If I'm fired can I get unemployment in Texas? TWC rules explained
Got let go from my warehouse job last week and trying to figure out where I stand. My manager called me in and said they were terminating me for 'performance issues' but honestly the whole thing felt pretty vague - they never gave me any written warnings and I'd been there almost two years. Filed a claim with Texas TWC on Monday and now I'm just sitting here wondering if being fired automatically means I won't get anything. The UBS portal shows my claim is processing but I don't really know what that means or how TWC decides these things. Does anyone know how the fired vs. laid off distinction actually works? Like is 'performance issues' automatically considered misconduct or is there a difference?
81 comments

Javier Cruz
Being fired doesn't automatically cut you off from benefits - that's the most important thing to understand here. TWC looks at WHY you were fired, not just the fact that you were. The question they're really asking is whether your employer can show that what you did was actual misconduct. Things like breaking company policy on purpose, violating a law, or just straight-up not doing your job when you're capable of doing it - those are the kinds of things that can get you disqualified. 'Performance issues' is vague enough that it could go either way depending on what your employer tells TWC. Your former employer has 14 days from when TWC mails them a notice to respond with their side of things. After that TWC makes a determination, which can take roughly four weeks from when you filed. Keep checking UBS - they update it overnight.
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Natasha Orlova
AuthorSo they actually contact my old job and ask what happened? I didn't realize it worked that way. What if they exaggerate or say something that isn't true?
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Javier Cruz
TWC reaches out to both sides - you'll have a chance to tell your version too. If you get a determination you disagree with, you can appeal it in writing within 14 calendar days of the date printed at the top of the letter they mail you.
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Emma Wilson
the 14 days thing is really important, it goes by the date on the letter not when you actually received it so dont wait around
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Malik Thomas
Two years with no written warnings and then a vague 'performance issues' termination - honestly that fact pattern tends to work in claimants' favor more often than you'd think. Keep any texts, emails, performance reviews, anything that shows your work history there. When TWC asks you questions about the separation, just be specific and honest about what actually happened. The determination letter will spell out exactly what they decided and why.
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Natasha Orlova
AuthorI do have some emails where my supervisor actually praised my work about three months ago. Should I hang onto those?
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Malik Thomas
Absolutely keep those. If this goes to an appeal hearing, you can bring documentation like that. The Appeal Tribunal hearing is done over the phone and you can present your evidence there.
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NeonNebula
yeah paperwork matters so much, i learned that the hard way on my claim last year
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Isabella Costa
Used claimyr.com last month to actually get through to a TWC agent when my own termination claim hit a snag. The hold times were brutal and I kept getting disconnected after 45 minutes. Claimyr holds the line for you and connects you when a live agent picks up - I needed to clarify details about my separation before TWC finalized the determination, and the agent walked me through exactly what information TWC was looking at. Here's their demo if you want to see how it works: https://youtu.be/V-IMvH88P1U
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Natasha Orlova
AuthorThat's actually useful to know. I've been dreading calling because I tried once already and got stuck in a loop. Did the agent give you any sense of the timeline?
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Isabella Costa
Mine said roughly four weeks for the determination on my end, which matched what others here said. The agent also confirmed I needed to keep submitting payment requests while everything was pending - don't skip those even before you hear back.
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Ravi Malhotra
going to look into that, been trying to get through for three days on a different issue and can't get anyone
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Freya Christensen
Payment requests - make sure you're doing those now, don't wait for the determination. TWC mails you an instruction sheet with your specific filing date but generally you start requesting about one to two weeks after applying, then every two weeks after that. You can do it in UBS or by calling Tele-Serv at 800-558-8321 and hitting option 1. Missing a filing window doesn't necessarily kill it - you have until Saturday of that week to still file - but staying on schedule is way easier.
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Natasha Orlova
AuthorWait so I request payments even if they haven't decided yet whether I'm eligible? That feels weird.
