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If you are fired are you eligible for unemployment in Texas TWC?

Lost my job last week and I'm trying to figure out where I stand. My manager called me in and said they were letting me go because of 'performance issues' but honestly I never got a written warning or any formal documentation about problems with my work. HR just had me sign some separation paperwork and that was it. I filed with Texas TWC right away but now I'm sitting here wondering if I even qualify. Everything I read online says firing isn't automatic disqualification but I don't really understand how they decide. Does the reason they fired me actually matter? Like is 'performance issues' considered misconduct or not? I worked at this place for four years and never had a disciplinary action on record.

Used claimyr.com to get through to a Texas TWC agent last month when I was dealing with something similar after my termination. I needed to ask whether my separation was going to be coded as misconduct or not because my employer gave TWC a totally different story than what actually happened. The agent told me my claim had already gone into adjudication and explained exactly what that means and what to expect. The site basically handles the hold time for you and calls you once a live agent picks up. Here's a video that shows how it works: https://youtu.be/V-IMvH88P1U

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My situation sounds a lot like yours with the employer giving a different story. Did the agent say anything about how long adjudication takes when it's a fired-for-cause situation?

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Adjudication when both sides have different accounts can run a few weeks. TWC mails each side a notice and gives the employer 14 days to respond, then a decision goes out after that.

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My termination claim went into adjudication too. Ended up taking about five weeks from application to determination letter in my mailbox.

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TWC looks at whether the reason you were fired counts as misconduct under their definition, and performance issues don't automatically land there. Misconduct in their framework is stuff like breaking company policy, breaking the law, neglecting duties on purpose, or just flat out not doing the work when you actually could. If your employer couldn't document that you willfully failed at your job, the case for misconduct gets a lot weaker.

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That's what I was hoping. Four years without a single write-up has to count for something right? I never refused to do work or broke any policy.

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The documentation thing really matters. When TWC contacts your former employer they have to respond within 14 days. If they can't back up 'performance issues' with anything concrete, that works in your favor.

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my old boss tried to call my firing misconduct and had nothing on paper. twc sided with me. the determination letter came maybe three weeks after i applied

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Filing in Unemployment Benefits Services at https://apps.twc.texas.gov/UBS/security/logon.do is the right move and you already did that, so now you just wait for TWC to contact your former employer. They mail the employer a notice and that employer gets 14 days to respond. After that TWC issues a determination. Plan on roughly four weeks from your application date before you see that first decision in writing.

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Should I keep submitting payment requests while this is all pending? Or do I wait until I get a determination?

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Keep requesting payment on schedule, don't wait. Your Instructions letter that TWC mailed after you applied has the exact dates. Missing a payment request period means you lose those weeks, determination or not.

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This is the part that gets people. You file the claim and then think you just sit there. Nope, payment requests run on their own schedule starting about one to two weeks after you apply regardless of where your eligibility decision stands.

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Performance issues is a vague reason and honestly employers throw that phrase around because it sounds serious without saying anything specific. TWC's standard for misconduct isn't just 'they weren't great at their job.' There has to be something showing you deliberately neglected responsibilities or repeatedly did something wrong after being told not to. Generic performance without documentation usually doesn't clear that bar.

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I keep second-guessing myself. Like what if they exaggerate what happened when TWC calls them?

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TWC hears your side too. You'll get a questionnaire or they may call you directly during the adjudication process. Answer everything honestly and specifically, mention the four years without discipline, and give them the same facts you wrote here.

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both sides give their account and twc weighs it. if your story holds up and the employer has nothing documented it usually goes the right way

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Went through almost this exact situation after my termination two years back. Employer claimed misconduct, I had four and a half years clean record. TWC sent me a questionnaire asking me to explain my side of the separation in detail. Wrote out everything factually, mentioned no written warnings ever existed, and my claim got approved. The determination letter said the evidence didn't support a misconduct finding.

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How detailed was the questionnaire? Like did they want dates and specifics or more of a general explanation?

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They wanted pretty specific details. Dates if you have them, what your job duties were, whether you received any warnings verbal or written, and what exactly led up to the termination. The more specific the better.

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Keep any texts or emails from your manager even if they seem small. When I went through adjudication having a text from my supervisor saying my work was fine a month before firing looked really good for me.

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FOUR YEARS and they give you generic performance issues with no paperwork?? That is exactly the kind of termination that gets approved at TWC all the time. The employer is going to have a hard time explaining misconduct when there's not a single documented disciplinary action in four years. I've seen people get approved with way sketchier situations than this.

