Can you get unemployment if terminated? Texas TWC explained

That detail about intentional vs. a mistake is really helpful. My situation feels a lot more like the training was inadequate than me knowingly ignoring anything. I'll check that video out.

Did the agent say anything about what happens during the actual adjudication call? I got terminated too and I'm waiting to hear from TWC.

The agent told me TWC sends a notice to your last employer and they have a window to tell their side. Then TWC looks at both and mails a determination. No phone call to you during that part, it just processes.

So the fact that other coworkers did the same thing without consequences could actually matter to TWC's decision?

It can definitely be part of your side of the story when TWC reviews things. Document whatever you can about the inconsistent enforcement.

This is accurate. TWC hears from both you and the employer, so your account of the inadequate training absolutely gets considered. Keep anything in writing that shows the policy wasn't clearly enforced.

That's a really common misunderstanding. Being fired doesn't automatically mean no benefits. TWC looks at the reason behind the firing. A layoff is obviously fine, but even a termination for cause isn't automatic disqualification unless TWC finds it rises to the level of misconduct.

Oh wow, I had no idea there was that much nuance. I told my cousin not to bother filing when he got let go last year. He probably should have.

Seriously, so many people don't apply because they assume fired equals disqualified. Always worth filing and letting TWC make the actual call.

Should I be gathering any documentation now, before TWC even asks? Like emails or anything from my time there?

Yes, absolutely start pulling together anything you have. Screenshots of training materials, any emails showing the policy wasn't consistently applied, coworker situations if you know of them. You can't add documents to your UBS portal directly but you'll want them ready if it goes to an appeal.

Good advice. And if you do get a 'cannot pay' determination, you have 14 days from the date on that letter to appeal in writing. Don't miss that window.

Four weeks is about what I'm reading elsewhere too. Did TWC contact you directly during that window or did it just show up in UBS one day?

It showed up in UBS and they also mailed a physical letter. No phone call during the adjudication itself. Just keep checking UBS once a day.

Same kind of timeline for mine. The waiting is the hardest part but keep doing your payment requests on schedule no matter what. That part is completely separate from the eligibility decision.

I've been doing that. The instructions letter had a date on it and I've been following it. Good to know it's that important.

Filing days are Sunday through Wednesday, and if you miss that you can still file Thursday through Saturday of that same week. Miss that too and that week is gone.

Yes that's right. And you can do it through UBS or by calling Tele-Serv at 800-558-8321, Option 1 if the site is giving you trouble.

I've been using a spreadsheet. Is there a specific format TWC wants or is any organized log fine?

No specific format is required as long as it has the key details. Your spreadsheet approach is totally fine. Some people use the work search log in WorkInTexas.com directly which also works.

I got audited on my work search log once. Had everything in a notes app on my phone and it was fine. They just want to see you actually did the activities.

The number is set by the local Workforce Development Board for each county, not statewide. Travis County (Austin) has its own number, Harris County has its own. TWC mails each claimant a letter that says exactly how many they need to do. That letter is what matters, not what a neighbor says.

Oh that makes sense. So I need to find my letter from TWC rather than just assuming it's 5.

Exactly. If you can't find the letter, you can call the Tele-Center to confirm your required number.

I've definitely been using those words interchangeably. So right now OP is in adjudication and might need to appeal later only if the determination goes against them?

Exactly right. Right now it's just the standard review process. An appeal only becomes relevant if a determination comes back unfavorable and you disagree with it.

This clears up some confusion I had. I kept reading about appeals and thought I needed to do something now. Good to know I just wait for the determination first.

Absolutely worth it. The first level of appeal is a telephone hearing with a Hearing Officer. You present your side, the employer presents theirs, and the officer makes a decision. No lawyer needed. If that goes against you there are further levels above that.

The appeal hearing packet usually comes in the mail 5 to 10 days before the actual hearing. Register your phone number 15 to 60 minutes before it starts. The whole thing is done by phone.

That's way less intimidating than I thought it would be. I assumed it was like going to court.