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Freya Christensen
Yep, that's exactly how it works. TWC can only pay weeks you've actually requested on time. If you wait until after the determination and then try to go back and claim earlier weeks, that doesn't work. File the requests on schedule and TWC will process them once eligibility is confirmed.
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Omar Farouk
i made this mistake on my first claim, waited to hear back and then lost like two weeks of payments because i hadnt filed them, dont do what i did
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Chloe Davis
The waiting week thing is also worth knowing about - TWC holds your first payable week until you've been paid twice your weekly amount AND you either go back to full-time work or use all your benefits. It's not lost, just held.
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AstroAlpha
Work search requirements start right away too. You have to register on WorkInTexas.com and do a certain number of job search activities every week. The number depends on what county you're in - TWC mails you a letter that tells you your specific number. Harris, Dallas, Bexar, Tarrant and Travis counties are all at five activities per week. Keep a log because TWC can ask to see it at any time.
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Natasha Orlova
AuthorI'm in Harris County so five a week - got it. Does applying on Indeed count or does it have to be through WorkInTexas.com specifically?
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AstroAlpha
Applying through Indeed counts as a work search activity. WorkInTexas.com is where you register, but your actual activities can be applications anywhere, interviews, things like that. Just log them.
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Diego Chavez
the workingtexas.com registration thing threw me off, make sure you spell it right because there are fake-looking sites with similar names
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AstroAlpha
Good catch - it's WorkInTexas.com, that's the right one. The UBS login and WorkInTexas.com login actually use the same username and password.
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Anastasia Smirnova
My termination claim took almost exactly four weeks to get a determination. Got approved because my employer's reason didn't hold up as actual misconduct under TWC's definition. The whole thing was nerve-wracking but the process does work if you just document everything and answer TWC's questions honestly.
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Natasha Orlova
AuthorThat's encouraging to hear. Did they ever call you directly or was everything through mail and UBS?
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Anastasia Smirnova
Everything came through mail for the determination itself. I did call once to check on status but honestly UBS updates overnight so checking there once a day is usually enough.
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Sean O'Brien
same experience here, the mail timeline was pretty close to what they said, determination showed up around week four
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Zara Shah
Something that trips people up - your weekly benefit amount isn't based on your most recent paycheck, it's calculated from your highest earning quarter in the base period divided by 25. The base period is basically the first four of the last five completed calendar quarters before you filed. The max you can get per week right now is $619.
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Natasha Orlova
AuthorSo my last paycheck doesn't really factor into it? What if my hours got cut a few months ago - would that lower the amount?
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Zara Shah
If your hours got cut during the base period, yeah, that could affect the calculation since it's based on your actual wages earned. The determination letter will show how they calculated your weekly amount so you can check the math.
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Luca Bianchi
wait i thought it was based on your average wage not just the highest quarter, is that wrong?
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Zara Shah
Just the highest quarter divided by 25 - that's how TWC calculates it. Not an average of all quarters, just the peak one.
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GalacticGuardian
The misconduct definition at TWC is narrower than most people expect. Breaking a rule on purpose, breaking a law, seriously neglecting your work, not doing the job adequately when you actually could - those are the main buckets. 'Performance issues' without documentation or prior warnings is a lot harder for an employer to push through as misconduct than if there were write-ups or a performance improvement plan involved.
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Natasha Orlova
AuthorSo the lack of written warnings in my case might actually help me? My employer never did any formal documentation that I know of.
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GalacticGuardian
It doesn't guarantee anything but it does matter. When TWC evaluates the separation, documentation (or the lack of it) is part of the picture. Your employer still has to tell TWC something specific, not just 'performance issues.
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Nia Harris
employers sometimes just say misconduct hoping the person won't appeal, don't let that happen if you get denied
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Mateo Gonzalez
Filed a claim after getting fired in September and the adjudication process felt like a black box for weeks. What helped me was just being super detailed in writing when TWC sent me the fact-finding questionnaire - dates, specific conversations, what exactly was said when they let me go. The more specific you are the better.
