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AstroAce

If I get fired for being late can I collect unemployment in Texas?

So my boss called me in yesterday and basically told me one more late arrival and I'm done. I've been with this logistics company for about four years and honestly my schedule got messed up when I moved further away from the warehouse back in October. I tried to work out an earlier shift but management said no. Now I'm sitting here wondering what happens to my TWC claim if they actually follow through and let me go. Being late isn't exactly the same as stealing or punching someone, right? Like does Texas TWC treat tardiness as misconduct and just deny you automatically, or is there some gray area? Has anyone been in this situation and actually gotten approved?

Used claimyr.com last month because I had to sort out my own claim after getting fired for attendance issues. Couldn't get through to TWC on my own for like two weeks straight. Claimyr handled the hold for me and connected me to a live agent once someone picked up — there's a demo at https://youtu.be/V-IMvH88P1U if you want to see how it works. The agent told me my specific situation was going to adjudication because my employer said I had three written warnings before the termination. That detail mattered a lot for how TWC looked at the whole thing.

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AstroAce

Author

Two weeks trying to get through — yeah that's exactly what I'm afraid of. Did the agent say whether the number of warnings changes the outcome?

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Attendance write-ups seem to come up a lot in these cases. The employer response to TWC probably mentions them too.

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The agent said TWC looks at whether the company followed its own disciplinary process. Having those warnings on file apparently matters quite a bit to how they rule.

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TWC doesn't have an automatic disqualification list. Being fired doesn't mean you're out — it depends on whether your employer can show your lateness crossed into what TWC considers misconduct. Misconduct in TWC's world means things like breaking company policy, breaking the law, or just being unable to do the work when you actually could. Chronic tardiness after written warnings usually gets categorized as violating company policy, which can count as misconduct. But a few late arrivals with no documentation on the employer's side is a very different situation.

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AstroAce

Author

They gave me one written warning about six months ago and I thought the issue was resolved. Would that one warning be enough for them to disqualify me?

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One warning from six months back is a lot thinner than a progressive discipline file. Your employer still has to respond to TWC's notice, and what they put in that response shapes the whole adjudication.

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This is the part people miss — the employer gets 14 days to respond to TWC after you file. Whatever they say in that response is basically their case against you.

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My cousin went through almost exactly this last year. Got fired from a distribution center for tardiness, filed with TWC, and actually got approved. The key thing in his case was that he had documentation that he'd requested a schedule change and the company denied it. TWC apparently factored that in when deciding whether the lateness rose to the level of misconduct. No promises for your situation but it's not an automatic denial.

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AstroAce

Author

Wait, the fact that he tried to fix it actually helped his case? I did ask my manager about shifting to an earlier start time and was told no. Wish I had that in writing.

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Yeah the documentation piece is huge. Even an email thread showing you asked would be better than nothing.

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Even a text message exchange could matter. Keep everything you have from your phone.

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FOUR YEARS at that company and they won't even adjust your start time by like an hour?? The system is so rigged. Even if TWC approves you they drag it out for weeks and meanwhile bills don't stop. File the second you're actually let go, not before, because the claim starts the Sunday of the week you apply and they cannot go back and pay earlier weeks.

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AstroAce

Author

I keep seeing that advice about filing right away. I was going to wait until I knew for sure if I was fired but sounds like that's a mistake.

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Waiting costs you money. File immediately on the day it happens or the very next day.

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To add a small correction to the above — file as soon as you're unemployed but not before your actual last day of work. The same-day or next-day advice is right.

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Adjudication is just TWC's review process when there's a question about why you left or were let go. It doesn't mean you're disqualified, it means they haven't decided yet. During that whole waiting period, keep submitting your payment requests every two weeks on schedule — that's how TWC pays out the weeks once they do approve. Missing a payment request means you just don't get paid for that period even if you win the adjudication.

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AstroAce

Author

So I still request payments even before I know if I'm approved? That feels weird but okay.

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Exactly right. The payment request and the eligibility decision are separate tracks. File on schedule regardless.

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So many people miss payments because they think they have to wait for the green light first. You don't.

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There's something worth knowing about how TWC classifies the reason for termination. If your employer codes it as a policy violation due to attendance, TWC will look at whether the policy was clear, whether you knew about it, and whether the discipline was consistent. If the company fired someone else for the same thing last year and handled it differently, that inconsistency can actually work in your favor during the adjudication.

