Can you get unemployment if you were discharged from your job in Texas TWC?
Lost my job two weeks ago and I'm honestly not sure where I stand. My employer called it a 'discharge' on the paperwork, which I guess just means fired? The situation was messy — I'd been with the company for almost four years, worked in logistics coordination, and things went sideways after a new manager came in and started documenting everything differently. I never got a formal warning, just a meeting one day where they handed me a termination letter citing 'failure to meet performance expectations.' No write-ups in my file before that, nothing. I filed with Texas TWC right away but now I'm sitting here wondering if that discharge label automatically disqualifies me or if TWC actually looks at what happened. My determination letter says my claim is under review and I shouldn't assume anything yet. Does anyone know how TWC actually evaluates this kind of situation? Like do they just take the employer's word for it or is there a real process?
79 comments

Khalil Urso
Real process, 100%. TWC reaches out to your former employer and gets their side, then weighs it against what you told them. The key thing they're looking at is whether what got you fired crosses into misconduct territory. Being let go for performance issues isn't automatically misconduct — TWC's view is that misconduct is more like you broke a rule on purpose, did something illegal, or just flat out refused to do your job even when you were capable. 'Didn't meet expectations' is a lot fuzzier than that. Expect a determination letter after they finish gathering info — usually takes around four weeks from when you applied.
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Nasira Ibanez
AuthorThat's reassuring. So they actually contact the employer directly? I was worried they'd just rubber-stamp whatever the termination paperwork said.
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Myles Regis
Yeah TWC sends the employer a notice pretty quickly after you file. The employer has like two weeks to respond. After that TWC pieces together the picture from both sides.
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Nasira Ibanez
AuthorTwo weeks for the employer to respond... so I should probably hear something back within the month then? I'm trying to plan my finances around this.
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Brian Downey
My discharge claim got approved last year and honestly the thing that helped most was getting on the phone with an actual TWC agent to understand where my claim stood. I used Claimyr — claimyr.com — which basically holds your place in the phone queue and connects you once someone picks up. I wanted to know if there were any issues flagged on my file before the determination came out. The agent walked me through exactly what the employer had submitted and told me what TWC was looking at. Really helped me understand the process instead of just guessing. There's a video showing how it works at https://youtu.be/V-IMvH88P1U if you want to see before trying it.
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Nasira Ibanez
AuthorWait, an agent can actually tell you what the employer submitted? I didn't know that was something you could ask. That changes things — I'd love to know what my former company said about the termination.
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Jacinda Yu
Thinking about trying that myself. My situation is similar and I've been hitting a wall trying to get through on the regular TWC number.
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Landon Flounder
Okay so I need to clear something up because I've seen it get people in trouble — misconduct and poor performance are NOT the same thing in TWC's eyes, but they're not always totally separate either. If your employer can show you were warned, given a chance to fix the problem, and kept failing even though you clearly knew how to do the work, that edge case can go either way. I'm not saying that's your situation, just that 'performance' as a reason doesn't give you a free pass automatically. Read your determination letter carefully when it comes.
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Nasira Ibanez
AuthorThat nuance is actually really helpful. No write-ups is what gives me some hope — if there's no documented trail of warnings it's harder to argue I was warned and didn't fix it.
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Callum Savage
This matches what happened with my cousin's claim. No documented warnings meant the employer's story didn't hold up well when TWC compared it to what my cousin said.
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Landon Flounder
Exactly — documentation (or the lack of it) matters a lot. Keep anything you have from your time there: emails, old performance reviews, whatever.
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Ally Tailer
While you're waiting on the determination, don't forget you still need to be doing your work search activities every week and logging them. TWC mails you a letter with your specific required number — here in Travis County it's five a week, but it depends on where you live. Miss that and you could lose payments even if your claim gets approved.
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Nasira Ibanez
AuthorOh I did not know the number varied by county. I'm in Tarrant County, so I should look at that letter carefully.
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Aliyah Debovski
Tarrant is also five a week, same as the other big counties. Make sure you're keeping a written log too because TWC can ask to see it.