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Natasha Orlova
AuthorI haven't gotten any questionnaire yet, is that something that always happens or only in certain cases?
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Mateo Gonzalez
Not every claim gets a questionnaire - it depends on whether TWC flags something that needs clarification. Some claims just go straight to a determination. Either way, if they do send something, respond quickly and be detailed.
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Javier Cruz
If TWC does contact you for more info, there's usually a deadline to respond. Missing it can slow everything down or hurt your case so watch for any mail from them.
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Aisha Ali
BEEN THROUGH THIS TWICE NOW and the system is incredibly frustrating but here's the reality - if your firing was genuinely vague and undocumented your odds are better than you think. What kills claims is when the employer has specific documented violations and the claimant can't counter them. No documentation on their end is actually meaningful.
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Natasha Orlova
AuthorHow do you handle it emotionally while waiting? I'm checking UBS like every hour which I know isn't helping.
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Aisha Ali
Honestly just set a reminder to check once a day, they only update overnight anyway so checking more than that is just anxiety. Put your energy into the work search log and payment requests - those are the things actually in your control right now.
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Emma Wilson
the once a day check thing is real advice, TWC says themselves they update nightly
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Diego Chavez
One thing about the appeal process if you do get denied - 14 calendar days from the DATE ON THE LETTER. Not 14 days from when you get it in your mailbox. Mail it, fax it, do it online through UBS, or drop it off at a Workforce Solutions office. You cannot appeal by email or by calling. Write it down somewhere visible.
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Natasha Orlova
AuthorCan I appeal while still submitting payment requests? Or does one pause the other?
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Diego Chavez
Keep doing both. Payment requests run on their own schedule and TWC can only pay weeks you requested on time - an appeal doesn't pause that requirement. If you stop requesting during an appeal and win, you can't go back and get those weeks.
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Omar Farouk
this is the part that gets people, you absolutely cannot pause payment requests during an appeal
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Sean O'Brien
My sister used claimyr.com to get through to a TWC agent when her fired claim was sitting in adjudication and no one would call back. She needed to add some details about her separation that she forgot to mention when she first applied. The agent took her updated information and noted it on the account. Normal phone lines were impossible for weeks.
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Natasha Orlova
AuthorDid it matter that she called in with extra info, or was the determination already set by that point?
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Sean O'Brien
It was still in adjudication so the agent was able to add it to her file. If you have anything to clarify about your separation, calling sooner rather than later is better.
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Chloe Davis
timing matters a lot, once a determination is issued you're into appeal territory which is a different process
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Ethan Moore
The base period question earlier in this thread - there's also something called the alternate base period but it's specifically for people who were out of work at least seven weeks in a base period quarter because of a medically verified illness, injury, disability or pregnancy. It's not a general option for people who just had lower wages in that quarter. If that applies to you, you'd need to call a Tele-Center to ask about it.
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Natasha Orlova
AuthorThat doesn't apply to my situation but good to know in case anyone else reading this needs it.
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Zara Shah
Right - it's a narrow exception and people sometimes think it's just a backup option for anyone with low wages in a quarter. It's not, there are specific medical criteria.
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NeonNebula
To qualify you generally need wages in more than one base period quarter, and your total base period wages need to be at least 37 times your weekly benefit amount. If this is your first claim or it's been a while since you last claimed, you're usually fine, but if you had a prior UI claim, you'd need to have earned at least six times your new weekly benefit amount since then.
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Natasha Orlova
AuthorI've never filed unemployment before so this is all new to me. I worked at that warehouse for almost two years earning pretty consistently so hopefully the wage threshold isn't an issue.
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NeonNebula
Two years of consistent employment usually means the wage threshold isn't the issue - the separation reason is what TWC will focus on in your case.
