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Marcus Marsh

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

Last Thursday was my last day at a logistics company where I'd been working for about two and a half years. My manager called me into the office and basically said I wasn't meeting expectations on some route completion metrics and let me go. No write-ups in my file, no formal performance improvement plan, nothing documented that I ever saw. I'm not really sure what category this falls into for Texas TWC purposes - like is 'not meeting expectations' the same thing as misconduct? Because I've heard that if you get fired for misconduct you can't collect, but if it's something else you might be okay. I did my best at that job and honestly the metrics they were measuring us on changed three times in six months without much warning. Filed my claim online through UBS this morning since I wanted to get it in right away. Now I'm just waiting and trying to figure out what TWC is actually going to decide. Has anyone been through something similar where the reason was performance-related? Did you end up getting approved or denied?

Week two of my own claim sitting here and I can tell you the fired-vs-misconduct question is the one that kept me up at night too. The way I understand it from going through this myself: TWC looks at whether you were actually doing something wrong on purpose or breaking rules, not just whether your numbers were low. Like there's a difference between someone who shows up and tries but struggles versus someone who ignores company policy or breaks the law or just refuses to do the work. Performance issues where you were genuinely trying don't usually land in the misconduct category. That said TWC will reach out to your former employer and get their side, so whatever they tell TWC matters a lot too.

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That distinction actually helps clarify things for me. My situation really was just metrics - nothing about breaking rules or policies. I showed up every single day on time for two and a half years.

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Employer response timing matters here too. TWC gives them 14 days after mailing that notice to respond. If they don't respond TWC still makes a decision, it just goes forward without their input.

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Good to know about the 14-day window. I had no idea there was a formal deadline for them to respond.

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My claim got approved after being fired last year and I needed to call TWC to ask about a wage discrepancy in my base period before the determination came out. Phone lines were absolutely brutal - tried for days and kept getting dropped or busy signals. Used Claimyr to get through. The way it works is it holds your place and calls you when a live Texas TWC agent actually picks up, so you're not the one sitting on hold for hours. Got connected within a couple hours and the agent walked me through exactly what base period wages TWC had on file. Site is claimyr.com and there's a video showing how it works at https://youtu.be/V-IMvH88P1U if you want to see before trying it.

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My determination letter just arrived and there's a wage amount that looks off to me. Been dreading trying to call. Might actually try that approach to get it sorted out before the appeal window closes.

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Worth doing sooner rather than later since appeal deadlines move fast - 14 calendar days from the date printed on the determination letter, not when you receive it.

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Approval after a firing is reassuring to hear. Did TWC ask you anything specific about the reason for the firing or did it mainly come down to what the employer reported?

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Three determination letters came to my mailbox over about five weeks after I filed following a termination - TWC sends a separate one for each issue they look at. The key thing is that if even one of those says 'cannot pay' then no money comes until that's resolved, even if the others say you're eligible. So watch for all of them and read each one carefully. Don't assume you're in the clear just because one looks good.

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Wait, I didn't realize they sent multiple letters. So I might get one that approves me on one thing and then another that denies me on something else entirely?

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Exactly. Could be one about the job separation, one about work search requirements, one about something else entirely. They're independent. All of them have to say you can pay for money to actually move.

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This happened to me and I nearly missed an appeal deadline because I thought the first good letter meant I was approved overall. Read every single piece of mail from TWC as soon as it arrives.

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Around week four of my claim I finally got the determination and it covered the job separation question specifically. For what it's worth on the fired-for-performance angle: TWC's misconduct examples on their site are things like breaking company policy, breaking the law, neglecting the job on purpose, or being capable of the work but just not doing it. Not hitting a metric that kept changing sounds like a different situation than any of those. Doesn't mean automatic approval, but the category you fall in really matters for how they evaluate it.

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That breakdown is genuinely helpful. The metrics kept shifting and I was never warned formally that my job was at risk over them.

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Documentation you can point to is really useful here. If you have any emails showing the metrics changed or showing no prior written warnings, keep those somewhere accessible in case you need them for an appeal.

