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Rita Jacobs

Do I get unemployment if I get fired from my job in Texas TWC?

So I got fired last Tuesday from my warehouse job and I honestly don't even know where to start. My supervisor said I was fired for 'performance issues' but I never got a written warning, nothing was ever documented, and the last review I had six months ago was actually positive. I've been there almost four years. I always assumed that if you got fired, unemployment was automatically off the table, but someone at my old job said that's not necessarily true. Now I'm reading stuff online and I'm more confused than when I started. Does it actually matter WHY you were fired, or is it just automatic denial no matter what? I filed an application through UBS on Wednesday and it's sitting there now. I don't really know what happens next or when I'd even hear something. Any guidance would be appreciated because bills don't stop.

Whether you get benefits after being fired really depends on the reason, not just the fact that you were let go. The key thing Texas TWC looks at is whether the firing was for what they call misconduct. We're talking things like breaking company rules on purpose, not doing your job when you're actually capable of doing it, or violating the law on the job. If the reason was more like 'we don't think you're performing well enough' but there's no real evidence you were slacking off or doing something wrong, that's a much softer case for the employer to make. You may well qualify.

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That's actually reassuring to hear. My whole situation was vague performance complaints, nothing specific ever written down. So TWC is going to look at what the employer actually says the reason was?

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TWC sends the employer a notice asking them to explain the reason for separation. The employer has two weeks to respond. Then TWC looks at both sides and sends a determination. It takes roughly four weeks from your application before you hear anything, sometimes a little longer.

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Two weeks for the employer to respond and then another wait on top of that. Okay, I'll brace myself. I already filed my application Wednesday so the clock is running I guess.

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Yeah the waiting is brutal but it does move. File your payment requests on the schedule they give you even before the determination comes back, don't wait for the decision to start doing those.

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Used Claimyr last week to get through to a live Texas TWC agent, specifically because I had a question almost identical to yours after getting let go from my last job. The way it works is it holds the line for you and calls you when an agent actually picks up, so you're not just sitting there for hours. The agent I talked to explained that they look at whether the employer can point to actual conduct that falls under their definition of misconduct, not just 'this person didn't meet expectations.' Site is claimyr.com and there's a video showing how it works at https://youtu.be/V-IMvH88P1U if you want to see it before trying it.

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I've been trying to get through on the phone for two days. I'll check that out, thank you.

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What did the agent actually tell you to do while waiting for the determination? Just keep requesting payments on schedule?

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Exactly that. The agent said keep submitting your payment requests every two weeks on schedule and make sure you're doing your required work search activities every week, even before you know the outcome. Don't pause anything waiting for the letter.

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Quick correction on something I see people get wrong constantly, being fired is NOT an automatic disqualification. That's a myth. TWC evaluates the specific reason. If your employer told them something like 'attendance issues' or 'attitude' with nothing documented, that's very different from someone who, say, got caught stealing or violated a safety policy on purpose. Performance that's vague and undocumented is generally not going to clear the bar for misconduct.

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So who actually decides, like does the employer get to just say whatever they want and TWC takes their word for it?

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Neither side just gets taken at face value. TWC looks at what both you and the employer say, then makes a decision. If you disagree with what they decide, you can appeal it in writing within 14 days of the date on the determination letter. That gets you a telephone hearing with a Hearing Officer who goes over the evidence.

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This is exactly why documenting everything matters. If you have any emails, reviews, texts from your supervisor that show positive feedback, hold onto all of that in case you need to appeal.

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My cousin got fired from a restaurant last year and was convinced she'd be denied. She got approved. The employer basically said she was 'not a good fit' and provided zero documentation of any specific incident. TWC approved her claim. She said the whole thing felt uncertain until the letter actually arrived but it worked out.

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That's genuinely helpful to hear. Mine is similar, vague wording, no documented incidents. Fingers crossed.

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Not a good' fit is basically an employer saying they'can t point to anything specific.'That s not misconduct,'that s a preference. Bigdifference.

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On the payment requests piece since someone mentioned it above: you're supposed to start requesting about one to two weeks after you apply, and the mailed instructions you get from TWC will have the exact date. After that it's every two weeks, Sunday through Wednesday is when you file them. If you miss that window you have until Saturday of that same week to still get it in, but try not to cut it that close. Each request you submit covers two weeks and asks whether you worked during each of those weeks.

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I haven't gotten anything in the mail yet, is that normal? I filed Wednesday so maybe it just hasn't arrived.

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Totally normal, give it several business days. The instructions letter and any notices about your claim come by mail. While you're waiting you can also check your claim status in UBS once a day, they update overnight.

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Don't forget to register on WorkInTexas.com too if you haven't already, that's required, and you need to be doing your work search activities every week. TWC mails you a letter telling you how many activities your county requires.

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I did register on WorkInTexas.com when I applied, the system walked me through it. Wasn't sure if it was mandatory but good to know it absolutely is.

