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Jade O'Malley

Do you get unemployment if you are fired in Texas? TWC claim help

Two weeks ago I got let go from my warehouse job where I'd been for almost four years. My manager called me in and said they were 'releasing' me - no written warning, no HR meeting, nothing. When I pressed for a reason they said my performance wasn't meeting expectations, but I'd never received a single write-up and my last review was actually decent. I didn't know whether to file for unemployment or just assume I'd be turned down automatically. So I went ahead and filed through UBS anyway because someone told me it's worth trying no matter what. Now I have a determination letter saying my claim is in adjudication while TWC contacts my former employer. I honestly don't know if 'performance issues' counts as a reason they can deny me or not. Anyone been through something like this after being fired? Did you end up getting benefits?

Week two of my own adjudication right now so I've been researching this constantly. From what I understand, TWC draws a line between getting fired for actual misconduct versus just not performing well enough. Things like breaking company rules on purpose, violating policies, or deliberately not doing your job when you're able to - that's what can get you denied. Plain old 'your numbers weren't high enough' is a lot harder for them to call misconduct.

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That distinction actually makes me feel better. I never broke any rules or did anything on purpose. They just said my pace was too slow at the end, which felt like a moving target.

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My cousin went through almost exactly that situation last year. The employer said performance, TWC approved the claim because there was no documented policy violation. The determination letter explained the whole reasoning.

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Did your cousin have to do anything specific to help their case or did TWC just decide from whatever the employer said?

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Adjudication at week three for me and I want to flag something that might actually matter for your situation - TWC reaches out to your former employer and gives them 14 days to respond with their side. What the employer actually says in that response can shape things a lot. If they just say 'performance' without documenting any specific policy you violated, that works differently than if they hand over a whole paper trail.

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I had no idea the employer gets to respond like that. Fourteen days feels like a long time to wait on top of everything else.

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The four-week total timeline from application to first decision is what TWC generally describes. Adjudication is baked into that window, not on top of it, usually.

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Not always though - mine went six weeks because my employer filed their response super late and TWC had to follow up with them again.

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Used claimyr.com last week to get through to an actual TWC agent about my own fired-for-attendance claim. I'd been trying the regular phone line for days and kept hitting a busy signal or getting disconnected. The agent I finally spoke with confirmed my claim was still processing and told me my employer had submitted documentation. Worth trying if you're at a point where you just need to know what's sitting on your file - there's a video walkthrough at https://youtu.be/V-IMvH88P1U if you want to see how it works before you try it.

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Attendance was your reason for firing? Did TWC end up approving or denying, if you don't mind me asking?

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Still waiting on the determination but the agent said the file looked complete, which I guess is a good sign. At least I know it's moving.

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My first week of job hunting after being let go and I've been scared to call TWC at all. Might look into that for when I need to follow up on my own filing.

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Something I want to be clear about because I see people get this wrong - adjudication is not an appeal. Adjudication happens before any decision is even made. An appeal is what you file AFTER you get a determination you disagree with, within 14 days of the date printed on that letter. Those are two separate stages and they work completely differently.

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Fifth day after getting my determination letter and I was literally about to call adjudication the same thing as an appeal. Thank you for saying this clearly.

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The determination letter date is what matters for that 14-day clock, not when you actually receive the letter in the mail. Worth noting because mail can take a few days.

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So if I get denied I have 14 calendar days from the date at the top of the letter, not from when it shows up in my mailbox. Got it.

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My layoff was three months back and I got approved pretty quickly, but my situation was clearly a no-fault reduction in force. A firing is messier and honestly I think it comes down to whether the employer can point to something specific you did wrong versus just saying they were unhappy with your output. Vague 'performance' language without documentation has a harder time holding up.

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They never gave me anything in writing ever. The whole conversation was verbal and I didn't even get a termination letter, just a final paycheck.

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Document that for yourself right now - dates, what was said, who said it. If this goes to appeal you'll want your own record of what happened.

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Paper trail cuts both ways but yeah if you've got nothing on paper from them it's hard for them to suddenly produce a whole misconduct file.

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First payment request submitted this morning and I wanted to remind anyone reading this that you keep filing payment requests on schedule even while adjudication is happening. You don't wait for the decision to come through. TWC can only pay weeks you've actually requested, so if you pause while you're waiting to hear back you could end up with unpaid weeks you can't get back.

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My mailed instructions said my first request date was about two weeks after I filed. I've been keeping up with it but good reminder for anyone who doesn't know that.

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My first week I totally thought I had to wait for approval before doing anything else. Almost missed a payment request window because of it.

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The two-week payment request cycle is the thing that trips people up the most. Set a calendar reminder and treat it like a bill due date.

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Is it true that you can still file a payment request on Thursday through Saturday if you missed your Sunday through Wednesday window? I read that somewhere but wasn't sure.