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Yeah keep everything. Performance review records, any emails about the metrics changes, anything showing your attendance. Even if you don't need it, having it ready costs nothing.

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One thing I got wrong when I first filed: I thought applying was the same as requesting a payment. It is NOT. You apply once to open the claim, then you have to go back every two weeks and do a payment request separately in UBS or on Tele-Serv. I missed my first payment request window because I thought I was done after the application. Don't make that mistake.

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Oh that's a really important heads up. So I need to watch for the mailed instructions that tell me when my first payment request date is?

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Yes - TWC mails you something called the Instructions for Requesting Benefit Payments and it has the specific date. Don't wait for a decision on your claim to start doing those requests. File them on schedule regardless.

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Filing those payment requests even while in adjudication is something a lot of people skip because they think nothing will happen anyway. But TWC can only pay weeks that were requested on time. Skipped weeks can't be recovered.

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My first week trying to understand work search requirements I was completely confused. Heard different numbers from different people. The actual rule is that your local Workforce Development Board sets the number for your county, and TWC mails you a letter with YOUR specific number. That letter is what governs, not what someone on a forum says. In Harris, Dallas, Bexar, Tarrant and Travis counties it's five activities a week. Other counties might be less. Don't guess - wait for your letter.

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I'm in a smaller county outside the Houston metro so I'm guessing mine might be fewer than five. Good to know to wait for the actual letter rather than just assuming.

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Exactly. And log every activity even if it feels redundant. TWC can ask for that log at any point, and if you can't back up what you reported, it creates a problem.

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Also register on WorkInTexas.com as part of the work search setup. UBS and WorkInTexas.com use the same login credentials which is handy.

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Just got to week six of my claim and something nobody explained to me upfront: there's this thing called the waiting week where TWC holds your first payable week. You don't just automatically get it at the start - it only gets released after you've been paid an amount equal to twice your weekly benefit AND you either go back to full-time work or use up all your benefits. If you go back to work before exhausting benefits you have to actually request that waiting week yourself through UBS or Tele-Serv, it doesn't release on its own.

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So that first week is essentially held as a kind of deposit and I'd need to actively claim it back if I return to work before benefits run out?

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That's basically it. If you exhaust benefits without going back to work it releases automatically. But if you get a job and stop claiming, you need to go request it manually or you won't get paid for it.

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The conditions are both needed - it's the two-payments-worth amount AND either return to work or exhausted benefits. Not one or the other. Both.

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My adjudication went on for almost five weeks before anything resolved. During that entire time I kept doing payment requests every two weeks like I was supposed to. When the determination finally came through in my favor, TWC paid out all the weeks I had properly requested. If I had stopped doing them assuming nothing would process, I would have lost those weeks permanently. Keep doing them no matter how long things drag on.

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Five weeks is a long time to be in that limbo. Did you have any visibility into what was happening during adjudication or was it completely silent from their end?

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Mostly silent. I checked UBS every day but the status just said pending for most of it. Calling helped me understand they were waiting on the employer response, but that was about all I could get.

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UBS updates overnight so checking multiple times a day doesn't help but checking every morning is worth it. Sometimes things change without any notification.

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Heard someone say you can appeal by email if you disagree with a determination - that's not right. Appeals have to be in writing and submitted through UBS under Submit An Appeal, in person at a Workforce Solutions office, or by mail or fax. Email doesn't count. And the deadline is 14 calendar days from the date the determination was mailed, which is printed right at the top of the letter - not 14 days from when you get it in your mailbox.

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The date at the top of the letter, not the postmark date or the date I received it. I need to remember that because mail sometimes takes a few days to arrive.

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Right, which is why some people end up with less than 14 days effectively. If you're close to the deadline, the in-person Workforce Solutions option or faxing is faster than mailing it back.

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You can keep requesting payments the whole time an appeal is processing. Missing a payment request during an appeal means losing that week just like any other time.

