If you get fired are you eligible for unemployment in Texas TWC?
Got let go from my warehouse job last Tuesday and I'm trying to figure out where I stand. My supervisor said I was fired for 'performance issues' but honestly the whole situation was complicated - I'd been dealing with some equipment that kept malfunctioning and my numbers dropped because of it. HR gave me a written warning two months ago but nothing after that, then out of nowhere I'm called into the office and that's it. I'm 41 years old and this is the first time I've ever been fired from anything. I have no idea how unemployment works when you're terminated vs. when you quit. Do I even have a shot at getting benefits? I've been with that company for 6 years so I definitely have wages in the system. Filed my Texas TWC claim online yesterday through UBS but now I'm just waiting and stressing.
73 comments

Aisha Rahman
Filing right away was smart, seriously. The claim starts from the Sunday of the week you apply, so waiting even a few extra days can cost you a week of benefits you can't get back. On the fired vs. quit question - being fired doesn't automatically disqualify you. It really comes down to whether TWC decides what happened counts as misconduct. Things like breaking company policy on purpose, violating a law, or just flat-out refusing to do your job when you're capable of it - those are the kinds of things that get you disqualified. But equipment problems affecting your numbers? That's a much grayer area, and TWC hears both sides before deciding. Your former employer has 14 days from when TWC mails them a notice to give their version of things. After that it usually takes about four weeks before you get a determination letter.
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QuantumQueen
AuthorFour weeks feels like forever when you have rent due but at least I know there's actually a process here. Do I just wait around or is there something I should be doing in the meantime?
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Aisha Rahman
Keep requesting payment on the schedule TWC gave you - there should be a letter called 'Instructions: Requesting Benefit Payments' in the mail telling you when to start. Don't wait for a decision before you do that. Keep requesting every two weeks no matter what.
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Ethan Wilson
The four week thing is real, mine took almost exactly that. The determination letter explains everything they decided and why.
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Yuki Sato
My cousin used Claimyr when she got fired from her restaurant job and couldn't get anyone at TWC on the phone to ask about her adjudication status. She said it basically holds your place in the phone queue and then calls you when a live agent picks up. She used it because she needed to know whether a severance payment she got was going to affect her benefits - the agent told her TWC would mail her a separate determination on the severance and she just needed to keep requesting payment in the meantime. The site is claimyr.com and there's a video showing how it works at https://youtu.be/V-IMvH88P1U if you want to see it before trying.
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QuantumQueen
AuthorI actually do have a question about severance - they gave me two weeks of it. Didn't realize I needed to report that. Good to know TWC mails a separate decision on it.
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Carmen Flores
Severance tripped me up too. You have to report it when you apply and then answer the income questions on every payment request. TWC figures out what it means for your claim and sends you something explaining their decision.
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Andre Dubois
Had the same situation with severance, the separate determination letter thing is accurate. Mine came about a week after my regular eligibility letter.
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CyberSamurai
Performance issues is one of those phrases employers throw around and it can mean a lot of different things to TWC. If your employer tells them you couldn't do the job adequately even though you were capable of doing it, that could be their argument for misconduct. But if you can show the equipment was broken and your numbers dropped because of that, that's a pretty different story. Write down everything you remember about those equipment problems now while it's fresh - dates, who you told about it, any emails or texts about it. You may not need any of that, but if you end up needing to appeal you'll want it.
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QuantumQueen
AuthorI did tell my supervisor about the equipment at least three times. I think I have some texts about it on my phone. I had no idea documentation would matter this much.
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CyberSamurai
Those texts could be really valuable if this goes to an appeal hearing. The appeal is just a phone call with one hearing officer and you can present evidence. Keep everything.
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Zoe Alexopoulos
Documentation saved me in my appeal. I had one email where my manager acknowledged the problem and that made a huge difference.
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Jamal Carter
Quick correction on something I see people get wrong all the time - getting fired for performance doesn't automatically mean misconduct, but it also doesn't automatically mean you're clear either. It depends on what the employer actually says to TWC. The determination letter will explain exactly what TWC decided and what their reasoning was. If you disagree with it you have 14 calendar days from the date printed at the top of the letter to appeal in writing through UBS.
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Mei Liu
14 days goes fast though, especially if the letter sits in your mailbox for a couple days before you check it. Check UBS regularly too because sometimes things show up there.
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QuantumQueen
AuthorI'm going to start checking UBS every day. I didn't realize I could track stuff there in real time.
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Jamal Carter
UBS updates overnight so checking once a day is usually enough. Look under your claim status - it'll show determinations when they're posted.
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Liam O'Donnell
BEEN THERE. Got fired from a job two years ago for 'policy violations' that were honestly ridiculous. My manager had it out for me for months. Filed with TWC expecting to get denied and actually got approved because when TWC asked my employer for specifics they couldn't really back up what they claimed. The whole process felt nerve-wracking but try not to assume the worst before TWC even makes a decision. Just be honest when TWC contacts you, answer everything completely, and let the process work.
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QuantumQueen
AuthorThis is genuinely reassuring. I keep assuming I'm going to get denied because I was technically fired, not laid off.
