch the mail carefully during the determination period.

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Went through termination adjudication myself earlier this year and what finally helped me feel less in the dark was actually getting a clear answer from a TWC agent about which part of my claim was still under review. I used Claimyr for that call. Had three separate issues flagged and once I understood which one was still pending, I could focus my energy on responding to that specific notice instead of worrying about everything at once.

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Three separate issues sounds overwhelming. How long did your whole adjudication take?

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About five and a half weeks from when I applied to when I had all three determinations in hand. First two came together, the third one came a week later. All three came back approved in the end.

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Five and a half weeks is really common when there are multiple issues. Good outcome though.

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Worth noting that your benefits are taxable at the federal level. TWC offers voluntary 10 percent federal withholding, and you can set that up in UBS. If you don't elect withholding upfront, you might owe taxes when you file. TWC sends a 1099-G every January and it'll also be in your UBS account under IRS Tax Information.

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Texas has no state income tax so at least it's just the federal side to worry about. A lot of people coming from other states are relieved when they realize that.

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True, makes the tax situation simpler than it could be. Still worth setting the withholding if you don't want a surprise bill in April.

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Posting an update: got my determination letter today and TWC approved my claim. The separation was reviewed and they found it didn't meet the definition of misconduct since there was no documented policy I violated. First payment request is already submitted. Really glad I kept logging work search activities and kept requesting payment while waiting because those weeks will now actually get paid. Thanks to everyone in this thread for explaining how the process works, especially the clarifications about adjudication versus appeal and the waiting week details.

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Approved with a performance-based termination and no prior warnings, that outcome makes sense given what you described. Keep those work search logs going every week.

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Great result. The payments for those weeks you requested during adjudication should process within two business days once your first one clears.

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Genuinely happy to hear this. The system worked the way it's supposed to for once.

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