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Can you still get TWC benefits if fired for work policy violation?

I got fired from my warehouse job last week after getting written up for violating the company's attendance policy. I was late 5 times in a 60-day period (their policy says max is 4). I've been working there for 3.5 years with no other issues, but they have this strict point system and wouldn't make any exceptions. I filed my TWC claim right away but I'm freaking out because I checked the 'discharged/fired' box on the application. Will I automatically get denied because I technically broke a work rule? Has anyone been approved for benefits after being fired for something like attendance points or other policy violations? I really need this money to cover rent next month.

Carmen Lopez

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I got approved after being fired for a "policy violation" but it really depends on what the policy was and if TWC considers it misconduct. In my case, I missed work bc my kid was in the hospital and my employer had a no-exception attendance policy. TWC ruled in my favor because they decided the policy was unreasonable. They'll probably contact ur former employer and get their side of the story, then make a determination. Late 5 times in 60 days doesn't sound like serious misconduct to me, but it depends on your employer's evidence and if they can prove you deliberately violated policy.

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Yuki Ito

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Thanks for sharing your experience. Did they contact you for your side of the story or just your employer? I'm worried my manager is going to make it sound worse than it was.

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AstroAdventurer

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This is a common misconception. Being fired doesn't automatically disqualify you from TWC benefits. What matters is whether the termination was due to "misconduct connected with the work." TWC defines misconduct as deliberate violations or disregard of standards of behavior the employer has the right to expect. In your case, what matters is: 1. Was the attendance policy clearly communicated to you? 2. Were you aware of the consequences? 3. Were your tardies within your control (car trouble vs. oversleeping)? 4. Did you receive prior warnings? TWC will review both sides. They often rule in favor of the claimant when the issue is simple tardiness rather than serious misconduct like theft or violence. Document any mitigating circumstances for your lateness.

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Yuki Ito

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Thank you for explaining this so clearly! Yes, the policy was in the handbook I signed when hired, and I did receive warnings at tardies #2 and #4. Some of my tardies were because of traffic, but one was because my alarm didn't go off. Should I explain all this when they contact me?

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Andre Dupont

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I got DENIED after being fired for breaking policy at my old job. They said i was texting in the warehouse which wasnt allowed and fired me on the spot. TWC sided with them bc they had it in writing that phones werent allowed on floor. U might be ok with just tardies but prepare for fight. Make sure u answer when TWC calls u!!!

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The difference is texting on the job could be considered willful misconduct, while being a few minutes late might not rise to that level. Did you appeal the decision? Sometimes the initial determination isn't final.

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Jamal Wilson

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Based on what you've described, you have a reasonable chance of being approved. Here's what to expect with your claim: 1. TWC will send your employer a notice asking why you were separated 2. They'll review your employer's response 3. You'll receive a Determination letter with the decision (usually within 2-3 weeks) 4. If denied, you have 14 calendar days to appeal The key factor is whether your tardiness would be considered misconduct. Minor attendance issues, especially with an otherwise good work history, often don't rise to the level of misconduct under TWC standards. While waiting for a determination, be sure to request payment every two weeks and keep documenting your work search activities (minimum 3 per week).

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Yuki Ito

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This is really helpful! I just got the mail saying my previous employer is contesting my claim. I'm definitely going to appeal if they deny me. Do I need to hire a lawyer for the appeal or can I do it myself?

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Mei Lin

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OMG the Texas system is IMPOSSIBLE to navigate!!!! I was trying to call TWC for THREE WEEKS straight after getting fired for missing too many days (I had doctors notes!!). Busy signal EVERY SINGLE TIME. Finally I found this service called Claimyr that got me through to a TWC agent in under 10 minutes! www.claimyr.com - they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent was actually super helpful and explained that attendance issues aren't automatically disqualifying. They look at the "totality of circumstances" or something like that. You'll probably need to explain your side when they call.

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Liam Fitzgerald

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I used that Claimyr thing too when my account got locked and I couldn't request payment. It actually worked which surprised me. Nothing else was getting through to TWC.

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i was denied initially for getting fired for missing 2 days of work without calling in. but on appeal i explained i was in the hospital and couldn't call and they reversed it. the key is whether your actions were just mistakes or actually 'misconduct' which TWC defines pretty narrowly. just being late doesnt usually count as misconduct unless its extreme or you clearly dont care. did u have any reasons for being late or just running behind?

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Yuki Ito

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Most of my tardies were from traffic or train delays (I have to cross railroad tracks and sometimes get stuck waiting). The last one that put me over their limit was because I had to drop my kid at school when my spouse couldn't. I explained this to my manager but they said policy is policy.

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Jamal Wilson

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Your explanation about the causes of your tardiness will be helpful in your case. Traffic issues, train delays, and family responsibilities like taking your child to school are typically considered reasonable explanations. Make sure to emphasize your 3.5 years of otherwise good service. When TWC investigates, they'll consider whether the employer's policy was reasonable and whether your violations were within your control. Since your tardies were minor (being late rather than absent) and mostly due to external factors, you have a stronger case. Be prepared with documentation if possible - any emails to your manager explaining delays, etc. Keep requesting payment every two weeks while your claim is being processed.

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Carmen Lopez

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This is solid advice. Documentation is EVERYTHING with TWC. Even text messages to your boss saying you'll be late because of traffic or whatever can help your case.

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Liam Fitzgerald

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my brother works at twc and says they approve MOST tardiness firings unless its like crazy excessive (like hours late everyday) or you were on a final warning for something else too

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Andre Dupont

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Ur brother is right! My cousin got fired for being late 8 times and still got approved BUT then her old job appealed and she had to do a phone hearing and lost everything and had to pay it all back so dont spend the $ until ur 100% approved!!!

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AstroAdventurer

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Based on everything you've shared, I think you have a good case. Make sure to provide TWC with these details about your tardiness reasons when they contact you. The fact that your final tardy was to take your child to school when your spouse couldn't is particularly relevant - TWC often recognizes family obligations as reasonable causes. If you do receive a denial, don't panic. The appeal process is straightforward: 1. Submit your appeal online or by mail within the 14-day deadline 2. Prepare a simple statement explaining why you believe the decision was incorrect 3. Gather any documentation supporting your explanation 4. Participate in the telephone hearing when scheduled Approximately 30-40% of initial denials are reversed on appeal, especially in cases like yours where the "misconduct" is debatable.

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Yuki Ito

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Thank you so much for all this information! I just got my first determination letter today and I was APPROVED! The letter said my employer didn't provide sufficient evidence that my tardiness rose to the level of misconduct. I'm so relieved. Now I just need to keep up with my work search requirements while I look for a new job.

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