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Harper Thompson

Do seasonal workers get unemployment in Texas TWC?

So I've been working seasonal jobs for the past several years, mostly in landscaping and outdoor maintenance. Every fall when the busy season wraps up, my employer just stops calling me back and I go months without work. This year felt different because I actually tried to file with Texas TWC and got hit with a confusing determination letter that I'm still not sure how to interpret. Basic background: worked full-time April through October, made decent wages, employer never said anything about me being classified as 'seasonal' until this determination letter showed up calling my separation a 'seasonal layoff.' Now I'm sitting here wondering if that classification just automatically kills my claim or if there's something I can do about it. The letter didn't give me much detail about why my benefits were denied. My work search is registered on WorkInTexas.com and I've been logging activities every week just in case. Has anyone here dealt with the seasonal worker thing with TWC? Did you appeal or just accept it?

What did the letter say exactly? Like did it say you were disqualified or just that it needed more review?

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It said something about a 'seasonal employment disqualification' but honestly the wording was really dense. I'm not sure if that means denied for good or if it's a temporary hold type thing.

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Those two are really different situations. A disqualification means they made a decision against you, and you've got 14 calendar days from the date printed at the top of that letter to appeal it in writing. A hold or adjudication means they're still looking at it. Worth reading the top of the letter carefully for that date.

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The date at the top is from two weeks ago. So I might be right at the edge of the appeal window. I need to figure this out fast.

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Seasonal workers absolutely can qualify for Texas TWC unemployment, it's not a blanket no. The question is usually whether the employer can show the work was understood to be seasonal from the start AND whether TWC agrees that this was a true seasonal layoff versus just a regular layoff that happens to repeat every year. If you weren't told at hiring that the job would end in October, that's worth bringing up.

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I was never given any paperwork calling it seasonal when I was hired. It was always just 'we'll call you back when spring comes.' Does that matter?

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It can matter a lot actually. The question TWC looks at is what both sides understood about the nature of the work. If you have any old texts or emails about being rehired next season or anything showing you expected ongoing work, that's the kind of thing worth including if you appeal.

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This is the part that trips people up. 'Seasonal' as a word the employer uses internally doesn't automatically mean TWC sees it that way. The determination is based on the actual facts of the working relationship.

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Used Claimyr to get through to a live TWC agent last month when I had a question about my own layoff and whether my employer's response changed my status. The hold times were brutal and I couldn't get anyone on the phone for days. Claimyr waits on hold for you and then calls you when an agent picks up. Went to claimyr.com, saw the demo at https://youtu.be/V-IMvH88P1U, and the agent I reached confirmed my employer had filed their response late, which helped me understand what step I was actually at. For a seasonal situation with a tight appeal window, getting a live agent is worth it.

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That tight appeal window has me really stressed. I'll check that out today.

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My cousin had a similar situation with an employer response question. Did the agent walk you through what to do next or just confirm the status?

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The agent confirmed the status and also told me which form to reference when I submitted my response. It was more useful than I expected from a single call.

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Quick clarification on the appeal process since you mentioned you might be right at the edge: you can file the appeal online through UBS at https://apps.twc.texas.gov/UBS/security/logon.do, there's a 'Submit An Appeal' option right in the account. You can also go in person to a Workforce Solutions office, or mail or fax it. The important thing is it has to be in writing, you cannot appeal by phone. And even while your appeal is pending, keep filing your payment requests on schedule because TWC only pays out for weeks you actually requested on time.

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I did not know you could keep requesting payments during an appeal. I thought the whole thing was frozen while they reviewed it.

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A lot of people stop requesting and then lose those weeks entirely. The appeal is about whether you're eligible, the payment requests are what actually create the weeks TWC can pay if you win.

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This was the most confusing thing to me when I went through an appeal. It really does feel like the system should tell you this more clearly.

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Agreed, I called TWC specifically to ask this question because I was scared to request payments and get in trouble for it. The agent confirmed keep requesting.

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So wait, does the seasonal thing affect everyone who works landscaping or is it just some employers that get to call it seasonal? I work irrigation seasonally and I'm wondering now if my employer could do this to me next time.

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Whether it's seasonal isn't just the employer's call. TWC looks at the actual work arrangement and whether both parties understood it was temporary and tied to a season. Your employer saying the word doesn't make it so automatically.

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Okay that makes me feel a little better. I've been there three seasons now and they've always brought me back so it doesn't feel like a purely temporary thing.

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If you've been rehired multiple seasons in a row that actually works in your favor if TWC ever looked at it. That pattern suggests ongoing employment rather than a true one-time seasonal hire.