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Liam O'Donnell
That assumption is super common and it holds people back from even filing. Being fired just means they look at the reason, it doesn't mean automatic denial.
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Amara Nwosu
Agreed. I know several people who got benefits after being fired once TWC heard the full story. Worth filing and seeing what happens.
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AstroExplorer
Are you registered on WorkInTexas.com yet? That's something you need to do as part of the process. And you'll have to do work search activities every week - TWC mails you a letter saying exactly how many are required in your county. Keep a log of every application and contact because TWC can ask you to show that at any time.
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QuantumQueen
AuthorI haven't done that yet, I didn't realize it was required. Going to get on that today.
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AstroExplorer
Do it soon - WorkInTexas.com registration is part of what you need to stay eligible, not just an optional thing.
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Giovanni Moretti
The work search number varies by county so the letter they mail you is what actually matters. Don't guess at it.
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Fatima Al-Farsi
Something I want to double-check with you - when you say 'performance issues,' did your employer give you any documentation saying what exactly the performance issue was? Like a PIP or specific written goals you missed? Because what the employer actually tells TWC in writing is what TWC uses to make their call. If their response is vague or just says general performance, that works more in your favor.
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QuantumQueen
AuthorI got one written warning two months ago but it was pretty general, just said my output was below target. Nothing specific about what I was supposed to fix or by when.
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Fatima Al-Farsi
That vagueness could actually work in your favor. A single general warning followed by termination is a weaker misconduct case for the employer than a documented progressive discipline process.
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Dylan Cooper
My HR background tells me the documentation trail matters a lot in these situations - both what the employer has AND what you have.
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Sofia Perez
For the work search piece - in Texas the required number of activities per week is set by your local Workforce Development Board and it ranges from 1 to 5 depending on your county. If you're in Harris, Dallas, Bexar, Tarrant or Travis county you're doing 5 a week. The letter TWC mails you will state your specific number. Applications, reaching out to employers, attending job fairs - those all count. Just log every single one with dates and employer names.
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Dmitry Smirnov
I had no idea it was different by county. I was just doing 3 because someone told me that was the number everywhere.
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Sofia Perez
That's a pretty common mistake. The letter you get from TWC is the number to follow, not what anyone else tells you. If your letter says 3 and someone else's says 5, both can be correct.
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QuantumQueen
AuthorI'm in Tarrant County so I guess I'll be doing 5 a week. Good thing I found this out now before I got short on my activities.
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ElectricDreamer
My claim after getting fired last year went to adjudication for about three weeks and I was losing my mind. What I found out is adjudication just means TWC is looking at a specific issue before deciding if they can pay you - it's not a denial. A lot of people panic when they see that word and think it means they're getting rejected. The important thing during adjudication is to keep submitting your payment requests on schedule. If you get approved, TWC can only pay the weeks you actually requested.
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QuantumQueen
AuthorI keep seeing the word adjudication and not fully understanding what it means. So it's basically just them investigating? Not a denial?
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ElectricDreamer
Exactly. It just means there's an open question they're reviewing. Could be about why you were fired, could be about the severance you mentioned - anything that needs a closer look. The claim keeps moving forward while they do that.
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Carmen Flores
People confuse adjudication with an appeal all the time. Adjudication is TWC doing their own review. An appeal is when YOU disagree with a decision they already made and formally challenge it in writing.
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Ava Johnson
My brother got fired for the same kind of vague reason and TWC approved him. I want to flag one thing though - when TWC reaches out to you for your side of the story, answer every question fully. Don't just say 'it was a misunderstanding.' Explain the equipment problems, the timeline, the fact that you reported it. The more specific you are, the more TWC has to work with.
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QuantumQueen
AuthorHas TWC reached out to you directly in a situation like that? Like by mail or phone?
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Ava Johnson
In my brother's case it was a letter asking him to call in and give his statement. I think it varies - sometimes they just go off what both sides submit in writing. Keep an eye on your mail and check UBS regularly.
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Andre Dubois
Got a letter asking me to call after I filed. When I finally got through the agent asked about why I left and I just explained everything calmly. Try not to overthink how to present it.
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Ethan Wilson
You mentioned your wages from 6 years at the company - that's good news for your benefit amount. TWC calculates your weekly payment based on the highest quarter of wages in your base period, which covers roughly the first four of the last five completed calendar quarters before you filed. Take that quarter's earnings and divide by 25 and that's roughly your weekly amount. The max is $619 a week.
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QuantumQueen
AuthorSo if my best quarter was around $12,000 that would put me at around $480 a week? That math seems right.
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Ethan Wilson
That's how it works, yes - $12,000 divided by 25 is $480. As long as it's under $619 that's your weekly amount.
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Mei Liu
Just make sure the quarter you're thinking of actually falls in the base period. If you weren't sure when your base period starts, it's on the determination letter or you can see it in UBS.
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Zoe Alexopoulos
Nobody told me about the waiting week thing when I filed and it tripped me up. TWC holds back your first payable week - you don't get paid for it right away. You get it after you've been paid at least twice your weekly benefit amount AND you either go back to full-time work or use up all your benefits. If you go back to work first, you have to actually request it through UBS or Tele-Serv, it doesn't happen automatically.