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Something about how TWC calculates your weekly benefit amount: they look at your earnings in what's called the base period - the first four of the last five completed calendar quarters before you filed. The highest single quarter's earnings get divided by 25 to get your weekly amount, and there's a cap of $619 for claims filed after October 2026. If your pay varied a lot quarter to quarter it's worth understanding which quarter was your highest because that's what drives the number.

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For the logistics job my pay was pretty consistent but I did have a quarter with more overtime. Good to know the calculation focuses on the highest quarter rather than an average.

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Also the maximum total benefit amount is 26 times your weekly benefit or 27% of everything you earned in the base period, whichever is smaller. So if wages were lower it can cap out earlier.

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This came as a surprise to me when I saw my award letter. The weekly amount looked fine but the total was capped lower than I expected because of how my wages spread across quarters.

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My discharge situation last year felt similar - performance-based, no documented prior warnings, metrics-driven. TWC adjudicated it over about four weeks. The employer submitted their response saying I wasn't meeting standards. What TWC looked at was whether the standard was reasonable, whether I knew about it, and whether I was capable of meeting it but chose not to. That last part - choosing not to versus genuinely struggling - seems to be where misconduct starts and performance issues end based on how the determination was written.

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That framing really clarifies it. I wasn't choosing to miss metrics - the targets kept moving and I was doing my best with the route assignments I was given.

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Keep that narrative clear and consistent. If you end up at a hearing, the Hearing Officer decides based on what's presented there - your account of events matters and should be specific and documented where possible.

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A telephone hearing with one Hearing Officer is the first appeal level - called the Appeal Tribunal. The hearing packet usually arrives five to ten days before the actual call and can take six to eight weeks to get scheduled after you file the appeal.

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My brother filed after getting let go and he was confused about whether severance would affect his claim. The answer is you have to report it - either when you apply or by calling TWC. Some types of severance can pause benefits while you're receiving it and TWC mails you a decision about your specific situation. Wages paid instead of notice also stop benefits. Don't just assume severance has no effect and don't leave it off your payment requests.

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Fortunately I didn't receive any severance package - they just ended my employment. So that particular complication isn't something I need to worry about.

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Good, one less thing to sort out. The job separation question is the main one for your situation and it sounds like you have a reasonable case based on the circumstances.

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Got my determination last week and needed to call TWC to clarify something about the work search requirement letter I was supposed to receive - never got it. Used claimyr.com because a coworker mentioned it. The agent confirmed my specific county number and also told me I could check the work search requirements section in UBS. Whole thing took way less time than the days of busy signals I'd gotten trying before.

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The work search letter not arriving is actually something I'm wondering about too since I haven't received anything about my required weekly number yet. Worth trying to get that confirmed directly with TWC.

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Definitely confirm it before you submit your first payment request and have to report work search activities. Better to know the exact number than guess and potentially under-report.

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If you just filed recently the letter might still be in transit. Give it a week or so, then it's worth following up if still nothing.

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Eight days into waiting and I see some people saying they got approved after firings and others saying it depends entirely on what the employer reports. Both are true. TWC takes both sides - what you tell them and what the employer tells them. Neither side automatically wins. I've seen approvals where the employer said performance issues and the claimant got benefits, and I've seen the opposite. The adjudication process is supposed to look at all of it.

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That's both reassuring and nerve-wracking at the same time. I'm just going to be as accurate as possible about what happened and hope the facts work in my favor.

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Being consistent matters a lot. Whatever you say in your initial claim should match what you'd say if you got to a hearing. Contradictions can undermine an otherwise valid claim.

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Also be specific about dates and details. 'The metrics changed three times' is more credible if you can say roughly when each change happened, even approximately.

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Around week three my claim status still hadn't updated and I was second-guessing whether I'd even filed correctly. The UBS portal does update nightly, so checking multiple times a day just causes more anxiety without giving more information. What you can also do is use Tele-Serv at 800-558-8321 to check status - same information as UBS basically but sometimes feels more concrete than staring at a web page.

