Fired for 'work performance' - TWC approval chances when I never agreed with reason?

You actually have a decent chance here. TWC doesn't automatically side with employers - they investigate. 'Performance issues' is a gray area that depends on several factors: 1. Was there documented progressive discipline? (warnings, write-ups) 2. Were you aware of the performance standards you allegedly failed to meet? 3. Can you prove the employer's claims are false? If you had no prior warnings and can demonstrate their claims were unfounded, TWC often rules in your favor. Not signing the termination document works in your favor too - it shows you contested their version from the start. When your employer responds to TWC, they'll need evidence of your poor performance. If they can't provide documentation showing you were warned and failed to improve, their case weakens substantially. Be prepared to clearly explain your side during any fact-finding interviews.

I went through almost the EXACT same situation last year!!! I was a retail manager 'fired for performance' but it was really because I wouldn't let them schedule me 60+ hours with no overtime pay. They made up a bunch of stuff about my register balances being off. I thought I was gonna get denied but TWC actually approved me! The interviewer asked if I had any prior warnings for the same issues and I said no. Then they asked the company for proof of my 'performance problems' and they couldn't provide any documentation except the final termination notice. Don't stress too much yet - wait for your determination letter. Even if you get denied at first, APPEAL IT! I know so many people who won on appeal when they could show the firing was bogus.

they denied me 4 performance and i had to appeal and won but took 2 months. texas always sides with businesses first trust me

The big question is whether your employer can prove "misconduct" - which has a specific definition for TWC. Poor performance alone isn't automatically misconduct. TWC defines misconduct as willful disregard for employer interests or duties. If they fired you just because you weren't meeting arbitrary standards they never clearly communicated, that's NOT misconduct under TWC rules. If you were genuinely trying to do your job correctly but they claim you weren't good enough, you should qualify. Make sure when they call for the fact-finding interview, you explain: 1. You had no prior warnings about performance issues 2. You were never given a chance to improve 3. You believe the real reason was [pushing back on the scheduling system] Be prepared for an appeal though - these cases often get denied first, then reversed on appeal when you can present more evidence.

just fyi i'm waiting for my determination letter too after filing last week... the customer service rep told me it could take up to 21 days right now because they're backed up. just so you know what to expect

I tried calling TWC like 50 times yesterday trying to check on my claim status for a similar issue (fired for "attendance" when I had approved time off). Their line is CONSTANTLY busy and I keep getting disconnected. Super frustrating when you're already stressed about money! I finally used this service called Claimyr that got me through to an actual TWC agent in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent I spoke with was really helpful explaining my options and updating my claim. Their website is claimyr.com if you need to actually talk to someone at TWC. Worth it to not spend all day hitting redial!

Your experience is why I always tell people to document EVERYTHING at work. I hope you saved emails or texts that show you were doing your job correctly. For inventory issues, did you keep any records showing your numbers were good? When TWC calls you for the fact-finding interview (they'll do this before making a determination), make sure you clearly state: - No prior warnings were given - Your actual performance metrics were satisfactory - You believe the termination was retaliatory for [challenging the scheduling system] Stay professional and stick to facts. DO NOT trash talk your former employer no matter how tempting. Also, request copies of your personnel file and performance reviews ASAP before they potentially "update" anything.

One specific tip: during your fact-finding interview with TWC, use the phrase "I made a good faith effort to meet all job requirements" and mention that you were never informed your job was in jeopardy. These specific phrases are relevant to how TWC evaluates cases. Also, if your determination is initially unfavorable, you have 14 calendar days to appeal. The appeal hearing is conducted by phone with a hearing officer and has a more formal process where both sides present evidence. Many people win at this stage who were initially denied. Make sure you're continuing to request payment every two weeks while waiting for determination, and completing your work search activities (minimum 3 per week). Keep detailed records of all your work searches.

For your work search activities while waiting for determination: 1. Make sure you're doing at least 3 documented work search activities per week 2. Register with WorkInTexas.com if you haven't already (this is required) 3. Keep detailed records of all applications and contacts (company name, position, date, contact method, follow-up) A determination should come within 21 days, but with current backlogs it might take longer. Until then, you won't know if you're approved or denied, but you should continue requesting payments on your assigned day every two weeks. If approved, you'll receive payment for those weeks (minus the waiting week). And remember - even if initially denied, many people win on appeal, especially in situations like yours where there's no documented history of progressive discipline.