If I get fired after giving two-week notice can I get unemployment in Texas?

Nothing in writing, just the verbal call from HR. They said they'd send a separation letter but I haven't received it yet. Should I wait for that before filing?

Don't wait. File as soon as possible because your claim starts on the Sunday of the week you apply, and TWC can't go back and pay weeks before that date. You can always give them more documentation later.

Agreed, file now. The separation letter might actually help your case but it won't be required to get the application submitted.

That's not quite right though. The person above's situation is different from a straight quit. They gave notice but the employer ended the job before the notice period was done, so TWC looks at who actually caused the final separation on the last day worked. If the employer sent them home early, that's a discharge.

Oh I didn't realize the timing of who ended it was the thing that mattered. That makes more sense.

Yeah there's a real difference between walking out and being walked out. TWC figures out which one actually happened last.

That's really helpful, I've already been trying to call TWC this morning and getting nowhere. I'll check that out.

I need to call TWC too about a totally different issue with my payment requests. Gonna try that.

The phone lines have been brutal lately. Good to know there's a way to actually get through.

That framing really helps. So I should describe it as a discharge when I apply, not as a resignation?

Describe it accurately — you gave notice and were let go before the notice ended. TWC will figure out the category from there. Don't try to frame it one way or the other, just lay out what happened in the right order.

This is the clearest explanation I've seen on this. The chronology of events genuinely matters in how TWC classifies the separation.

Yes that box had me stressing. I ended up writing a full timeline in the comments section. Hoping someone actually reads it.

they do read it, it goes to an adjudicator who reviews the specifics. your former employer also gets contacted and has 14 days to give their side. so putting your version clearly on record from the start matters.

Dated it like a timeline was the right move. I did that on mine and I think it helped the adjudicator follow what happened.

Having a future job lined up doesn't disqualify you from covering the gap weeks. You're still unemployed right now. Just make sure you do your required work search activities every week you're claiming — TWC mails each claimant a letter saying how many activities are required per week in your county, and you need to keep a log of those. Eligibility each week is its own question.

Oh interesting I didn't realize you had to keep doing job search stuff even if you already have something starting. Makes sense though I guess.

Yeah the work search requirement doesn't pause just because you know something is coming. Keep the log regardless.

That's genuinely reassuring to hear. I was worried the employer would fight it and TWC would side with them automatically.

They told her side, TWC heard it, and the fact that the company chose not to let her work out her notice was pretty clear from the records. Keep any emails or texts from that period just in case.

TWC figures your weekly benefit amount by taking your highest earning quarter from the base period — that's the first four of the last five completed calendar quarters before your claim — and dividing it by 25. The range right now for new claims is somewhere between $76 and $619 a week. So it won't replace your full salary but it's something for the gap.

Ahh okay so it's based on past earnings not current salary. Good to know.

Also worth knowing that the very first payable week is held back as a waiting week. You'll see it eventually but it doesn't come with the first payment.

I do have some accrued PTO they said they'd pay out. I'll definitely report it. I didn't realize the payment requests asked about that every time.

Yep, every payment request has income questions built in. Report whatever you got during that Sunday-to-Saturday week even if it was for work from before.

Texas doesn't call it a weekly claim or a weekly certification. The correct term here is payment request, and you file one every two weeks — it covers two weeks at once and you answer questions about each week separately within the form. You can do it in UBS online or on Tele-Serv by phone.

oh okay so it's every two weeks not every week got it

Yeah TWC's terminology trips a lot of people up. Payment request every two weeks, covers two weeks, ask about each week inside it.

I did register there, I actually had an account already from a previous job search. Hopefully that carries over fine.

It should be fine. If the account already exists it may just need to be updated with current info.

Good call flagging this, I forgot to register when I first applied and it did cause a delay.

Already did this. I sent myself an email right after the HR call with every detail I could remember. Good instinct to do that early.

Smart. If it goes to a hearing those contemporaneous notes carry real weight. Hopefully it doesn't come to that but good to be prepared.

Agreed on this. And if it does go to an appeal hearing it's a phone call with a hearing officer who goes through the evidence with both sides. Way less intimidating than it sounds.

That's worth its own thread honestly but yes, the core issue is the same: who actually caused the final separation. If your position was eliminated and you were told not to return, that sounds like a layoff regardless of what the employer is calling it. File and explain clearly what happened.

I filed but I'm worried because the employer submitted their side first and I haven't heard anything yet. Guess I just wait for the determination?

You'll get a written determination mailed to you for each issue TWC is looking at. Can take around four weeks from when you filed. Keep making your payment requests on schedule so you don't miss payable weeks while you're waiting.

Yeah it's rough. First payment usually comes around four weeks after you apply and it typically only covers one week the first time, which always feels like nothing after waiting that long.

ONE WEEK after a month of waiting. The system is not designed for people who have rent due.

The waiting week thing adds to the frustration too. You have to get paid twice your weekly amount before that first week they held back actually shows up.

I tried it this afternoon actually. Worked well, got through to someone and was able to ask about the notice period situation directly. The agent confirmed that employer-initiated early termination of a notice period is classified as a discharge on their end.

That's exactly what you needed to hear from them directly. Good that you got confirmation.

That's a relief for you — having the agent say it out loud feels more solid than reading it on a forum.

Discharged or fired is probably the closest fit since the employer made the last move. Then use the text field to explain that you had given voluntary notice for a later date and were let go early by the company's choice. The adjudicator is used to seeing these situations and the narrative you write matters as much as the dropdown.

Makes sense. The text field is where the nuance lives.

That does happen. The employer gets mailed a notice and has 14 days to respond. If they don't, TWC works with the information it has, which in a case like this would be the claimant's explanation of events.

She said they never responded at all and her approval came through before she even expected it.

Don't count on it but it's definitely a possible outcome. File, explain well, and hope they don't engage.

This is so important and not obvious at all. I would have waited for the decision thinking there was no point requesting payment if it hadn't been approved yet.

Super common mistake. The payment requests run on their own track separate from the determination. File them on schedule regardless.

Filing days are Sunday through Wednesday by the way, with a makeup window Thursday through Saturday if you miss it that week.

Good reminder, I will absolutely do that. I just want to cover the gap, not accidentally overclaim.

Honestly that's exactly the right mindset. Cover the gap, report accurately, and you should be fine.

Theoretically an employer can claim whatever they want in their response, but TWC's definition of misconduct is things like breaking company policy, breaking the law, neglecting the job, or doing the work badly when you were capable of doing it right. Giving proper notice and working until they stop you doesn't fit any of those. The employer would have a hard time making that stick.

Okay that makes me feel better for the OP. Giving notice is kind of the professional thing to do and it'd be wild if that could backfire as misconduct.

right like the whole point of giving notice is to be responsible about leaving and it would be insane if that was used against you

Already used it and can confirm it worked. Got my question answered directly by a TWC agent.

Good to know for future situations. The hold times on the main line are genuinely unworkable sometimes.

Will update when I get the determination. Applied yesterday, started my work search log, found the payment request date in the letter. Feeling a lot more prepared now than I did when I posted this.

That's the right setup. You've done everything you can do from your end for now.