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FOUR YEARS at that job and you got let go with no written warning over 'performance issues'?? That vague catch-all phrase is what employers use when they want to get rid of someone and can't actually point to anything that rises to misconduct. It's infuriating. Apply, do your work search requirements, keep requesting payments, and fight it if they deny you. The appeal process exists for a reason.

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Yeah the lack of any documentation over four years is what gets me. If there was really a persistent problem you'd think there'd be a paper trail somewhere.

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Employer documentation actually matters a lot in these situations. No writeups, no warnings, a positive review six months ago... that's a tough narrative for them to construct at this point.

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Something I want to make sure people know about: even when you're waiting on an adjudication decision, your work search activities still have to happen every week. Some people think adjudication means everything is paused and you just wait. No. You keep filing payment requests, you keep doing your work search log entries, you stay available for full time work. Missing those things can cause separate problems on top of whatever is being decided.

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What counts as a work search activity? Like does applying to jobs online count?

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Yes, applying for jobs counts. So does things like contacting an employer directly, registering with a staffing agency, attending a job fair. The specific number of activities you need per week depends on your county. The letter TWC mails you tells you your number, that's the number that matters for your situation.

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Harris County requires five activities a week, I know that from my own claim earlier this year. But check your own letter because it varies.

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Had a situation where I got fired and the employer claimed misconduct, TWC initially sided with them, and I appealed. The appeal hearing was over the phone, one Hearing Officer, and I had the chance to explain everything and present my side. I'd kept some emails showing I was praised for my work, and that made a real difference. The written decision came about a week after the hearing. Took a while overall but the process does exist and it's not impossible to win.

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How long from the initial denial to the actual hearing did it take?

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The hearing packet arrived maybe six or seven weeks after I submitted my appeal. The packet itself came about a week before the hearing date. It's slow but you have to appeal in writing within 14 days of the date on the determination letter, that deadline doesn't move.

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Okay, 14 days from the date on the letter, not the date I receive it. Good to know, I'll watch for that.

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Exactly right on the 14 days from the mailed date. And you appeal through UBS online, in person at a Workforce Solutions office, or by mail or fax. Not by email and not by calling in.

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Does a firing for 'performance' always mean they're claiming misconduct, or can they fire you for performance reasons and it still not count as misconduct? I'm asking because my situation is similar and I'm trying to understand how TWC sees that distinction.

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Performance and misconduct aren't the same thing in TWC's eyes. Someone can be a poor fit or not meet productivity standards without it rising to misconduct. Misconduct is more about intentionally doing something wrong, violating a rule, or willfully neglecting your duties when you're capable of doing better. If an employer is saying 'he just wasn't productive enough' with no evidence you were capable and refusing, that's a weaker claim than 'she broke our safety policy on purpose.

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That actually clarifies a lot. So it's more about intent and conduct than just outcomes.

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Right, and the employer still has to actually explain it to TWC. A vague answer from them tends not to hold up well.

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Filing the application is the right first step but I've seen people mess up the payment request timing and lose out on weeks of benefits because of it. The application and the payment requests are completely separate things. Applying just opens the claim, it doesn't start any money moving. You have to actually go back in and request payment on the schedule they tell you.

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Wait, so you have to do something separate from the application to actually get paid? I didn't know that, I thought applying was all of it.

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Totally separate. The application starts the claim and TWC investigates your eligibility. The payment requests are what you file every two weeks to actually get paid for those weeks. If you don't request, you don't get paid for that period even if you're eligible.

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To add to that: the payment requests ask if you worked during each week of the period, what you earned, and other eligibility questions. It takes maybe five minutes to do in UBS or you can do it over the phone on Tele-Serv at 800-558-8321, option 1.

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Every time I think about the Texas TWC phone lines I want to scream. I spent three hours on hold last month trying to ask a simple question about my claim and got disconnected twice. If anyone's going to try to call, go early in the morning, like right when they open, that's the only time I've had any luck.

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Early morning helps but even then it's not guaranteed. I've been disconnected at 8:03am before. The system is genuinely broken for the volume of people trying to use it.

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I tried calling yesterday for about two hours and gave up. Good to hear about claimyr.com as an option, going to try that for my actual questions after the determination comes in.

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Misconduct in Texas is a specific thing, not just 'employer is unhappy.' Violating company policy, breaking the law at work, neglecting the job on purpose, failing to do work you're capable of doing. What it doesn't include is just having a bad performance period with no documented willful failure. The burden in a vague performance situation is hard for most employers to meet.

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I'd just push back a tiny bit on the 'hard to meet' framing, TWC looks at what both sides say, so the specifics of what the employer actually wrote in their response matters a lot. Sometimes employers give very detailed responses and sometimes they give almost nothing.

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Fair point, that's true. The employer's response quality varies wildly. That's exactly why keeping any evidence you have of your own work history matters, positive reviews, emails, anything like that.