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Yes, that's right. Sunday through Wednesday is the main filing window, but if you miss it you have Thursday through Saturday of that same week as a backup. After that the week is gone.

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Day one of researching what fired actually means for unemployment - I got let go last Friday and I've been going in circles trying to figure out if I even qualify to file. Reading this thread is the most useful thing I've found.

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File as soon as possible regardless of uncertainty. The claim starts on the Sunday of the week you apply and TWC cannot go back and pay weeks before that date. Don't wait while you're trying to figure out if you'll be approved.

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Filing today then. I had no idea about the Sunday start date, I thought you could backdate it.

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Nobody can backdate it, that's just how the system works. Every week you delay is a week you won't get paid for even if you're fully eligible.

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My HR background made me think I'd sail through this process but honestly TWC adjudication has its own logic that doesn't follow what employers expect either. What matters is what TWC's framework says, not what the company's internal HR manual says about performance management.

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That's actually reassuring in a weird way. The company feels like they had all the power in the room when they let me go, but TWC looks at it differently.

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Exactly. Your former employer making the call to fire you doesn't automatically mean TWC sees misconduct. Those are two separate determinations by two separate parties.

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Week six of benefits hitting my ReliaCard and I want to give some hope to people who got fired and weren't sure about filing. I was let go for 'not being a culture fit' which felt like a firing offense when they said it. Got approved. The employer responded to TWC but apparently didn't provide documentation of any actual policy violation, so TWC approved my claim. File, do your work search activities every week, keep requesting payments.

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Culture' fit sounds even vaguer than what they said to me.'That s genuinely encouraging to hear you gotapproved.

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Culture fit is basically the softest possible reason an employer can give and it almost never meets the bar for misconduct under TWC's framework.

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My work search requirement was three activities per week based on my county. Make sure you check the letter TWC mails you because the number varies depending on where you live - it's not the same for everyone.

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Something that tripped me up was thinking I could explain my side of things to TWC proactively right after filing. TWC collects info from both sides during adjudication and you'll get a chance to tell your story if they reach out. If it goes to appeal, that telephone hearing with the Hearing Officer is where you really lay everything out.

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Has TWC reached out to you during adjudication to ask questions? Or did they just get everything from the employer's response?

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They contacted me once by mail asking for some clarification about my last day. Not everyone gets that - sometimes they have enough between your application and the employer's response.

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My appeal hearing was about seven weeks after I filed my appeal - the hearing packet comes in the mail five to ten days before, and they tell you to register your phone number fifteen to sixty minutes beforehand. The whole thing happens by phone.

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Two months in and I want to correct something I've seen float around in other threads - some people say that if you get fired you automatically lose benefits no matter what. That's just not how it works. The firing has to be for misconduct specifically, and TWC defines that in a way that excludes a lot of things employers call 'performance issues.

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My mom told me the exact same thing - that fired always means no benefits. She was surprised when I got approved.

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It's a really widespread assumption. Worth filing even if people around you say not to bother.

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The amount of people who don't file because they assume they won't qualify is actually kind of wild. The worst that happens is you get denied and then you appeal.

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My determination came in after about four and a half weeks and I got approved after being fired for what they called 'ongoing performance deficiencies.' The letter from TWC explained that there was no evidence I'd willfully or deliberately neglected my duties, which was basically their way of saying performance alone wasn't enough. Interesting to see it spelled out that clearly in an official document.

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Willfully or deliberately' neglected - that phrasing tells me a lot about the bar'they re applying. I definitely'wasn t doingthat.

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That was the key line in my whole determination. Keep the determination letter when it comes - it explains the reasoning in plain enough language that you can actually understand what they decided and why.

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If anyone does get denied, that reasoning in the determination letter is exactly what you'd pick apart in an appeal. The letter tells you what TWC found and you respond to that specific finding.

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Registered on WorkInTexas.com the same day I filed my claim because someone told me it's required. Didn't realize it was actually mandatory until I got a letter from TWC confirming my work search requirement. For anyone who hasn't done it yet - register there and start logging your job search activities from week one.

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I did register there but honestly I wasn't sure how seriously they check the work search log. Is it really audited?

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TWC says they can ask for your log at any time. I keep mine updated every week even when it feels tedious. Not worth risking benefits over.

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The work search number varies by county - could be anywhere from one to five activities per week. The letter TWC mails you will have your specific number. Don't guess, check the letter.

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Used claimyr.com to get through to TWC about a wage question on my claim - mine involves some side gig income I wasn't sure how to report. The agent walked me through how to handle reporting gross earnings from that work week by week. Would've taken me forever to get that answer otherwise.

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I do have a little freelance work I've been picking up since I got fired. How did they tell you to handle reporting that?

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For self-employed work you report net profit not gross. The agent was clear about that. Anything you earn matters though - gig work, side jobs, reselling, all of it has to go on the payment request.

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There's also a threshold where you can earn up to 25% of your weekly benefit amount without it reducing your payment. Above that it starts getting deducted dollar for dollar above that 25% mark.

