If I get fired for not working overtime can I collect unemployment in Texas?

Overtime definitely wasn't in my original offer letter, it was always framed as voluntary until a few months ago. Does that actually matter to TWC or do they just go by whatever the company says?

TWC looks at both sides, what you say and what the employer says, and then makes a call. Having it not in your original terms is worth mentioning when you apply and explain the separation.

Makes sense. I'll make sure I document that my offer letter never mentioned required overtime before I do anything else.

My situation isn't exactly the same but I've been trying to reach TWC about an adjudication issue for two weeks. I'll try that out.

The part about calling to ask how they'd categorize it before anything happens is actually smart. Good to know what you're walking into.

Spending days on redials sounds exhausting. I'll check that out, thanks.

The 'neglecting the job' part made me nervous reading this but you're right that there's a real difference between neglecting your actual job duties versus not picking up new requirements that weren't in the original deal.

Yeah I'm hoping the fact that it's a new requirement and not something I agreed to helps. I've been doing my actual job fine for four years.

Misconduct is a pretty specific bar under TWC rules. Not every reason a company fires someone meets it. That's the key thing.

That's encouraging to hear. Did she have to do anything specific to fight the company's claim or did TWC just decide on its own?

She just gave her side of the story when TWC reached out and they sided with her. The company responded but TWC still approved it.

TWC does mail the last employer a notice and gives them around 14 days to respond, then they issue a determination. So your employer will definitely get a chance to give their version.

Wait so I request payments before they've even decided if I'm eligible? That seems backwards but I'll definitely do it if that's how it works.

Yep, that's exactly how it works. You request on schedule regardless of where your claim stands. Missing a request period means you can't get paid for that week.

Filing days are Sunday through Wednesday each week, and if you miss that window you've got Thursday through Saturday to still file for that period. After Saturday it's gone. Set a reminder on your phone the day you apply.

Six weeks in adjudication sounds rough. What does adjudication actually mean in this context, is that just TWC investigating the reason for the firing?

Basically yeah. When there's a dispute about why you were separated TWC looks into it more closely before deciding. It just means they haven't made a call yet.

Adjudication just means TWC is reviewing something that needs a closer look before they can pay. It doesn't mean you're disqualified, it means they're still deciding.

This is a fair point. The documentation is what saves you if the employer tries to frame it as a long-standing expectation. Paper trail matters a lot.

I actually do have an email chain where I explained my situation to my supervisor and HR. I'm going to save all of that.

Those emails could be really useful. Keep everything, even text messages if any were on a work phone or app.

Work search starts the first week you're eligible. Texas TWC mails you a letter that tells you exactly how many activities you need each week based on your county. It's between 1 and 5 depending on where you live. Keep a log because TWC can ask to see it.

Oh wow I had no idea it started that fast. So you're applying for jobs while TWC is still deciding if you get benefits?

Yep, the work search requirement runs from the start regardless of where your claim is in the review process. Register on WorkInTexas.com too, that's required.

I did not realize that either. Good to know before it catches me off guard.

Knowing the specific reason it's flagged sounds way better than just staring at a status screen. Good to hear it worked out for getting answers.

TWC updates its systems overnight so the status you see today might reflect something from yesterday. Calling is really the only way to get real-time info on a complicated case.

Is there an official TWC format or is a basic spreadsheet actually fine?

Basic spreadsheet is totally fine. TWC just wants to see the information is there. I've never heard of anyone getting dinged for the format as long as the details are all present.

TWC's site has a sample log if you want a template to start from. It really is just the basics: employer, job title, date, contact method.

14 calendar days from the date on the letter, not from when I receive it, right? That seems like a tight window.

That's exactly right, it goes from the date printed at the top of the determination, not when it shows up in your mailbox. So open it immediately and don't set it aside.

And keep requesting payments on schedule the whole time you're appealing. TWC only pays weeks that were requested on time, appeal or not.

That's interesting. I had been considering whether it was better to just resign to avoid having a termination on my record but it sounds like that could actually hurt my chances.

Resigning usually means no benefits unless you had a really specific good-cause reason. Getting fired at least keeps the door open to TWC looking at whether the termination was actually for misconduct.

Quitting for personal reasons like needing to handle childcare generally isn't payable. So if the company fires you, that's actually the better scenario for a UI claim.

This is the clearest summary I've seen. I feel a lot better about where I stand going into this. Thank you.

Agreed, that breaks it down really well. The 'is refusing overtime misconduct' question is exactly what a lot of people stress about.

The key detail in your whole situation is that you have four years of clean performance and a new policy that wasn't there when you started. That context matters when TWC is reading the employer's response.

I hadn't thought about how they calculate the actual dollar amount. So I should look at my earnings from roughly early 2025 through mid-2026 to get an idea?

For a claim filed now in late 2026, the base period would cover roughly July 2025 through June 2026, and it's the first four of the last five completed quarters before you file. Your wages in that window determine the amount.

The minimum is $76 a week and the max is $619 for claims filed from early October 2026 on. So if your wages were strong in that period you're probably looking at something in the mid to upper range.

You register on WorkInTexas.com as part of the process, it's required before you can really get going. The UBS system and WorkInTexas.com actually use the same login credentials. Get the registration done early.

Oh that makes sense, same login. I was worried I'd have to do a bunch of separate signups.

The same user ID and password work for both, plus you get a one-time code each time you log in to UBS. It's one ecosystem, not two separate systems.

Texas is an at-will state so employers can generally require overtime and can terminate someone for not complying. Whether the resulting termination is disqualifying for unemployment is a separate question from whether the policy itself was fair. TWC isn't a labor board, it just decides the UI question.

ok so its legal but that doesnt mean you lose unemployment. got it

Exactly the right way to think about it. The employment law question and the unemployment benefits question run on different tracks.

You did exactly what you were supposed to do. Filing the same week, putting the offer letter and HR emails in your explanation, keeping up with payment requests while it's in adjudication, that's the right playbook.

Adjudication in progress just means they're reviewing it, not that anything went wrong. Keep everything documented and you're in a solid position.

The documentation you described, the offer letter and the written HR exchange, is exactly what a hearing officer would want to see if it ever went to appeal. You built a good record.

Rooting for a good outcome here. The fact that you laid it all out clearly upfront instead of waiting for them to ask is smart.

Severance stuff is a whole other layer of complexity. Good that he got an actual agent who could look at the specific details of his case.

Glad he got answers on that. Severance rules seem particularly confusing based on what I've read.

I did not know they issued multiple separate determinations. So I need to watch for all of them, not just one letter?

Yes, watch your mail and your UBS account carefully. Each issue gets its own determination and each has its own 14-day appeal window from the date it was mailed.

And if even one of those comes back 'cannot pay', no benefits get released even if other determinations are in your favor. So address any denial quickly.

Your coworker has it backwards. Getting fired doesn't guarantee approval. If the termination was for misconduct as TWC defines it, you can still be disqualified. The key is whether what you did meets that specific misconduct bar, not just that you were let go.

Yeah that makes way more sense. So it's really about what reason they gave for firing you.

Exactly. The separation reason is what TWC investigates. Being fired is just the starting point, not an automatic yes.

A lot of people have that misconception and then don't bother applying after a termination with a contested reason. Worth always filing and letting TWC make the actual determination.