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Freya Christensen
and if you do qualify, benefits can run for up to 26 weeks worth of your weekly amount, or 27 percent of your total base period wages, whichever is less
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Nia Harris
For the work search log specifically - keep it somewhere you can actually find it. Some people use a spreadsheet, some use a notebook. TWC wants: the employer name, how you contacted them, the date, and the position you applied for. If you get audited and don't have it, that's a problem.
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Natasha Orlova
AuthorCan I backfill the log for the week I already did job searching before I knew about this requirement?
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Nia Harris
Document what you remember as accurately as you can with the actual dates. Going forward keep it current week by week - that's what matters most.
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AstroAlpha
a simple google sheet works great, date, company, method, position title, takes like 30 seconds per entry
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Chloe Davis
Earnings while claiming - if you pick up any part-time or gig work while waiting on your determination, report those gross earnings on your payment request for the week you did the work, not when you get paid. Up to 25 percent of your weekly benefit amount gets ignored, above that it reduces your payment dollar for dollar. So it doesn't necessarily eliminate your payment but it does reduce it.
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Natasha Orlova
AuthorWhat about odd jobs, like if a neighbor pays me to help them move? Does that count?
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Chloe Davis
Any work you're paid for counts and needs to be reported. Cash, check, whatever - report the gross amount for that week.
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Anastasia Smirnova
people get in real trouble underreporting this, just report everything and let the math work out the way it's supposed to
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Luca Bianchi
Taxes come out of this too - unemployment benefits count as federal taxable income. You can opt in to have 10 percent withheld voluntarily. TWC mails you a 1099-G every January and it's also in UBS under IRS Tax Information. Something to factor into your planning.
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Natasha Orlova
AuthorSo I could end up owing at tax time if I don't do the withholding?
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Luca Bianchi
Potentially, depending on your overall tax situation. The 10 percent voluntary withholding option is there if you want to avoid a surprise in the spring. You can set it up in UBS.
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Ravi Malhotra
i didn't do withholding my first time and definitely owed more than expected, worth thinking about upfront
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Omar Farouk
If your claim does get approved and you eventually go back to work full-time, your eligibility ends on the first day of that job. You'd stop requesting payments at that point. Also if you go back and it doesn't work out for some reason - new layoff, something like that - you'd start a new claim.
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Natasha Orlova
AuthorThat's useful to know. I'm obviously hoping to get back to work quickly but it's good to understand how the transition works.
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Omar Farouk
the system's designed around that - benefits exist as a bridge, not a permanent thing. Good luck with the determination, your situation sounds like it has a reasonable chance of going your way.
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Ravi Malhotra
Reached a TWC agent through claimyr.com last week specifically to ask about a fired claim. My question was about whether voluntary resignation and termination get handled the same way in adjudication - the agent explained they're treated completely differently, terminations go through the misconduct evaluation and the burden on each side is different. Cleared up a lot of confusion I had.
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Natasha Orlova
AuthorThat's exactly the kind of thing I'd want to ask - the difference in how they evaluate each type of separation.
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Ravi Malhotra
The agent was pretty clear that for terminations, TWC looks at whether the employer can describe specific conduct, not just general performance complaints. That tracks with what others here have said.
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Diego Chavez
the distinction matters a lot and it's hard to get that level of detail from the website alone
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Emma Wilson
Coming back to the original question about 'performance issues' as a firing reason - one more angle worth considering. If your employer told you verbally that it was performance but the real reason was something like a layoff or budget cut, that's worth mentioning to TWC. How the separation is characterized matters and if the stated reason doesn't match the actual circumstances TWC can factor that in.
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Natasha Orlova
AuthorThat's actually interesting because there had been some talk of department restructuring before I was let go. I didn't connect those dots but maybe I should bring that up.
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Emma Wilson
Bring it up. When you fill out anything from TWC about the separation, describe the full context. If restructuring was happening and you were told 'performance issues,' that context is relevant.
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GalacticGuardian
yes, the actual circumstances of the separation are what TWC evaluates - if 'performance issues' was really a cover for a position elimination, that changes everything about how the claim is classified
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