Fired for performance issues - will TWC approve my claim? Determination letter coming tomorrow

Whether you'll be approved depends on the specific details. TWC generally considers performance-based terminations on a case-by-case basis. The key factor is whether your performance issues were within your control or not. If you can show that you were genuinely trying to meet expectations and the goals were unreasonable or constantly changing, you may have a good case. When you get your determination letter, read it carefully - it will explain TWC's decision and your appeal rights if they deny your claim. Also, while waiting for the determination, make sure you're submitting your payment requests on your assigned day and completing your 3 required work search activities each week. Document everything in case you need to appeal.

got denied for similar reasons last year but won on appeal. just make sure u save EVERYTHING. emails bout changing targets are gold!!

THEY WILL DENY YOU!!! TWC sides with employers 99% of the time!! My company fired me for "performance" but it was really because I took medical leave and they didn't want to accommodate my restrictions. TWC rubber-stamped their BS reason and denied me! Took me 3 MONTHS of appeals to finally get approved. The whole system is BROKEN! Still can't believe they get away with treating people like this when we're at our most vulnerable. Make copies of EVERYTHING and be prepared for a fight!

I went through almost the exact same situation in December. Sales targets that were impossible to hit, constantly changing metrics, and got fired right before the holidays. The key to my approval was proving the targets were unreasonable and changed frequently. When I got my determination letter, it initially said I was disqualified because of "misconduct" (which performance technically falls under). I immediately filed an appeal and submitted emails showing the changing targets plus my actual performance numbers showing I was consistently around 75-85% of goal. BTW - while waiting to reach TWC during my appeal, I used Claimyr (claimyr.com) to get through to an actual human at TWC instead of waiting on hold forever. They got me connected to a TWC agent in about 20 minutes when I'd been trying for days on my own with no luck. They have a video demo here: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh that shows how it works. Totally worth it to actually talk to someone who could explain what was happening with my claim.

my brother got fired 4 performance 2 and he got approved so dont worry 2 much. twc knows companies make up stuff all the time lol

When I got fired last year my determination letter took 3 weeks not 1 day! Anyone else have it come that fast? Seems weird to me.

Quick update for you: performance-based terminations are typically handled as misconduct cases, but there's an important distinction in Texas law. If you were genuinely trying to meet the standards but simply couldn't despite your best efforts, that's usually NOT considered misconduct. Misconduct requires some element of willful disregard or negligence. When you get your determination letter, if they deny you, you'll have 14 calendar days to appeal. During appeal, focus on these points: 1. You made consistent efforts to meet standards 2. The goals changed frequently (provide documentation) 3. You were meeting a reasonable percentage of the goals 4. You never intentionally underperformed And keep doing your payment requests while appealing! Many people win on appeal even after initial denial.

One other important thing to remember is that if your determination letter approves your claim, your employer still has the right to appeal that decision. They have the same 14-day appeal window that you would have if denied. So even if you're approved tomorrow, don't spend all the money right away, as there's still a possibility your former employer could contest it. About 30% of employers appeal initial determinations that favor the employee, especially in performance-related cases. That said, in my experience as someone who's helped many people through this process, reasonable performance goals that were constantly changing often results in approval if you can document those changes. The key is demonstrating that you were making a good faith effort to meet expectations.

UPDATE: Got my determination letter today! I was APPROVED!!! The letter said something about "insufficient evidence of misconduct" and that my "inability to meet performance standards alone does not constitute misconduct." Thank you all so much for your help and advice! I'm going to keep documenting everything in case my employer appeals, but for now I'm just relieved. My payment request day is Monday, so I'll be doing that and making sure I keep up with my work search requirements (already applied to 5 jobs yesterday just to be safe). This forum has been a lifesaver - I was so stressed I could barely sleep last night!