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Miranda Singer
Is WorkInTexas.com the place to register for that? I always get confused about which site does what.
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Ally Tailer
Yes, WorkInTexas.com is where you register and log your job search. It's separate from the UBS login even though they share the same username and password — a little confusing but once you're set up it makes sense.
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Cass Green
Just want to throw in — make sure you're submitting your payment requests on the right days. It tripped me up my first time. You request every two weeks, the window opens Sunday through Wednesday, but if you miss that you have until Saturday of the same week to still file it. Don't wait around thinking you can do it whenever.
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Nasira Ibanez
AuthorPayment requests are separate from the initial application, right? So I still need to do those even before my determination comes through?
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Cass Green
Yep, completely separate. You should actually start requesting payment about one to two weeks after you applied — there's a date on the mailed instructions they send you. File them on schedule even if you haven't heard back on eligibility yet, because they only pay weeks you requested on time.
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Finley Garrett
This is the part that got me too. I thought I had to wait for approval before doing anything and I ended up missing two payment requests. Lost those weeks entirely.
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Madison Tipne
Can I ask what 'discharge' even means officially? Because my separation papers just say 'terminated' and I've been filing as laid off. Am I filling this out wrong??
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Khalil Urso
Discharged and terminated both just mean the employer ended your job — it's not a layoff where the position is cut or the business closes. When you apply you pick the reason that matches: fired (discharged), laid off, or quit. If you were let go for a reason (even a vague one like performance) rather than a position elimination, you'd pick the fired/discharged option. If you filed it as a layoff when you were actually let go for cause, that could cause confusion — might be worth calling TWC to clarify.
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Madison Tipne
Oh no. I definitely filed it wrong then. I was let go individually, there were no other people affected. How bad is this?
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Khalil Urso
Don't panic — call a Tele-Center and explain what happened. Mistakes in the initial application do happen and TWC can note the correction. The sooner you do it the better.
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Holly Lascelles
FOUR WEEKS WAITING is brutal though let's be real. I had a discharge claim two years ago and the waiting period nearly wrecked me financially. The system is not set up to help people, it's set up to find any reason to deny them. My claim went into adjudication, then I got a denial, then I had to appeal, the whole circus. Eventually won the appeal but it took months.
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Nasira Ibanez
AuthorHow long did the appeal process take for you? I'm hoping I don't get to that point but I want to mentally prepare.
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Holly Lascelles
My determination was mailed in mid-January and I got my appeal hearing in late March. The written decision came about a week after the hearing. So roughly 10 weeks start to finish for the appeal. And you absolutely have to keep filing payment requests the whole time or they won't pay those weeks even if you win.
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Malia Ponder
This is real — the appeal hearing is a phone call with a hearing officer and you present your side just like the employer does. No lawyer required. The hearing packet gets mailed to you five to ten days before so you know what evidence they're working with.
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Miranda Singer
Does the discharge label actually follow you on future claims or is each claim evaluated fresh?
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Khalil Urso
Each new claim gets evaluated based on the new separation. A prior discharge that was found to be misconduct doesn't automatically disqualify you from future claims if you work enough afterward and lose that job through no fault of your own.
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Miranda Singer
Oh good, I was worried about that. My discharge from two years ago ended up being denied at the time and I always wondered if that was going to haunt me.
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Callum Savage
Something people don't always realize — if TWC does disqualify you based on the discharge, that disqualification can eventually end without an appeal. You'd need to find another job, work at least 30 hours a week for six weeks or earn six times your weekly benefit amount, and then lose that job through no fault of your own. Basically the system gives you a path back in if you re-enter the workforce.
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Nasira Ibanez
AuthorThat's actually a relief to know exists. I'm actively job hunting so if the claim doesn't go my way at least there's a path.
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Finley Garrett
Wait I thought once you're disqualified you can never re-apply for that same period? That doesn't sound right.
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Callum Savage
No that's a misconception — the disqualification for a job separation can end if you meet those work requirements afterward. What's gone is gone: you can't recover weeks you didn't request on time. But the disqualification itself lifts when you've worked your way back in.