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I'm trying not to get my hopes up too much but this is reassuring.

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Don't get me wrong it's not guaranteed but honestly the facts you described are pretty solid. No warnings + four years tenure + vague reason = not a strong misconduct case.

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Make sure you registered on WorkInTexas.com because TWC requires that as part of being eligible to receive benefits. And every week you're claiming you have to complete a set number of work search activities, the exact number depends on the county you live in. TWC mails you a letter with your specific requirement. Keep a log of every job contact because TWC can ask to see it.

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Wait I didn't know about the work search requirement. So even while adjudication is pending I have to be doing job applications?

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Yes, work search starts from your first benefit week. The requirement doesn't pause for adjudication. Log every application, every contact, every resume you send.

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Harris, Dallas, Bexar, Tarrant and Travis counties are all at five work search activities per week. Other counties might be fewer. Your letter from TWC will say your specific number, that's the one that counts.

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Something I noticed when I went through this: the initial determination you get is specifically about your job separation. TWC can send more than one determination if there are multiple issues on a claim. All of them have to come back as payable or the whole claim is blocked. If you haven't heard about any other issues beyond the termination reason then you're probably just waiting on the one separation determination.

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I haven't gotten any letters about other issues so hopefully it's just the one question they're deciding.

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Check UBS once a day. They update overnight. Sometimes you see status changes there before anything arrives in the mail.

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tele-serv at 800-558-8321 is another way to check status. i call that more than ubs just out of habit

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My cousin got fired last year and was convinced she wouldn't qualify because her company said misconduct. TWC approved her. The employer never submitted documentation. It's apparently really common for employers to claim misconduct when they let someone go and then not follow through when TWC actually asks them to back it up.

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Did she have to do anything special or just wait it out?

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Pretty much waited. Filled out the TWC questionnaire honestly and kept doing payment requests. Got approved maybe a month after applying.

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employers say misconduct because they think it'll stop the claim. then twc asks for evidence and suddenly they go quiet

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Worth knowing about the waiting week too. TWC holds the first payable week and doesn't release it right away. It doesn't pay out until after you've been paid two times your weekly benefit amount AND either go back to full time work or run out of benefits. If you go back to full time work before exhausting benefits you have to request it yourself in UBS or through Tele-Serv. Both things have to happen, not just one of them.

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So that first week just sits there in limbo until one of those conditions is met?

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Exactly right. It's not lost but it doesn't pay automatically. Most people who return to work forget to go back and request it and then wonder where that week went.

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i almost missed mine. the ubs option is under request your waiting week. easy to find once you know to look for it

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don't overthink the work search log. just use a basic spreadsheet or even a notebook. company name, date, how you applied, contact info. twc mostly checks it if something looks off on your claim. never heard of anyone getting spot checked for no reason but keep it anyway

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TWC can ask for it at any time so keeping it current is important regardless. The spreadsheet idea is solid, just make sure you're logging from week one not playing catch up later.

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Starting the log today. Better to have it and not need it.

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Weekly benefit amount calculation is based on the highest quarter of wages in your base period divided by 25. The base period is typically the first four of the last five completed calendar quarters before your claim date. So if you filed in late 2026, your base period runs from roughly July 2025 through June 2026. Knowing that quarter helps you estimate what your weekly amount will be.

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My highest quarter was probably around spring 2026 so that should be in the base period then.

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Should be, yes. The cap on weekly benefits is $619 currently for claims from early October 2026 on. If your highest quarter calculation comes out above that it still stops at the cap.

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the formula surprised me when i first saw it. divide that quarter total by 25. it's usually lower than people expect when they first hear it

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One thing that can complicate a fired claim is if there was any severance involved. If your former employer paid you any severance you have to report it when you apply or by calling TWC at 800-939-6631. TWC mails a decision on how it affects your benefits because certain severance arrangements can pause payments. Don't skip reporting it because that creates bigger problems later.

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They gave me two weeks pay when I signed the separation papers. Is that severance or just regular pay?

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Probably worth calling TWC to clarify rather than guess. The separation agreement would say whether it's labeled as severance, pay in lieu of notice, or something else, and that distinction matters to TWC.

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Wages paid instead of notice actually stop benefits for the period they cover. Report it and let TWC make the determination, don't try to work out the math yourself.

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My termination claim went into adjudication and I panicked and called TWC every day for two weeks getting nowhere. Eventually used Claimyr to reach an agent who told me the hold was because my employer disputed the separation reason. Just knowing that helped me calm down because I could see the process was actually moving, it just takes time.