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My appeal was decided in my favor last month after being initially denied for a firing and I want to say - the telephone hearing is not as scary as it sounds. The Hearing Officer asks both sides questions in turn. Having a clear timeline of events and anything you can point to as documentation of your situation helps a lot. You don't need a lawyer.

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Good to know going in that it's manageable. I'm hoping I won't need to appeal but it's less terrifying knowing what the process looks like.

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Keep requesting payments the whole time the appeal is processing too. A lot of people stop because they think there's no point while it's pending. TWC can only pay weeks you've requested on time.

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My fourth week post-appeal and still waiting on the written decision. The agent told me five to ten working days after the hearing. It's been six so far.

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Something worth knowing for anyone getting into the work search requirements - 'suitable work' means in the first eight weeks you're supposed to accept jobs that pay at least 90% of what you normally made. After eight weeks that threshold drops to 75%. So you don't have to take a massive pay cut right away but you can't be too picky for too long either.

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I had no idea there was a time-based sliding scale on that. Eight weeks sounds short when you're in the middle of a job search.

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It goes fast. I'm already past week eight on my own claim. The job market in my area is rough so 75% feels like it might be hard to avoid.

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The requirement is that you be able and available for full-time work every week regardless. If something changes in your availability you need to report that because it can affect eligibility for that week.

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My base period wages question got answered when my determination came in - for anyone confused about how TWC calculates what you'll get, the weekly benefit amount comes from your highest earning quarter during the base period divided by 25. The base period is typically the first four of the last five completed calendar quarters before you filed. The maximum weekly amount right now is $619.

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I actually didn't know there was a cap. My highest quarter was decent so I was hoping for something close to the max.

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The cap is $619 for claims from October 2026 on. And then there's also a maximum total benefit amount - it's either 26 times your weekly amount or 27% of all your base period wages, whichever is less. So the weekly amount matters but so does the total pool.

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Can you receive benefits for a full 26 weeks straight or does it depend on how much you earned before?

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You're entitled to 26 weekly payments at most, but only if your base period wages support that. The 27% of base period wages cap can cut it short if your earnings were lower. And all of it has to be used within the 52-week benefit year that starts when you file.

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Waiting on a letter about my own situation and I want to add - for anyone reading this who thinks the fired-equals-denied thing is a hard rule, it genuinely isn't. I got fired from a retail job and was initially nervous to file at all. Approved in four weeks. The key was that I hadn't violated any written policy and they couldn't produce anything specific when TWC asked.

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How did you find out they couldn't produce anything? Did TWC tell you that in the determination letter?

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The determination letter explained their reasoning and mentioned that the employer's response didn't include documentation of a specific policy violation. That was the basis for the approval.

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Got my determination last Thursday and I wanted to flag the taxes situation for anyone who hasn't thought about it yet. Unemployment benefits count as taxable federal income. You can elect to have 10% withheld automatically, which I did because I didn't want a surprise at tax time. TWC mails a 1099-G in January and you can also find it in UBS.

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I hadn't thought about taxes at all. 10% withheld sounds like the safer choice if you can afford the smaller payments.

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It's voluntary so it's your call. But knowing about the 1099-G ahead of time is useful - some people are caught off guard by it in January.

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The withholding option is in UBS when you're setting up your payment preferences. Easy to turn on when you're first getting started.

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My situation going into week five with no determination yet - mine involved being fired AND having some severance paid out. I called TWC about the severance because I'd heard it could affect things, and the agent said you have to report it when you apply and again on payment requests when asked about income from other sources. TWC mails you a separate decision on how the severance affects your benefits.

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I did get a final paycheck but no severance deal. Good to know about reporting though - my payment requests do ask about other income.

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Wages paid instead of notice are different from severance and can stop benefits during that period. If you got anything beyond your regular last paycheck, worth checking with TWC directly.

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The reporting requirement on payment requests is real - every request asks about income from other sources and that includes anything you received related to leaving the job. When in doubt report it and let TWC sort out what it means.

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Eight weeks into my claim and still got an overpayment notice two months ago from a previous claim. Learning everything the hard way. If TWC ever sends you an overpayment notice, do not ignore it. You can appeal within 14 days of the date on that letter if you think it's wrong. If you owe it, they will collect - they can keep future benefit payments, intercept federal tax refunds, and there's no hardship exception, they have to recover it.

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That's scary to think about. So there's no way to get it forgiven even if it was an honest mistake?

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No forgiveness, no hardship exceptions, nothing. TWC has to recover it no matter what. The only move is to appeal if you think the amount is wrong, or set up a payment arrangement from the billing statement. Any amount you send gets applied.

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Using Claimyr to call TWC when I got my overpayment notice was the most useful thing I did - the agent explained exactly what triggered it and walked me through the payment schedule options. Way better than trying to parse the letter alone.

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