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AstroAce

Author

How would I even find out if they applied the policy differently to other employees? That feels like information I'd never have access to.

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You probably won't have direct proof, but if you know coworkers in similar situations who didn't get fired, mentioning that when TWC contacts you for your statement could matter.

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TWC gives both sides a chance to give their account. Use yours carefully and be specific about what happened.

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Just to be clear for anyone reading this who might be confused — there's a difference between getting fired and quitting. If you quit because of the schedule situation before being fired, TWC treats that completely differently. Quitting usually means no benefits unless you had what they call good cause connected to the work itself. Getting fired puts you in a much better position to at least be reviewed.

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AstroAce

Author

No I haven't quit, still showing up. I want to be clear I'm waiting to see if they actually follow through.

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Good. Keep showing up until they officially let you go. The separation reason on paper matters a lot.

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Someone I know quit before waiting to be fired thinking it would be cleaner. Big mistake for their TWC claim.

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Benefits wise — your weekly amount is based on your highest earning quarter in the base period divided by 25, and the max TWC pays is $619 a week for claims from October 2026 on. The base period for a claim you file right now would be roughly July 2025 through June 2026. So your four years of wages there count if they fall in that window.

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AstroAce

Author

Four years but only the most recent period counts? So my earnings from 2022 and 2023 basically don't factor in?

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Right, only the first four of the last five completed calendar quarters before you file. Earlier years don't come into the calculation.

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The base period question is one of the most confusing parts of the whole system. At least TWC shows your wage history when you log into UBS.

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Worth knowing about the waiting week — TWC holds back your first payable week. You don't lose it, but it only gets released after you've been paid twice your weekly amount AND you either go back to full-time work or use up all your benefits. If you end up going back to work, you have to request it yourself through UBS or Tele-Serv, it doesn't happen automatically.

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AstroAce

Author

So that first week is just sitting there until one of those conditions happens? I didn't know that.

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Exactly. It trips up a lot of people who think they're missing a payment but it's just the waiting week being held.

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The waiting week thing confused me for weeks. Thought TWC had made an error on my account.

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My situation was a little different — I was let go last spring after some attendance issues tied to car trouble. Filed right away, went into adjudication for about five weeks. TWC sent me a determination letter eventually and I was approved. The whole thing came down to the fact that my employer couldn't show a consistent written policy that I had clearly violated. Keep copies of everything they've ever given you in writing about attendance expectations.

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AstroAce

Author

Five weeks in adjudication — did you keep submitting payment requests that whole time?

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Every two weeks without fail. When the approval came through the payments for all those weeks processed quickly.

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That tracks. Staying consistent with payment requests during adjudication is the right move.

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For anyone unsure about where to actually file — it's through Unemployment Benefits Services on TWC's site at https://apps.twc.texas.gov/UBS/security/logon.do or by calling the Tele-Center at 800-939-6631. Apply as soon as you're actually out of work. The UBS login uses the same credentials as WorkInTexas.com, and you'll get a one-time code every time you log in.

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AstroAce

Author

Do I need to register on WorkInTexas.com before I can file, or can I do it directly through UBS?

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You can apply directly through UBS. The WorkInTexas.com registration becomes a requirement once you're collecting — it's part of the ongoing work search requirement.

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The work search requirement is real. TWC mails you a letter with your specific weekly number of activities, and that's the number you have to meet. In some counties it's as high as five per week.

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Speaking of work search — a lot of people don't realize how strict TWC is about this. You have to log every job contact, application, whatever counts as an activity. TWC can ask for your log at any time and if you can't produce it you're in trouble. Start that log from week one even before you know you're approved.

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AstroAce

Author

What counts as a work search activity? Just applying for jobs, or does other stuff count too?

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TWC's letter tells you exactly what qualifies. It varies some by county and your situation, so read that letter when it comes carefully.

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Don't guess at the number either. The letter TWC mails you is what controls, not what someone online says the number is.

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fired for being late sounds harsh but honestly if you had a legit reason and tried to get it fixed with management and they said no, that's a real argument that you weren't just blowing off the job. document everything you can remember right now while it's fresh, dates, conversations, who said what

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AstroAce

Author

Writing it all down now actually. Specific dates I was late, the conversation where I asked for a shift change, all of it.

