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Paolo Moretti

If I am fired can I collect unemployment in Texas TWC?

So I got let go from my logistics job last week and I'm honestly still processing it. My supervisor called me in and said they were terminating me for 'performance issues' but honestly the whole situation felt really vague — they never gave me a written warning, never put me on any kind of improvement plan, nothing. I'd been there almost four years. Now I'm sitting here wondering if I am fired can I collect unemployment, or does getting fired automatically mean I'm disqualified? I always assumed if you got fired you couldn't get benefits, but a coworker mentioned that's not always the case. I went ahead and filed on UBS the day after my last day and it shows my claim is in adjudication, which I guess makes sense since there's a dispute about why I left. Has anyone actually been through this and gotten approved after being fired? I have no idea what to expect from the determination letter or how long this whole process takes.

Getting fired doesn't automatically kill your claim — that's the big thing most people don't realize. TWC looks at WHY you were fired, not just the fact that you were. If they let you go for something like downsizing, budget cuts, or reasons that weren't really about you breaking rules or doing something wrong on purpose, you've got a solid shot at getting approved. The word they use is 'misconduct' and it's a specific legal term in TWC's world. Things like violating company policy on purpose, breaking the law at work, or just flat-out neglecting your job when you're capable of doing it — those are what get you disqualified. Vague performance stuff that was never documented is a totally different animal.

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That's actually really reassuring to hear. So 'performance issues' as a reason isn't automatically misconduct in TWC's eyes?

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Right, TWC digs into the actual facts. The separation notice your old employer sends them will matter a lot, and you'll get a chance to tell your side too. Four weeks of patience is usually what it takes before you see any determination come through.

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My cousin went through almost exactly this last year — fired for 'not meeting expectations' with nothing in writing and TWC approved her. The adjudication process took about five weeks but she got paid back to week one.

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While you're waiting on that adjudication, don't forget you still need to be doing payment requests every two weeks. A lot of people think they should wait until the determination comes through before they start requesting, but that's how you lose out on weeks you're actually owed. Go into UBS and check the date on your payment request instructions letter — it'll tell you exactly when to start. And keep logging your work search activities too, because TWC can ask for that log at any time.

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Wait, I have to do work search activities even while I'm in adjudication? I hadn't started that yet.

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Yes, you need to register on WorkInTexas.com if you haven't already and start logging your required activities each week. How many you need depends on your county — TWC mails you a letter with your specific number, so watch for that.

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I did NOT know this when I was going through mine last year. I missed two weeks of payment requests while waiting to hear back and those weeks were just gone. Do not make that mistake.

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The work search piece threw me off too. I was in adjudication for almost a month and kept thinking I'd just handle everything once it resolved. Nope. Had to scramble to get caught up on the logs.

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Needed to reach TWC by phone to ask about adding information to my claim after I filed — my former employer gave them a totally different story about why I was let go and I wanted to make sure my side was documented. Used Claimyr (claimyr.com) to get through to an actual live agent without sitting on hold for three hours. There's a video showing how it works at https://youtu.be/V-IMvH88P1U. The agent I spoke with confirmed they had received my employer's response and walked me through what happens next in the adjudication.

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My situation is a little different — I was fired and I think my employer may have reported it as a voluntary quit. Would using that service get me to someone who could actually check what code my employer used when they filed their response?

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That's exactly the kind of thing the agent helped me with. They can pull up what's on your claim and tell you what your employer submitted.

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I've been trying to get through on the regular TWC number for two weeks. Might give that a try for my own claim.

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Can I jump in here because I think there's a misconception floating around in this thread? Someone said earlier that poor performance can never be misconduct — I want to push back on that a little because TWC's standard is actually whether you were capable of doing the work and just didn't. So if someone keeps making the same mistakes after being told multiple times and they're fully capable of doing it right, TWC might see that differently than a one-time honest error. The 'no documentation' thing the original poster mentioned is relevant, but it's not a magic shield.