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Can someone explain the base period thing for someone like this? Like if you only work half the year, do you even have enough wages to qualify?

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TWC looks at the first four of the last five completed calendar quarters before you filed. So for a claim filed right now in late 2026, that would be wages from roughly July 2025 through June 2026. If your busy season falls in that range and you made decent money, you might have more covered wages than you think. The requirement is wages in more than one quarter and at least 37 times what your weekly benefit amount works out to.

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So the work from April to October this year would mostly be in that window? That's actually encouraging.

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Mine was. The letter didn't question my wages, it went straight to the seasonal classification issue, so I think my base period wages were actually fine.

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TWC CAN BE SO FRUSTRATING WITH SEASONAL STUFF. I went through two rounds of this with a different outdoor job and both times the employer tried to use the seasonal label to avoid dealing with my claim. First time I accepted the denial, second time I appealed and won. If I had known to appeal the first time I would have.

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Did you have to do anything special for the hearing or just submit the written appeal?

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The appeal triggers a telephone hearing with one Hearing Officer. You get a packet mailed to you before the hearing date and they want you to register your phone number 15 to 60 minutes before it starts. I just explained my side of the working relationship, said I was never told it was explicitly seasonal, and that was basically it. No lawyer or anything.

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Good to know the hearing is by phone. I was picturing something much more formal and intimidating than that.

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Something I want to flag for anyone who reads this thread and has a similar situation: if your appeal doesn't go your way at the first level, there's a second level of appeal to the Commission and after that you can go to civil court. So a denial at the first hearing isn't the final word.

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How long does it typically take to hear back after the hearing?

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The written decision from the Hearing Officer usually comes within five to ten working days after the hearing itself. Getting to the actual hearing can take a while though, the packet alone can be six to eight weeks out.

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That six to eight week wait for the packet is brutal when you're trying to pay bills in the meantime. Keep those payment requests going like someone said earlier.

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My old roommate went through something like this. She worked at a holiday pop-up retail job every November and December and TWC approved her every time. The employer never bothered to fight it because she'd been there every year and they wanted her back. Sometimes employers don't even respond to TWC's notice and that changes the picture a lot.

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Employers have 14 days to respond to the notice TWC mails them. If they miss that window and you've got a good case, that can work in your favor when TWC makes its determination.

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That's exactly what happened with her I think. The employer just didn't respond and she got approved without any drama.

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I wonder if mine actually responded. I should probably call and check on that.

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Have you registered on WorkInTexas.com yet? That's a separate requirement from just filing. If you're doing work search activities you need to have that profile set up or TWC can deny payments even if the seasonal thing gets resolved in your favor.

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Yes, I already set that up and I've been logging my activities every week. The original post mentioned that actually.

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Sorry missed that part. Good that you're ahead of that at least. A lot of people get approved on the separation issue and then lose payments because work search wasn't in order.

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How many activities are required per week? I keep hearing different numbers.

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The number of work search activities per week is set by the local Workforce Development Board for your county, not by TWC as a single statewide number. It ranges from one to five activities depending on where you live. TWC mails each claimant a letter that says what their specific number is, and that letter is what you go by. For the big counties like Harris, Dallas, and a few others it's five a week.

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So someone in a smaller county might only need to do one activity a week? That seems way easier.

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That's right, it varies. The letter TWC sends you tells you your specific number. Never just guess at it.

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I didn't realize it was different by county. I've just been doing three because that's what my friend told me. I should double check my own letter.

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Just want to add from my own experience that the weekly benefit amount for seasonal workers isn't calculated differently than for anyone else. It's still based on your highest earning quarter in the base period divided by 25, up to a cap. So if your landscaping season was solid, your weekly amount could be pretty decent.

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Mine was about $580 a week if the calculation is right. That's what I'd be counting on while I look for winter work.

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That's near the max for a 2026 claim. Max weekly benefit right now is $619, so your numbers check out if your quarterly wages were high enough.

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Wait, $619 is the max? I had no idea it was that high. I always assumed it was lower.

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Heard someone at my Workforce Solutions office say seasonal workers can't get unemployment at all. So either they were totally wrong or I'm misunderstanding something?

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They were wrong. Seasonal workers can qualify just like anyone else, the key question is how TWC characterizes the job separation and whether the worker meets the wage requirements. There's no automatic exclusion for seasonal work.

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Okay so the person at the office was just giving bad info. Good thing I didn't rely on that before I filed.

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Unofficial advice from someone hanging around an office is not the same as a determination from TWC. Always go by what your actual determination letter says and what a real TWC agent tells you.

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What about reporting wages if you pick up side gigs during the off-season while collecting? Like I do some handyman stuff occasionally.