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QuantumQueen
AuthorWait so the first week I'm approved for just... doesn't pay out until later?
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Zoe Alexopoulos
Right, it's held. You'll eventually get it but not at the start. It confused me too because I kept thinking there was an error.
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Aisha Rahman
To be clear on this - both conditions have to be met for it to pay out. If you're just getting paid twice your weekly amount that alone isn't enough. And it's definitely not lost forever, just delayed.
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Amara Nwosu
Something worth knowing about appeals since you're in a fired situation - if TWC denies you and you disagree, the appeal is a phone hearing with one person called a Hearing Officer. You can submit evidence beforehand. Those texts about the broken equipment you mentioned could absolutely be relevant there. The hearing packet usually arrives five to ten days before the actual call.
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QuantumQueen
AuthorHow do I even file an appeal if it comes to that? Is it through UBS?
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Amara Nwosu
Yes, there's an option in UBS called 'Submit An Appeal.' You can also do it in person at a Workforce Solutions office or mail it in. Just has to be in writing, not over the phone. And you have exactly 14 calendar days from the date at the top of the determination letter, not from when you receive it.
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Dylan Cooper
The 14 days starting from the mailed date is the part that gets people. If the letter sat in your mailbox for three days you've already lost three of those 14 days.
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Giovanni Moretti
I had a coworker who thought getting fired for performance was completely different from misconduct and that he was definitely getting approved. TWC denied him because his employer said he repeatedly refused to follow a specific safety policy even after being told. That was misconduct in TWC's view. The lesson I took from that is - what the employer says matters as much as what you say, and showing up for your part of the process matters too.
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QuantumQueen
AuthorThat's a little scary to hear honestly. But in my case the issue was genuinely equipment failure, not me refusing to do anything.
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Giovanni Moretti
That's a meaningful difference. Refusing to do something when you can is not the same as not being able to do it because the equipment doesn't work. Document the distinction clearly if you have to give a statement.
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Dmitry Smirnov
When I got my ReliaCard I was confused about the deposit timing. For anyone who doesn't know - the debit card shows up within 10 business days after your first payment. After that, once a payment request is processed, money usually hits the card within two business days. First one takes longer just because the card has to be issued and mailed.
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QuantumQueen
AuthorCan I switch to direct deposit instead of the card?
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Dmitry Smirnov
Yes, you can set up direct deposit through UBS. I'd actually recommend that if you have a bank account - faster and you don't have to wait for a card to arrive.
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ElectricDreamer
Direct deposit is definitely the way to go. Set it up early in your claim so you're not waiting around on the card.
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Andre Dubois
My situation after getting fired went smoother than expected because I called TWC early to explain the circumstances before they'd even contacted me. I used claimyr.com to get through since regular calling was taking forever. The agent I talked to walked me through exactly what documentation to have ready and confirmed that my employer would get a formal notice to respond to.
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QuantumQueen
AuthorCalling early and explaining your side proactively - is that actually useful or does TWC kind of ignore it until they go through the formal process?
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Andre Dubois
From my experience the agent noted what I told them in the file. Whether it changed anything I can't say for sure, but I felt better knowing I'd gotten my version in there early. And the agent confirmed the process was moving normally.
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Dylan Cooper
Texas is a no-income-tax state so the only tax hit on unemployment benefits is federal. TWC can withhold 10% for federal taxes if you request it - there's a voluntary withholding option in UBS. If you don't elect that, you'll owe whatever you owe when you file your return in spring. TWC mails a 1099-G in January showing what you received.
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QuantumQueen
AuthorI hadn't even thought about taxes on unemployment. I'll look for that withholding option in UBS.
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Dylan Cooper
It's under your payment preferences or account settings in UBS. Worth setting up early so you're not surprised.
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Ethan Wilson
The 1099-G also shows up in UBS under IRS Tax Information if you lose the paper version.
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Mei Liu
Used claimyr.com last month when I needed to ask about an overpayment notice on a previous claim. Got through to an agent who explained the repayment schedule and confirmed I could pay any amount toward it - I didn't have to pay the whole thing at once. That was useful to know. If calling TWC directly has been impossible for you, it's worth using.
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QuantumQueen
AuthorI haven't gotten an overpayment notice but good to know that's an option for reaching TWC. The regular phone lines are brutal.
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Ava Johnson
The hold times can genuinely be hours. Good to know there are options when you actually need to talk to someone.
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Carmen Flores
Just flagging - if you do get denied and decide to appeal, keep submitting your payment requests every two weeks the whole time. This trips a lot of people up. They stop requesting payments while the appeal is going on, then win the appeal, and TWC can only pay the weeks they actually requested on time. The appeal process can take a while.
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QuantumQueen
AuthorSo even if I'm denied I should keep requesting payment? That feels counterintuitive but I'll do it.
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Carmen Flores
100%. TWC can only pay weeks you requested. If you win on appeal and skipped three weeks of requests during the process, those weeks are gone.
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Liam O'Donnell
This is probably the most important practical advice in this whole thread. Keep requesting no matter what.
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