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How long after they told you that did you get the determination letter?

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About nine more days. The letter came and it was approved. All that worrying for nothing but at least the agent gave me a real status update instead of just 'it's pending.

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knowing its actually moving is so different from just sitting in silence. the worst part of adjudication is not knowing if anything is happening at all

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Appeals exist if you get denied. You have 14 calendar days from the date printed at the top of the determination letter to file an appeal in writing. Can do it in UBS under Submit An Appeal, in person at a Workforce Solutions office, or by mail or fax. The first level is a phone hearing with a Hearing Officer. Keep requesting payment the whole time an appeal is pending, never stop just because you filed one.

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Hopefully I won't need that but good to know the deadline is 14 days from the date on the letter not when I receive it.

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Exactly, the mailed date is what counts, not your received date. Open any TWC mail the day it arrives and check that date immediately.

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and if you miss the 14 days you're basically stuck. i've seen people come here saying they missed by one day and it's not good. act fast on those letters

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the misconduct definition from TWC is not about doing your job badly in general. it has to be more like you did something wrong on purpose, broke a policy, broke a law on the job, seriously neglected what you were supposed to do, or just refused to do work you were capable of doing. regular performance problems where someone just wasn't meeting expectations isn't automatically misconduct. your situation with no documentation sounds more like the second category to me

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That breakdown actually makes a lot of sense. What happened to me was more like they decided I wasn't the right fit after four years, not that I deliberately did anything wrong.

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that's the distinction. fitting or not fitting is very different from willfully failing. twc is looking for the willful part.

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This is accurate. The key word throughout TWC's misconduct definition is intentional behavior or deliberate neglect. Someone who just wasn't excelling at their job doesn't meet that standard on its own.

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Went through adjudication after a termination and the employer claimed I violated company policy. Used claimyr.com to reach an agent about three weeks in because I hadn't heard anything and needed to know if more information was required from my side. The agent confirmed they were still waiting on the employer's response and told me no additional action was needed from me at that point.

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That's exactly the kind of update I'd want. Just confirmation that the process is moving and I'm not missing a step.

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Exactly. Sometimes you just need someone to tell you to stay the course. The agent also reminded me to keep submitting payment requests on schedule which I hadn't even thought about.

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Former manager here who has been through the TWC notification process from the employer side. When TWC contacts a former employer after a fired-for-cause claim, they expect documentation to back up misconduct claims. HR departments that just check a misconduct box without attaching write-ups, performance plans, or disciplinary records often see those claims approved for the employee because the documentation simply isn't there.

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This is the clearest explanation of why my situation might work out. They checked a box but have nothing behind it.

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That's the most common outcome in my experience. The employer notification from TWC isn't a rubber stamp process. They actually want the supporting documentation.

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Makes sense. TWC is essentially asking both parties to prove their account. An employer who fires someone informally and vaguely usually can't do that.

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my brother got fired last year claimed ineligible at first then appealed and won. the hearing was a phone call with a hearing officer, took maybe 45 minutes, he just walked through what happened and the employer couldn't back up what they said. determination came about a week after the hearing saying approved

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Good to know appeals actually work. I'm hoping I don't get to that stage but if I do it's not a dead end.

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it really isn't. the first determination isn't final if you disagree with it and can back up your side.

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Tele-Serv at 800-558-8321 is available for checking payment status and submitting payment requests without waiting to reach a live agent. Option 1 is for payment requests. It's available more hours than the regular Tele-Center line and doesn't require talking to anyone which is nice when you just need to get a payment request in.

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Using that for my payment requests then. Less stressful than trying to get through to a live person for routine stuff.

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That's the move. Save the live agent calls for actual questions about your claim status or adjudication. Payment requests Tele-Serv handles fine.

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ubs works too for payment requests. i do mine online every other sunday, takes about two minutes once you know the questions it asks

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my claim is currently in adjudication after they said i was fired for misconduct too. been two weeks and still waiting. is 4-5 weeks the normal range people are seeing or does it go longer sometimes?

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Four to five weeks from application to determination is typical. Some cases run longer if the employer is slow to respond or if there are multiple issues to decide. Check UBS daily since status updates happen overnight.

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Mine was about five weeks from application date. Felt like forever but it landed within that normal window. Keep requesting payment and log your work search activities the whole time.

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had a friend whose took seven weeks because the employer kept asking for extensions. it happens. just means yours is still in normal range unless you're past six weeks

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