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I've been refreshing UBS way too many times per day. Good to know nightly updates means morning checks are the useful ones.

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And Tele-Serv Option 1 is for payment requests, so if you're calling just to check status make sure you're not accidentally starting a payment request you weren't ready to file.

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Tele-Serv also lets you do your payment requests if the website is giving you trouble, same information requested week by week about whether you worked.

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Received my ReliaCard from U.S. Bank about a week and a half after my first payment processed. The card takes up to 10 business days to arrive after that first payment. If you'd rather have direct deposit you can set that up in UBS before the first payment hits - you're not locked into the card automatically, it's just the default if you don't switch it.

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Setting up direct deposit sounds like it would be simpler than managing a separate card. I'll look for that option in UBS.

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It's under account settings in UBS. Worth doing early because if the first payment processes before you change it, that one goes to the card and direct deposit starts on subsequent payments.

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My denial came down to a single piece of information the employer included in their response that I didn't know they had. Appealed it, went through the telephone hearing process, and the Hearing Officer considered the evidence I brought that the employer hadn't mentioned. Ended up overturned on appeal. The takeaway: a denial isn't necessarily the end. The appeal process exists and it does work if you have facts supporting your side.

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Knowing there's a real appeals path that actually works is reassuring. I'm hoping it doesn't come to that but it's good to know it's not a dead end if the determination goes against me.

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Even in the appeal keep doing your payment requests on schedule. Those weeks are only payable if properly requested on time regardless of where the appeal stands.

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The written decision from the Appeal Tribunal usually comes within five to ten working days after the hearing. Then there's another level after that if needed, but most things resolve at the first appeal level.

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Last month dealing with this exact type of situation - fired, performance basis, no documented discipline history. My determination came back approved. The language in the letter talked about whether the reason for the firing rose to the level of misconduct versus a situation where employment just ended due to performance that didn't meet the company's standards. Those are treated differently. I know it's nerve-wracking waiting but the category of reason really does matter in how TWC evaluates it.

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Seeing an actual approval in a similar situation is genuinely calming. The specifics of my case feel like they fit the performance-rather-than-misconduct pattern pretty clearly.

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Just stay consistent in everything you tell TWC, keep those payment requests filed on schedule, and do your work search activities every week from the start. The administrative stuff being right keeps you protected while the determination works itself out.

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The two-and-a-half year tenure probably helps too. A long employment history without documented issues is part of the picture TWC looks at when evaluating the separation.

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Just over a week into my claim and I keep seeing people say 'weekly claim' - that term confused me at first because TWC doesn't call it that. It's a payment request. You're not claiming weekly, you're submitting a payment request every two weeks covering both weeks in that period. Calling it the wrong thing made me search for information using the wrong term for a while and kept finding the wrong answers.

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I've been using the term 'certification' which I picked up from somewhere - sounds like payment request is the right Texas TWC language to be using.

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Yeah 'certification' is a term some other states use. Texas TWC specifically calls it a payment request and their system asks about it that way. Using their terminology when you search for info or when you talk to them makes everything clearer.

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Each payment request covers two full claim weeks, Sunday through Saturday each. When UBS asks did you work in claim week one and claim week two, that's what it means - each seven-day period in that two-week window.

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Four weeks post-filing and my determination finally landed in my mailbox. For anyone reading this who is in an earlier stage: the process really does take about that long. The letter walks you through the decision reasoning in some detail - mine mentioned both what I reported and what my former employer reported, and explained how TWC weighed it. Reading the whole thing carefully tells you a lot about where you stand and whether an appeal makes sense.

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Four weeks feels like a long time when you're in it but I'm prepared to wait that out now. Good to know the letter itself explains the reasoning rather than just giving a yes or no.

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And if you disagree with any part of the reasoning, that detail in the letter is what you'd address in an appeal. The more specific the letter is about their reasoning, the more you know what to respond to.

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Worth reading even if the determination is in your favor - sometimes an approval comes with conditions or notes about work search requirements or other things you're expected to maintain.

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