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good, also keep any texts or emails from supervisors. even something that seems minor could matter when TWC asks for your side

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My employer fought my claim pretty hard after I got fired last year. The appeal process exists for a reason — if TWC initially disqualifies you, you have 14 calendar days from the date on that determination letter to file an appeal in writing. You can do it right through UBS. The first level is a phone hearing with a Hearing Officer, and you get to present your side.

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AstroAce

Author

If they deny me initially I want to appeal. What kind of documentation would I bring to that hearing?

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Anything that supports your version of events — the written warning, any emails about the schedule change request, attendance records if you have them. The hearing is by phone and the officer decides based on what both sides say.

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The hearing packet gets mailed five to ten days before the hearing date, and TWC usually mails it somewhere between six and eight weeks after the appeal is filed. Keep requesting payments the entire time you're waiting.

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Does anyone know if transportation problems as a reason for being late have ever worked in someone's favor? Like is there any scenario where the reason for the tardiness matters to TWC or do they just look at whether you violated the attendance policy?

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TWC looks at the whole picture — why the person was late, whether they had warnings, whether the employer applied the policy consistently. The reason matters but it's not a magic excuse. It's one factor in whether the lateness amounts to misconduct.

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Transportation comes up a lot in these cases. It's not an automatic win but it's definitely not irrelevant either. The more you can show you tried to fix the situation, the better.

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Called TWC this morning to ask about my own attendance-related termination situation. Used claimyr.com to get through since I'd been trying on my own for days with no luck. Got connected to an agent who walked me through what adjudication actually looks at in cases where the employee had warnings — turns out they really do read the employer's written response closely, so whatever your company submits shapes a lot.

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AstroAce

Author

Good to know the agent explained that level of detail. I'm going to need to understand what my employer is likely to say.

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The agent said to request any attendance records or policy documents you were given during employment. Having your own copies helps when you give TWC your statement.

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Fourteen days to appeal sounds like a lot but it goes fast when you're stressed and looking for work at the same time. Set a reminder the day you get any determination letter. The mailing date at the top of the letter is what starts the clock, not when you actually receive it in the mail.

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AstroAce

Author

Wait, the clock starts from when they mailed it not when I got it? So if it takes three days to arrive I've already lost three days?

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Exactly. That's why you open those letters immediately and don't let them sit on a counter.

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TWC mails things fast but delivery varies. The 14 days from mailing date rule is firm so treat every day as precious once a determination arrives.

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One more piece on the payment request process since it confused me when I was going through mine — payment requests are filed Sunday through Wednesday for that two-week period. If you miss that window you can still file Thursday through Saturday of that same week. Miss the whole week and that period is gone. Set up phone reminders so it doesn't slip.

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AstroAce

Author

I had no idea there was a Thursday-Saturday catch-up window. That's genuinely useful to know.

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Most people don't. It's in the instructions TWC mails but easy to miss.

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Tele-Serv at 800-558-8321 Option 1 is the phone route for payment requests if the UBS site ever gives you trouble. Useful to have as a backup.

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The employer's 14-day response window to TWC's notice is something a lot of claimants don't think about. They file and then feel like nothing's happening but actually the clock is running on the employer side. After they respond, or after the window closes if they don't, TWC starts putting together the picture and adjudication gets underway.

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AstroAce

Author

So if my employer just doesn't respond, does that help my case?

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An employer not responding doesn't guarantee you get approved, but it does mean TWC only has your side of the story when they make the initial call. That's generally better for you than a detailed employer response laying out all your write-ups.

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My employer responded late once on a previous claim and TWC still reviewed it. They take non-responses seriously but they don't just auto-approve either.

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Just want to flag something for anyone still worried about whether to file at all — there's no downside to filing. If you're denied you can appeal. The worst outcome is a denial you then fight. Not filing means no chance at all.

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AstroAce

Author

That framing actually helps. I think I've been psyching myself out about the possibility of denial when I should just file and see.

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Filing right away also protects your claim start date. Waiting even a week costs you that week of potential benefits.

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My sister used claimyr.com when she was going through a termination claim review last month — she needed to ask TWC specifically whether her employer had submitted their response yet. The agent was able to pull up her account and confirm it, which at least stopped her from just guessing and refreshing UBS every hour.

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AstroAce

Author

Being able to actually ask that specific question instead of just staring at a status screen sounds really useful.

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That's exactly what made it worth it for her. She knew where things stood instead of just waiting in the dark.

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