Can you get unemployment if you fail a drug test? Texas TWC situation

My adjudication just moved to a second determination letter this week - I'm going to try that service to ask what the second one means before I get myself too stressed about it.

Day four after getting my termination letter, I called TWC six times and got a busy signal every single time. Sending this link to my sister who's going through the same thing.

That tracks with what I suspected. I went back through every document from my hire date and there's nothing - no mention of drug testing in the offer letter, nothing in the digital onboarding portal, and the physical handbook they gave me skips from the dress code section straight to attendance. I'm going to document all of that carefully.

Fifth week waiting on my own determination and I keep wondering the same thing about policy acknowledgment. My situation was different but the general principle about whether you actually knew the rule seems to come up a lot in these adjudications.

The employer gets a notice from TWC asking them to explain why you were let go. What they say about the drug policy - or whether they can even produce a signed copy - probably matters a lot here. That's going to be part of what TWC weighs.

Already started a document with dates. I even found an email from HR welcoming me and listing the forms I'd signed - drug policy acknowledgment isn't on the list. I'm hoping that's useful.

Just got my determination letter yesterday after six weeks and the level of detail TWC went into about what documentation existed was really thorough. They clearly look at this stuff carefully.

Good to know, I was using those terms interchangeably in my head. So right now I just wait for the determination, and only then would an appeal be relevant?

Exactly right. And keep making your payment requests on the regular schedule even while you're waiting - TWC only pays for weeks you actually requested on time, so don't stop just because adjudication is still going.

Two weeks after getting my determination and I'm so glad I kept requesting payments during adjudication. Would have lost those weeks otherwise.

I was doing warehouse inventory work, mostly on foot with some forklift certification involved. So yeah, they might make that argument. I didn't think about how the job type factors in.

That's a fair point. The nature of the work does tend to come up. For what it's worth, TWC looks at the whole picture - what the policy said, whether you knew it, what the job involved. It's not a single-factor decision.

Three weeks into a totally different kind of termination dispute and I didn't realize job type could affect how misconduct gets evaluated. Learned something new today.

Texas doesn't have that kind of legal gray area for employment purposes - an employer in Texas can still enforce a drug-free workplace policy regardless of legality elsewhere. If the company has a valid policy and the employee tested positive, that's what TWC looks at. The employer's policy is what matters for the misconduct analysis, not whether the substance has legal status somewhere else.

ok that actually answers the question for my friend too, thanks. it really does come down to what the actual written policy says then

Honestly the whole policy documentation thing keeps coming up in this thread and it really is the crux of these cases every time.

How much preparation did you do for your hearing? I want to make sure I know what I'd be getting into if it comes to that.

I pulled together every document I had - offer letter, emails from HR, the handbook - and made a simple timeline of what happened. The Hearing Officer was pretty straightforward about what they needed. Having specific documents to reference helped a lot more than a general explanation would have.

About five days after my own hearing concluded and the written decision came about a week later. The whole process felt a lot more manageable than I expected going in.

I got that letter and I've been keeping a spreadsheet. Good to have confirmation that I should keep that going regardless of what happens with the determination.

First week I forgot about the work search completely because I was so focused on the adjudication. Had to scramble. Keep track from the very beginning.

My work search letter said three activities a week. I've been doing five just to be safe honestly.

I keep thinking about this. They may have an unsigned version on file somewhere internally, but I genuinely never received or signed one. My documented proof of that is what I'm focusing on.

Halfway through my own adjudication and the employer response piece is what stresses me out the most. You just have to trust that your documentation speaks for itself.

TWC doesn't send a preview - the determination just shows up, usually by mail, and then it also shows in UBS. It covers each issue separately, so you might get more than one letter. The date printed at the top of the letter is what the 14-day appeal window is based on, not the date you receive it, so open it right away.

oh that's really important about the date on the letter vs when you get it. i would have assumed it was from when i got it

Check UBS every day too - they update overnight and you might see a status change there before the physical letter arrives.

That is genuinely encouraging to hear. I've been assuming the worst and it helps to know the outcome isn't predetermined just because a policy violation is on the termination paperwork.

About a week before my determination is expected and reading this thread has been the most useful thing I've done. The nuance matters way more than I realized.

That's exactly the scenario I'm in. I really wish I had asked for all my onboarding documents in writing from the start but here we are. I'm building the case I have from what I saved on my own.

Documentation is everything in these disputes. Whatever you can show that the employer can't contradict is what sticks.

Sixth week of my adjudication and I finally got a resolution in my favor - the detail I had documented made all the difference. Keep everything.

I'm glad you said this because I was actually wondering whether to keep submitting payment requests while everything is still pending. I'll keep doing them.

My cousin missed three payment requests thinking the same thing and lost those weeks entirely. Definitely keep requesting on schedule no matter what.

i didn't know you could request payments before the decision came. been waiting and apparently leaving money on the table

I actually remember the names of the two HR people who ran my orientation session. I'll add that to my documentation in case I need to reference it in a hearing.

That level of detail is exactly what helps at a hearing. Specific names and dates are more credible than general recollections.

The key thing is that TWC only pays for weeks you actually requested payments for on schedule. So if you won an appeal but had skipped payment requests thinking there was no point, those weeks are gone. Keep requesting payments every two weeks from the start and don't stop during the appeal either - that's the only way to protect your ability to get those weeks paid if you eventually win.

ok so the payment requests really are that critical and you lose the weeks you don't request. that's actually kind of alarming that more people don't know this

TWC mails instructions about requesting payments right after you apply - it has the exact date to start. Easy to miss but it's really important.

Really appreciate this perspective. I keep spiraling about worst case scenarios when really I just need to let the process run and make sure my documentation is solid.

That's the right mindset. Focus on what you can control, which is making sure your side of the story is as well documented as possible, and keep those payment requests going.

Managers say that pretty often and it's not accurate. Whether a drug test failure counts as disqualifying misconduct is something TWC determines based on the specific facts - the policy, what the employee knew, the nature of the job. Some claims after drug test terminations are approved. Filing costs you nothing and TWC makes the actual decision, not your former employer.

that is exactly what i needed to hear. filing today.

Employers definitely say things like that. TWC is the one who decides, and they look at facts, not what your manager told you on the way out.

Five weeks in with no information sounds really stressful. Getting confirmation that the file is complete at least tells you nothing is stuck on your end.

Processing backlog is the answer I keep hearing too. At least it means the claim isn't flagged for some problem you don't know about.

47 days is a long time to wait but hearing that yours came back in your favor is really encouraging. And good to know about the multiple letters thing - I would have panicked seeing one that said something negative without understanding there might be more coming.

The multiple letters thing catches people off guard constantly. Each issue gets its own determination and you need all of them to say it can pay, so read each one carefully.

Knowing that the separate letters each cover a different issue and that you need each one to come out in your favor is information I wish I'd had from day one of my own adjudication.