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That's a fair correction. The way I'd put it: the question is whether you were able to do the job and chose not to, versus genuinely struggling. The original poster's situation — no written warnings, no improvement plan — still sounds more like the struggling category than the willful neglect one.

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This is what makes me nervous. I had some months where my numbers were down but it was during a period when our entire region was underperforming. I wasn't singled out for anything specific until the termination meeting.

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Regional performance issues affecting everybody is very different from individual misconduct. Document whatever you can about that context and include it when TWC contacts you for your statement.

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What does the adjudication status actually mean on UBS? My ex-roommate just filed after getting fired from a restaurant job and she keeps asking me and I honestly have no idea what to tell her.

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Adjudication just means TWC is actively investigating the reason for the job separation. They're collecting info from both sides — the claimant and the employer. It doesn't mean anything bad, it just means the case isn't cut-and-dry enough to auto-approve. Most firings go through it because the employer has a chance to say their piece.

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Okay that makes sense. She was freaking out thinking it meant she was about to be denied.

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Tell her to keep filing those payment requests on schedule regardless of what adjudication status says. That's the most important thing she can do right now.

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Four years at a company and they let you go with no paper trail? That's honestly suspicious on their end. When TWC reaches out to you for your statement, lay out that timeline — how long you were there, that there were never any formal disciplinary actions, and that the first time anyone used the words 'performance issues' was the day they fired you. That kind of history matters.

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I've been building out a timeline of exactly that. I also have emails going back two years that show I was receiving positive feedback from my direct supervisor, it just changed when we got a new regional manager six months ago.

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That email trail is gold. If you end up going to an appeal hearing, that's exactly the kind of documentation that makes a difference to the Hearing Officer.

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The appeal process is worth knowing about even if you get approved the first time. You have 14 days from the date on the determination letter to file an appeal if it doesn't go your way. Don't wait on that deadline.

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Genuine question — if TWC determines it was misconduct, is there any way to fix that? Like can you just file an appeal and explain your side or is the determination basically final?

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Appeals are absolutely the right move if you get a denial you disagree with. File within 14 calendar days of the date printed at the top of your determination letter — not the date you receive it, the date it was mailed. You do it through UBS, in person at a Workforce Solutions office, or by mail or fax. What happens after is a phone hearing with a Hearing Officer where you both get to present your case.

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14 days from the date it was MAILED, not received. That's a narrow window. Good to know going in.

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And keep submitting payment requests the whole time the appeal is processing. TWC only pays for weeks you actually requested on time — the appeal doesn't go back and fix missed requests.

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The hearing packet usually comes 5 to 10 days before the actual hearing, and you need to register your phone number 15 to 60 minutes before the hearing time. Miss that window and it complicates things.

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My brother went through TWC adjudication after getting fired from a warehouse gig last spring. The thing that really helped him was writing out a detailed response when TWC sent him the questionnaire about his separation. He didn't just say 'I disagree with my employer' — he wrote out specific dates, specific conversations, specific things his manager said. The determination came back in his favor about three weeks later.

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How specific did he get? Like did he include names of coworkers who might have witnessed things, or just his own account?

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Mostly his own account with dates and quotes as best he could remember them. He did mention a coworker's name once as someone who could corroborate a specific meeting but he said TWC didn't follow up on that directly.

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The specificity thing is huge. Vague general statements don't hold up as well as 'on this specific date my manager told me X and I responded by doing Y.

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FOUR WEEKS is the typical wait time?? I've been in adjudication for six weeks already and I'm losing my mind here. At what point does the wait become abnormal?

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Four weeks is a rough average but it can definitely go longer, especially if your former employer was slow to respond or if TWC needs to follow up for more information. Six weeks is on the longer side but not unheard of. The best thing you can do is check UBS daily since they update overnight.

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I've been checking every single day. It just says 'pending' on everything. I tried calling but cannot get through to anyone.