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And if you disagree with the determination you get, 14 days to appeal in writing. Don't just accept a denial if you think the facts support your case.

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There's a waiting week thing that trips a lot of people up. TWC holds your first payable week until after you've been paid two times your weekly benefit amount AND you either go back to full time work or run out of benefits entirely. It doesn't just appear after a few payments automatically, both conditions have to be met. If you go back to work you have to actually request that waiting week yourself through UBS or by calling.

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So the first week you're eligible for just... sits there? That's money sitting in limbo for potentially months?

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Basically yes. It's not lost, but it's held until those conditions are met. If you exhaust your benefits it gets paid out then. If you get a job and go back to full time work, you have to go into UBS and request it, it doesn't happen automatically.

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Learned this one the hard way. Put in for the waiting week the day I started my new job and got it paid out quickly after that. If I hadn't known to ask for it myself I might have just never gotten it.

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The work search log is something people forget about until it's too late. TWC can ask for it at any point, not just if something looks suspicious. Keep a running document of every activity: date, company name, what you did, contact information. Keep it even after your claim closes because requests can apparently come after the fact.

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Does applying on Indeed count or does it have to be direct company applications?

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Applying through job boards like Indeed counts as a work search activity. The key is having the specifics recorded: the job title, the employer, the date, and the method of contact. Something vague like 'applied to some jobs on Indeed' isn't going to hold up if TWC asks for verification.

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Also keep any confirmation emails from applications you submit online. That's the easiest proof if TWC ever questions a specific entry in your log.

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My work search activities question when I first applied was answered by a Texas TWC agent through Claimyr. I had been going back and forth about whether certain gig work I was doing counted against my weekly earnings or needed to be reported. The agent confirmed gig work has to be reported, you report the net profit for self-employment, and it counts toward the earnings limit. Good call to get it straight from an agent rather than guessing.

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What is the earnings limit exactly? Like how much can you earn in a week before it starts affecting your payment?

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You can earn up to 25 percent of your weekly benefit amount without any reduction. Earn more than that and your payment gets reduced by the amount over that 25 percent. Earn more than your weekly amount plus that 25 percent cushion and you get nothing for that week. So it's not a cliff where you earn one dollar and lose everything, it tapers.

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That's actually more reasonable than I expected. So part time work doesn't necessarily kill your whole benefit for the week.

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Also important: if your employer paid you anything labeled as severance after the firing, tell TWC about it when you apply and report it on your payment requests. There are certain types of severance that can pause your benefits while you're receiving it. TWC mails you a determination on how yours is treated. Don't try to figure that out yourself, just report it and let them decide.

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They didn't offer me anything, so that's not a factor for me. But good to know for anyone who got a severance package.

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I made the mistake of not knowing whether to report a lump sum payment I got and ended up with an overpayment notice later. Report everything and let TWC classify it, way easier than dealing with an overpayment.

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Overpayments are genuinely painful to deal with because TWC is required to recover them no matter what. There's no hardship exception and they can't just forgive it. Report your income when it happens, not retroactively.

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To bring it back to the original question here: fired for a vague performance reason, four years of employment, no documented warnings, positive review six months ago. That is not a strong misconduct case for the employer to bring. File, do your work search, request payments on schedule, and wait for the determination. If it goes against you, appeal within 14 days. The process exists specifically for situations like this.

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This thread has been genuinely useful. I feel a lot less like I'm walking in blind now. I'll keep filing payment requests, keep up my work search log, and watch the mail for my determination.

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Watch for the date on the top of whatever determination letter you receive, that's when the 14 day appeal window starts, not when you actually open the envelope.

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And if something seems off about how TWC classified your separation, don't just sit on it. The appeal is a real hearing with a real Hearing Officer who looks at the evidence. Use it if you need to.

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One more practical thing: your UBS login and your WorkInTexas.com login are the same user ID and password. If you change one you've changed both. And every time you log into UBS it asks for a one-time verification code, that's normal, not a sign something is wrong with your account.

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Oh that explains why I kept getting confused trying to log in separately. Same credentials for both, good to know.

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Yeah it threw me off too at first. The one-time code gets sent to whatever contact method you set up, just have that ready when you log in.

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For anyone still figuring out how to actually reach a live person at TWC, I finally got through using Claimyr after weeks of failed calls. Asked the agent about my adjudication status and they were able to tell me which issue was holding my claim and what I needed to do. Worth trying if you've hit a wall with the phone lines.

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I'm going to try that once my determination comes in and I know if I need to make any calls. Right now I'm just in wait mode but good to have in my back pocket.

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adjudication and appeal are two different things by the way, adjudication is while TWC is investigating your eligibility before the first decision, an appeal is what you file after you get a determination you disagree with. Just wanted to flag that since I see people use them interchangeably sometimes.

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Good catch on that distinction. Adjudication is the initial review process. If your claim is in adjudication it means TWC is still gathering information and hasn't issued a determination yet. Appeal comes later and only if you need it.

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