Four to six weeks of waiting during adjudication is pretty normal. The hard part is there's nothing you can do to speed it up. Keep doing your payment requests and work search activities as if you're already approved.

I used claimyr.com to finally reach an agent last week after weeks of phone hell. She confirmed my claim was just processing normally and there was nothing flagged that needed action from me. That was at least worth knowing.

That peace of mind call is genuinely useful. Knowing whether something needs your attention vs. just waiting is half the battle.

The way TWC looks at it, misconduct is more about things like breaking rules you knew about, doing something illegal, or genuinely neglecting your work when you were capable of doing it right. Not knowing a policy existed is part of your story to tell them.

Document any evidence that the policy wasn't clearly communicated. An unwritten rule or something you were never trained on is very different from a known rule you chose to ignore.

I actually don't think it was ever in writing anywhere. That feels important.

The separation reason doesn't change the calculation itself. Your weekly benefit amount is based on your highest earning quarter in the base period, divided by 25. Whether you were laid off or fired doesn't affect that math.

So if I earned a lot before the termination, my weekly amount is based on that regardless of why I got fired?

Yes, the amount is set by your earnings history. The separation reason only affects eligibility, not the payment amount if you're approved.

The frustration is completely valid. The adjudication timeline can stretch depending on how complicated the separation facts are and whether the employer responds close to the deadline.

I just want to know if I need to be doing something or if I'm just waiting. No one can give me a straight answer.

If a determination comes out and you disagree, that 14-day appeal window is tight. Keep checking UBS every day so you don't miss it sitting in your mailbox.

That's genuinely reassuring to hear. I've been worried that my employer contesting it basically means I lose.

Nope, contesting just means it goes through the full adjudication review. I had a pretty detailed back-and-forth and TWC sided with me because my account was consistent and I had documentation.

This is a good point. The employer contesting actually creates a record for both sides. It's not automatically bad for the claimant.

Should I be thinking about getting any kind of legal help for an appeal, or is that overkill for the first level?

No lawyer is needed for the first-level Appeal Tribunal hearing. Many people represent themselves successfully. It's a phone hearing with a Hearing Officer, not a courtroom proceeding.

Agreed, most people handle the first appeal themselves. If it goes to the Commission level after that, some people do bring representation, but that's a second step.

The waiting week is held back until you've been paid benefits equal to two times your weekly benefit amount AND you either return to full-time work or use up all your benefits. If you go back to work full-time you can actually request that waiting week through UBS.

So it's not lost forever, just held until one of those two things happens?

Exactly right, it's not gone. You get it when one of those conditions is met.

I hadn't thought about the payment method at all. Direct deposit sounds like the smarter move. Can you switch to it after already being set up for the card?

Yes, you can update your payment preference in UBS to direct deposit at any point. Just give it a couple days to take effect before your next payment processes.

And direct deposit lands within two business days of a processed payment request, same as the card. The main advantage is not having to wait for a card in the mail that first time.

How did you give your statement? Did TWC call you or was it written somewhere in UBS?

It was a written statement I submitted. TWC sent instructions in the mail about how to respond. They gave a deadline and I made sure to respond before it.

Responding to TWC's requests promptly is really important. Missing a deadline to provide information can hurt your claim even if you have a strong case.

Yes, they use the same User ID and password. You set it up once and both sites use it. The difference is UBS sends a one-time code to verify you at every login, so have your phone or email ready when you sign in.

Oh that explains why I kept getting kicked out. I thought UBS was broken. The code expires fast too.

The code timing trips a lot of people up. Have the code ready before you try to enter it, the window is short.

Severance has to be reported when you apply and also on your payment requests when they ask about income from other sources. Depending on the type of severance, it can affect your benefits while you're receiving it. TWC mails a decision specific to your situation on how it's handled.

So I can't just not mention it and hope for the best?

Definitely report it. Not reporting income is exactly how overpayments happen and those come with real consequences. TWC has to recover every overpayment no matter what, so it's not worth the risk.