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Myles Regis
How did your first payment request go? Mine showed up as pending for almost two weeks after I filed it and I nearly lost my mind thinking something was wrong.
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Nasira Ibanez
AuthorMine is still showing as pending too and it's been about 10 days. Trying not to spiral about it.
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Myles Regis
If your claim is under review for the discharge question, payments will stay pending until they sort that out. That's normal unfortunately — it doesn't mean they denied you, just that the eligibility decision has to come first before money moves.
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Jacinda Yu
Pending drove me crazy on my claim too. Checking UBS every morning like it was going to change between midnight and 6am. It doesn't, by the way — they update the system once overnight.
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Malia Ponder
Worth double-checking — did you register on WorkInTexas.com when you first applied? Some people miss that step because it feels optional but it's actually required. If you haven't done it yet, do it today.
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Nasira Ibanez
AuthorI did register, yes. I've been logging my job applications through there too. Good reminder though because I could see that being easy to skip.
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Ally Tailer
UBS and WorkInTexas.com use the same login which makes it a little easier to keep track of. Same username and password, but they're technically separate systems.
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Kyle Wallace
My brother went through a discharge claim last spring and he was really worried about it going in. His employer claimed he violated company policy, but his side of it was that the policy wasn't actually written down anywhere consistently. TWC asked both of them for documentation and when the employer couldn't produce a clear written policy, the determination came back in my brother's favor. The process works when you have your facts straight.
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Nasira Ibanez
AuthorThat's the kind of outcome I'm hoping for honestly. The 'failure to meet expectations' on my paperwork is so vague — if they can't back it up with concrete documentation I think I'm in decent shape.
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Landon Flounder
Vague termination language often benefits the claimant in these reviews. The more specific and documented the employer's story, the harder it is to dispute. Generic language like that is tough for an employer to defend when TWC digs into it.
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Jacinda Yu
Had my own discharge claim last fall and used claimyr.com to reach a TWC agent when my status had been sitting in review for three weeks without any update. The agent confirmed my employer had responded to the notice and that the review was still ongoing — no red flags, just processing time. Saved me a lot of unnecessary anxiety compared to just staring at UBS.
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Nasira Ibanez
AuthorThree weeks in review and then it resolved okay? That's good to know — I keep thinking that the longer it sits the worse it looks.
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Jacinda Yu
Honestly the timeline varies a lot. Mine took about 28 days from application to determination and it came back approved. The review time doesn't tell you which way it'll go.
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Finley Garrett
Real talk — if you get denied, appeal it. I know it sounds scary but the appeal is literally just a phone call with a hearing officer. You tell your side, the employer tells theirs, and the officer weighs the evidence. No formal legal knowledge needed. I appealed my discharge denial and won.
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Nasira Ibanez
AuthorHow much time do you have to file the appeal after getting the denial?
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Finley Garrett
14 calendar days from the date printed on the determination letter. Not 14 days from when you receive it — from the mailing date on the letter itself. So open it and act fast if you're going to appeal. You can file it online through UBS.
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Aliyah Debovski
And keep filing your payment requests while the appeal is processing — this is so important. If you stop filing during the appeal and you eventually win, they won't pay those weeks you skipped.
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Ryder Ross
Can discharge for attendance issues fall under misconduct? My cousin got fired for missing too many days and TWC denied her claim saying it was misconduct. That doesn't seem right to me.
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Khalil Urso
Attendance can go either way depending on the specifics. If she had documented warnings, was given a clear policy she kept violating, and didn't have a legitimate reason for the absences, TWC might see that as not doing the work adequately. But if there were medical reasons, inconsistent enforcement, or the policy wasn't clearly communicated, that's a different story. If she thinks it was wrong she should appeal within 14 days of the determination date.
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Ryder Ross
The determination was mailed almost three weeks ago and she just showed it to me. Is it too late?
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Khalil Urso
If 14 calendar days have passed from the mailing date on the letter, the standard appeal window is closed. She could still try contacting TWC to explain the situation, but unfortunately there's not a guaranteed path to reopen it at that point without unusual circumstances.