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For getting through on the phone, the service I mentioned earlier at claimyr.com got me to an agent when I couldn't get through any other way. Might be worth it if you need to actually talk to someone about your specific case.

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Six weeks of pending and I can't get a human on the phone. This is so frustrating. Going to try that.

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Does getting fired affect how much you'd actually receive per week if you do get approved? Like does the reason change the payment amount?

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No, the weekly amount is based entirely on your past wages, not on the reason you left your job. It's calculated from the highest earning quarter in your base period — roughly the first four of the last five completed calendar quarters before you filed. The separation reason only affects whether you're eligible at all, not the dollar amount.

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Oh okay that makes sense. So if I get approved the amount would be the same whether I quit or got fired?

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Exactly right. The only thing the separation reason determines is whether you get anything at all.

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I work in HR — wait no I'm going to rephrase that because someone's going to fact-check me. I used to work at a company where we did a lot of terminations and from what I saw, employers who respond to TWC with vague catch-all reasons like 'performance' without specific documented instances pretty often don't get the result they're hoping for. That's not a legal guarantee but it's just what I observed repeatedly.

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That's a little comforting honestly. My former company is big enough that HR probably handles dozens of these and might not spend a lot of time building a detailed case for every one.

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Bigger companies sometimes have that going against them, yeah. But don't count on it — make sure your own statement is as strong as possible regardless of what they do.

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This is a good point. Never assume the employer won't respond or will respond weakly. Build your own case as if the employer is going to be very specific.

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Can I ask about the base period thing? I only worked at this job for eight months. Does that mean I might not have enough wages in my base period to even qualify?

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Eight months could be enough depending on your earnings. The minimum is wages in more than one base period quarter and at least 37 times your weekly benefit amount. If your eight months spanned more than one calendar quarter and you were earning a decent wage, you might be fine. Best to just file and let TWC calculate it — they'll tell you if the wages don't meet the threshold.

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My eight months did cross two calendar quarters so that's something at least. I guess I'll just apply and find out.

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Definitely apply. TWC runs the calculation automatically and if you don't qualify they'll tell you why. No harm in finding out.

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Something that caught me off guard when I went through mine — my employer claimed I resigned voluntarily even though I clearly didn't. When I got the determination it was actually a denial because TWC initially took the employer's version. I won the appeal but it took extra time. The lesson I'd pass on is don't just answer TWC's initial questionnaire with a paragraph. Write as much detail as you have room for.

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How did you approach the appeal hearing? I've never done anything like a legal proceeding even informally.

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It's a phone call with a Hearing Officer who asks both sides questions. It's not as intimidating as it sounds. I just laid out exactly what happened in order and answered the questions honestly. The documentation I had helped a lot.

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No lawyer required either, though you can bring one if you want. Most people handle the first level appeal on their own.

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The hearing packet they mail you beforehand actually explains the process pretty clearly. Read it carefully when it arrives.

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Waiting week question — I keep seeing this mentioned on the TWC site and I'm confused. Does everybody have one week they just don't get paid no matter what?

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TWC holds back your first payable week — they call it the waiting week. It's not gone, but it doesn't pay out right away. You get it back after you've been paid twice your weekly benefit amount AND you either return to full-time work or run out of benefits entirely. If you go back to full-time work, you have to actually go into UBS or call Tele-Serv and request it; it doesn't release automatically.

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So if I go back to work before exhausting benefits I'd need to request it myself or it just sits there?

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Exactly. Go into UBS and look for the 'Request Your Waiting Week' option, or call Tele-Serv and use Option 2 then Option 4.

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My company tried to say I quit too — I definitely did not, they eliminated my position. This seems like a thing employers do hoping people won't push back. Push back.

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How direct is the TWC questionnaire about asking you to dispute the employer's version? Like does it give you room to explain or is it just yes/no questions?

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There's a section where you write out your own account. Use every bit of that space. Don't hold back thinking they want a short answer.