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Any income you earn goes on your payment request for the week you did the work, not when you got paid. That includes gig jobs, side work, all of it. You report the gross amount rounded down to whole dollars. If it's self-employment you report net profit instead.

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What happens if the amount is small, like I only made $80 that week?

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You still report it. TWC lets you earn up to 25% of your weekly benefit amount without any reduction. Above that threshold, the payment drops by whatever you earned over that 25%. So small amounts often barely affect your payment but you still have to report them.

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For the original poster, the most useful next step is probably submitting that appeal today if you're at the edge of the 14-day window. The UBS portal has the option right in the account. Explain in writing that you were never informed the position was classified as seasonal at hiring and that you expected recall. Keep it factual and straightforward. Submit any documentation you have about being rehired in past seasons.

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That's exactly what I needed to hear. I went into UBS and found the appeal option. I'm putting together my written explanation now.

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Good. Keep your payment requests filed on schedule while you wait. Even if the hearing is two months out, you want all those weeks on the books.

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Rooting for you on this. The seasonal classification thing seems like it gets used by employers in ways TWC doesn't always agree with.

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Something that tripped me up during my own TWC situation: the determination letter has the mailing date at the top and that's the date the 14-day clock starts from, not the day you actually received it. So if the letter sat in transit for a few days you've already burned some of that window.

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Mine is dated two weeks ago and I got it maybe three days after that date, so I'm right at the edge now. Filing today for sure.

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Filing today is the right call. The appeal also doesn't have to be elaborate, it just has to be in writing and submitted through one of the official channels before the window closes.

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The in-person option at a Workforce Solutions office can be helpful if you want confirmation your paperwork was received, they can usually stamp it or give you something showing the date.

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My job also ended after a fixed season and I ended up calling TWC to ask about how the employer's response affected my claim. Got through using Claimyr after I couldn't reach anyone for three days straight. The agent told me exactly what documents I needed to gather before my appeal hearing.

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That's really useful. What documents did they say to pull together?

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In my situation it was anything showing I expected ongoing employment, like old texts about coming back next season, prior W-2s showing the same recurring pattern, and any written offer letter from the original hire. It really depends on the specifics of the case.

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Getting document guidance directly from an agent before the hearing sounds way more useful than trying to figure it out from the TWC website alone.

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Does the appeal hearing get recorded or anything? Like if the Hearing Officer rules against you, is there a transcript you can use for the next level?

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The hearings are recorded and the written decision from the Hearing Officer becomes part of the record for the next level, which is the Commission. If you go to the Commission level you have 14 days from the date of the Hearing Officer's written decision to appeal there.

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Good to know there's a record. That makes the process feel a little less like you're just at the mercy of whoever picks up the phone.

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The Hearing Officer is neutral, that's worth remembering. They're not there to protect the employer either. Just explain your facts clearly.

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For anyone who gets to the hearing stage: you're supposed to register your phone number for the hearing 15 to 60 minutes before it starts, not earlier. If you do it too early they apparently have to re-register. Learned that from the information packet they mailed me.

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That's oddly specific but good to know. Missing the registration timing sounds like it could cause real problems.

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The packet explains it but it's easy to miss if you're just skimming. I read mine twice because I was nervous about the whole thing.

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Saving that detail for when I get to that stage. Hopefully the appeal resolves before a hearing but I want to be ready.

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Used claimyr.com to get through to TWC when I was trying to figure out whether my payment requests were being received during my own appeal. The agent pulled up my account and confirmed all my requests were there and queued correctly. Took a lot of stress off during a pretty awful stretch of waiting.

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That kind of confirmation would be huge. I always wonder if the online submissions actually went through.

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That was exactly my fear. Having an agent say 'yes I see all five of your requests in the system' was way more reassuring than just trusting the portal confirmation screen.

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Update for anyone following this: I submitted my appeal through UBS today, right before the window closed. Included a summary of my work history with this employer going back three seasons, some old texts about returning in the spring, and my original offer letter that says nothing about the position being seasonal. Now I just wait for the hearing packet and keep filing payment requests. Thanks to everyone who helped me figure this out.

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That documentation sounds really solid. The pattern of returning each season plus a hiring letter that doesn't mention 'seasonal' is exactly the kind of thing that can flip a determination on appeal.

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Well done getting that in on time. The old texts about returning next season are probably the strongest piece since they show what the actual ongoing expectation was between you and the employer.

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Keep us posted after the hearing. The process from here takes some time but it sounds like you put together a real case.

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Good documentation. When the hearing comes, just walk through the same facts simply and clearly. You don't need a lawyer for the Appeal Tribunal level, just your own account of the working relationship.

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