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Gianni Serpent
Something I never understood until I went through this myself: the waiting week. After you're approved you don't get paid for the very first eligible week right away. TWC holds it until you've been paid twice your weekly amount AND you either go back to full-time work or use up all your benefits. It's not lost forever, but it's not an immediate payment either.
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Nasira Ibanez
AuthorWait — so there's a week I'm owed that just sits there? For how long?
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Gianni Serpent
Until one of those two conditions happens. If you go back to full-time work before your benefits run out, you request the waiting week manually through UBS or Tele-Serv. If you use all your benefits first, it gets released then. It's genuinely confusing and I wish someone had told me earlier.
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Cass Green
Both conditions have to happen together — a lot of people think it releases after two payments but it's actually after two payments AND either returning to work or exhausting benefits. Good thing you flagged it.
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Henry Delgado
Following this thread closely because my situation is almost identical. Filed last week after a discharge for 'policy violations' that honestly I was never trained on properly. Waiting is the worst part.
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Kyle Wallace
Untrained on the policy is a solid point to make when TWC contacts you. Keep anything you have that shows what training you did or didn't receive — email confirmations, old onboarding documents, anything.
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Henry Delgado
I actually saved all my onboarding emails and the original job description they hired me under. Good to know that might be relevant.
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Aliyah Debovski
One more practical thing — Tele-Serv at 800-558-8321 is available 24/7 and you can check your payment status using Option 1 without waiting to talk to anyone. If you just want to know if a payment processed, that's the fastest way. Saves you from sitting on hold.
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Nasira Ibanez
AuthorI had no idea Tele-Serv worked 24/7. I've been trying to call during business hours and getting frustrated. This helps a lot.
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Henry Delgado
Does Tele-Serv tell you anything about where your claim stands in review, or just payment status?
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Aliyah Debovski
Mostly payment status and basic account info. For anything about the actual review or adjudication you'd need to reach a live agent through the Tele-Center number or UBS messages.
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Olivia Kay
Used claimyr.com last month to reach a TWC agent about my own discharge claim. Needed to verify that the employer had actually responded to their notice because my determination was taking longer than the four-week window people kept mentioning. Agent confirmed the response came in and told me my file was complete — just waiting on a caseworker. Good to have that confirmed instead of just refreshing UBS every day.
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Nasira Ibanez
AuthorThat's exactly the kind of info I'd want to know right now. I'm at three weeks and starting to wonder the same thing.
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Henry Delgado
Did they give you any sense of how much longer after that it would take?
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Olivia Kay
The agent said she couldn't give a specific date but said a complete file without issues usually moves through faster than one where they're still waiting on responses. Mine came through five days later.
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Miranda Singer
Does Texas TWC make you pay back benefits if they later decide the discharge was misconduct and you already got paid?
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Callum Savage
If TWC paid you and then later determines you weren't actually eligible, that becomes an overpayment and they will try to recover it. The rule is they have to recover every overpayment regardless of fault — it's not like they let it go because you didn't know. They'll mail you a billing statement with payment options and they can also offset future benefits or federal tax refunds.
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Miranda Singer
That's scary. So theoretically you could get paid for weeks and then owe it all back?
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Callum Savage
Yes, that can happen. It's another reason to be accurate and honest on every payment request and in everything you tell TWC — if the facts change, report them.
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Nasira Ibanez
Update for anyone following this: my determination came through today, about 25 days after I applied. Approved. The employer's response apparently didn't include any documentation of a formal performance improvement plan or written warnings, which lined up with what I told TWC. The letter says I was separated due to discharge but it did not rise to the level of misconduct under their definition. First payment request already filed. Thanks to everyone in this thread — the info here genuinely helped me understand what to expect.
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Khalil Urso
Great outcome — and that's exactly why documentation (or the lack of it on the employer's side) matters so much in these reviews.
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Henry Delgado
This gives me real hope for my own claim. Glad it worked out.
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Holly Lascelles
Congrats. Now don't forget your work search activities every single week even though you're approved — that's where a lot of people slip up after the relief of an approval.
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