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If your position was eliminated that's straightforward — that's a layoff, not a quit and not misconduct. That should be a pretty clean path to approval once TWC sees the facts.

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What happens between when TWC makes a determination and when money actually shows up? I got approved last month and I've been waiting to understand the payment timeline.

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After you're approved and you've filed your payment requests, the money usually lands within two business days of each request being processed. It goes onto a ReliaCard debit card unless you set up direct deposit. The card itself can take up to 10 business days to arrive after your first payment is processed, so if you don't have it yet just wait — it's coming.

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I did set up direct deposit when I applied. Does that change the timeline?

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Direct deposit usually means you see the money even faster, often the next business day after a request is processed. Good call setting that up early.

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That first payment sometimes only covers one week even though you've been waiting weeks — that's normal. The first payment is typically just one week because the system processes it differently than the ongoing biweekly requests.

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Taxes on unemployment — does TWC take anything out automatically or do you get hit at the end of the year?

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Unemployment benefits count as taxable federal income. TWC doesn't automatically take anything out — but you can choose to have 10 percent withheld for federal taxes voluntarily. If you don't set that up and you're collecting for several months, you could owe at tax time. Worth thinking about.

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How do you set up the withholding? Is that in UBS somewhere?

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Yes, you can update your tax withholding preference in UBS. Worth doing sooner rather than later if you don't want a surprise in the spring.

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I skipped the withholding thinking it wouldn't be much and then owed more than I expected. If there's any chance you'll be collecting for more than a couple months, just set it up.

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Reporting part-time work while collecting is something nobody talks about enough. If you pick up any shifts while your claim is active you have to report those earnings on the payment request for the week you actually did the work — not when you get paid, but when you worked. And it's your gross earnings rounded down.

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I've been doing a few gig delivery shifts while I look for full-time work. How does gig work get reported — is it the same as regular wages?

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For self-employed or gig work you report your net profit, not gross. So what you actually cleared after expenses for that week.

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And you can earn up to 25 percent of your weekly benefit amount without it reducing your payment. Above that it starts eating into what you receive. Worth doing the math before turning down work.

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Used claimyr.com last week to reach a TWC agent about an overpayment notice I got — totally different situation from the original poster but the agent confirmed that my employer had reported my separation code wrong which created a downstream issue. Worth knowing the service exists for anyone who needs to actually talk to a human at TWC.

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An employer reporting the wrong separation code is exactly what I was worried about with my situation. Good to know there's a way to actually get through and check that.

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The agent was able to pull up exactly what code was on file and walked me through what to do next. Having that information directly made everything else make sense.

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Coming back to update: I filed three weeks ago and TWC just sent me their questionnaire about my separation today. So for anyone wondering about the timeline, it took about three weeks from filing to get the official questionnaire in my case.

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That's actually helpful to know — I'm at week two and was wondering when to expect contact from them. Gives me a better mental timeline.

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Fill it out carefully and completely. Don't rush through it.

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Three weeks before the questionnaire and then usually another few weeks after that for the actual determination. Budget your finances accordingly while you wait.

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Coming back with an update since several people have been sharing timelines. Week five now and I just got my determination letter — approved. The letter said the evidence didn't support a finding of misconduct since the employer's documentation was limited to general performance complaints without specific instances of willful conduct. I'm honestly relieved. For anyone going through this: the detail in my response to the TWC questionnaire really mattered, especially laying out the full history of never having received formal discipline.

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That outcome is consistent with how TWC typically handles vague performance-based terminations. Glad the documentation strategy paid off.

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This is a good update for everyone asking whether firings can get approved. Yes they can and often do when the employer hasn't built a solid misconduct case.

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Congrats. And for anyone reading this thread still in the middle of adjudication — hang in there, keep submitting those payment requests.

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The 'willful conduct' framing is key. That's really what TWC is looking for. Normal performance struggles that weren't willful don't meet the bar.

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