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.

I'm in a similar boat right now - got terminated from my office job for "poor performance" but it was really because I questioned some questionable billing practices. Filed last Monday and still waiting on my determination letter. From what I've read on here and other forums, the key factors seem to be: - No prior documented warnings (sounds like you're good here) - Whether you were given a chance to improve (doesn't sound like it) - If the employer can prove actual misconduct vs just not meeting their standards The fact that you didn't sign their termination papers and contested it from day one is huge. It shows you genuinely disagreed with their reasoning rather than just trying to get benefits after accepting fault. Keep requesting your payments every two weeks even while waiting - that's what everyone here says to do. And definitely start gathering any evidence you have (performance reviews, emails, inventory reports, etc.) in case you need to appeal. Hang in there - sounds like you have a solid case based on what others have shared about similar situations.

Based on what you've described, you actually have several strong factors working in your favor: 1. **No documented progressive discipline** - This is huge. TWC expects employers to follow proper disciplinary procedures before termination for performance issues. 2. **You refused to acknowledge fault** - Not signing the termination papers shows you contested their claims from the beginning, which demonstrates good faith on your part. 3. **Sudden termination after 3 years** - The timing is suspicious and suggests potential retaliation rather than legitimate performance concerns. 4. **You have evidence** - Solid inventory numbers contradicting their claims will be valuable if you need to appeal. Here's what to expect: TWC will likely conduct a fact-finding interview where they'll ask both you and your employer detailed questions. Be prepared to clearly explain that you had no prior warnings, your performance metrics were satisfactory, and you believe the real reason was pushback on their scheduling changes. Even if you get initially denied (which happens frequently with performance-related terminations), don't panic. The appeals process is where many people win these cases, especially when employers can't produce documentation of progressive discipline or clear performance standards that were communicated to the employee. Keep requesting your biweekly payments and document your work search activities. You've got a fighting chance here - stay positive but be prepared to advocate for yourself if needed.

I've been through a very similar situation and want to share some hope! I was fired from my accounting position for alleged "performance issues" after I reported some concerning financial practices to upper management. Like you, I had zero prior warnings and refused to sign their termination paperwork. Here's what I learned: TWC really does look at the totality of circumstances, not just the employer's stated reason. The fact that you: - Had 3 years of employment with no documented issues - Refused to sign acknowledging their claims - Can demonstrate your inventory was actually solid - Have a clear timeline showing this happened after you pushed back on their scheduling system These factors paint a picture of retaliation rather than legitimate performance termination. When TWC called me for my fact-finding interview, I focused on three key points: (1) I never received any warnings about my performance, (2) I was never given an opportunity to correct any alleged deficiencies, and (3) the timing coincided with me raising legitimate workplace concerns. I was initially denied but won on appeal. The hearing officer specifically noted that my employer couldn't produce any documentation showing I was aware my job was at risk or that I had been counseled about performance issues. Keep your chin up and continue requesting those biweekly payments. Document everything you can find that supports your version of events. You've got a stronger case than you might think!

I'm going through something really similar right now! Got fired from my retail supervisor job last month for "performance issues" but it happened right after I refused to make my employees work off the clock to meet corporate's new labor targets. Like you, I had zero documented warnings and my previous performance reviews were all positive. The good news is I just got my approval letter last week! TWC really does investigate these cases thoroughly. During my fact-finding interview, the examiner asked very specific questions about whether I had received any prior counseling or warnings about the issues they claimed led to my termination. When my employer couldn't provide any documentation of progressive discipline, it worked heavily in my favor. A few things that helped my case: - I kept copies of all my performance reviews showing satisfactory ratings - I had saved text messages from my district manager praising my work just weeks before the termination - I documented the timeline showing the firing happened immediately after I pushed back on their labor practices The key is being able to show TWC that this wasn't legitimate performance-based termination but rather retaliation. Your situation with the scheduling system pushback and the sudden appearance of "performance issues" after 3 years sounds very similar to mine. Stay positive and keep requesting those payments! Even if you get denied initially, the appeals process is where many of these cases get reversed. You've got solid grounds to fight this.

I'm dealing with almost the exact same situation right now! Got terminated from my warehouse supervisor position two weeks ago for "failure to meet productivity standards" but it really started after I questioned some safety shortcuts they wanted us to take. Zero documentation of any performance issues in my 4+ years there, and like you, I refused to sign their termination papers. The waiting is definitely the hardest part - I filed the same day as my termination and still haven't heard anything. Reading through all these responses is giving me hope though, especially seeing how many people won their cases on appeal even after initial denials. One thing I've been doing while waiting is requesting my complete personnel file from HR (they have to provide it within 31 days in Texas). I want to make sure I have copies of everything before they potentially try to add any retroactive documentation. Also been keeping detailed records of my work search activities just in case. Your case sounds really strong based on what everyone's saying - 3 years with no issues, refusing to sign the papers, and having actual data to contradict their claims. The timing after you pushed back on their scheduling changes is pretty telling too. Keep us posted on how it goes!