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Sophia Gabriel

If you get fired can you apply for unemployment in Texas TWC?

So I got let go from my warehouse job last week and I'm honestly not sure where to stand with this. My supervisor said I was being terminated for 'performance issues' but I never got a written warning, never had a formal review, nothing documented at all. I showed up every single day, never missed a shift in two years, and suddenly I'm out the door with a box of my stuff. A coworker told me people who get fired can't collect unemployment but that doesn't sound right to me. I went to the Texas TWC website and tried to read through everything but honestly it's a lot to take in when you're stressed and panicking. Filed my claim online through UBS three days ago and now I'm just sitting here waiting and wondering if I made a mistake even applying. Anyone been through something like this? Does getting fired actually disqualify you or is that just a myth?

Your coworker has it backwards, honestly. Getting fired doesn't automatically mean you can't collect. Texas TWC looks at WHY you were fired, not just the fact that you were. The question they're really asking is whether what you did counts as misconduct — things like breaking company rules on purpose, breaking the law, or just completely blowing off your job duties when you're capable of doing them. 'Performance issues' is vague and that matters. If your employer can't point to something specific you did wrong, that works in your favor. File and let TWC make the determination, don't disqualify yourself before they even look at it.

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That's genuinely reassuring to hear. I was scared the word 'fired' just automatically meant denied. So TWC actually investigates what the reason was?

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Yeah, that's exactly what adjudication is — they reach out to your former employer and get their side, then they look at yours. Both accounts matter. Usually takes around four weeks before you get a determination letter.

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The four weeks thing is real, I waited almost exactly that long before I got mine. Keep checking UBS every day, they update it overnight.

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Used Claimyr to get through to a live TWC agent last month when my claim was stuck — I needed to ask whether my termination reason was going to trigger a full adjudication review or just a quick check. Went to claimyr.com, it holds the phone line for you and calls you when an agent actually picks up. The agent told me my situation needed more documentation from my employer before they could move it forward. Video walkthrough of how it works is at https://youtu.be/V-IMvH88P1U if you want to see it before trying.

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Wait so it just waits on hold FOR you? That's the part I hate most about calling TWC, sitting there for two hours.

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Exactly what I needed to hear about this. My call situation is different — I'm trying to find out if my severance payout is going to pause my payments — but sounds like it'll work for that too.

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Quick thing to know about the timeline: TWC mails your old employer a notice once you file, and that employer has 14 days to respond with their version of events. So whatever they tell TWC about why you were fired is part of what gets weighed. If they say misconduct and you say it wasn't, that becomes the adjudication issue. Document everything you remember right now while it's fresh — dates, what was said, who was in the room.

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I've been writing stuff down since the day it happened. No write-ups, no warnings, nothing in writing from them ever. Does that help my case?

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It definitely doesn't hurt. Keep those notes. If this goes to an appeal hearing at any point, that kind of detail is what you bring.

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The documentation thing is so true. I had a similar situation and the fact that I'd kept a rough timeline of everything helped me remember specific dates when I needed them.

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Honestly the worst part of all this is the waiting. You file, and then it's just silence for weeks. No updates, no explanation of what's happening, just 'pending' on UBS every time you log in. The system is not designed for people who are stressed about paying rent.

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This is exactly where I'm at right now. Every morning I log in, it just says the same thing.

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You can also check Tele-Serv at 800-558-8321, it updates overnight same as UBS. Sometimes I'd check both just to feel like I was doing something.

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The overnight update thing messed with my head too. I kept checking at like 11pm wondering why nothing changed and then figured out I should check in the morning.

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Does 'performance issues' even legally count as misconduct though? I always thought misconduct had to be something like stealing or showing up drunk.

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TWC's examples lean toward things like breaking policy on purpose, doing something illegal, or deliberately neglecting your duties when you know how to do the job. Pure performance — like you just weren't hitting the numbers — sits in a different category than willful misconduct. But it's not a black-and-white line, which is why they investigate instead of just taking the employer's word for it.

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Oh okay so it's more about intent than just results? That makes more sense.

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Yeah the 'were you capable but chose not to' versus 'you tried but weren't good enough' distinction matters a lot here apparently.

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My cousin got fired last year for 'not meeting performance standards' and she got approved after adjudication. The employer basically couldn't show TWC that she had been warned or given a chance to improve. TWC approved her and she got backpay for the weeks that were held up during the process.

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This is really helpful to hear as a real example. Did she have to do anything special or just wait?

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She just waited and kept requesting payments every two weeks like you're supposed to. That part is important — don't skip payment requests just because the claim is still pending.

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Wait, I'm supposed to keep requesting payments even before they decide? I didn't know that.

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Since someone above mentioned it — yes, keep making your payment requests on schedule even while adjudication is happening. You request every two weeks, starting about one to two weeks after you filed. TWC mails you a letter with your first request date on it. If you skip a request window, you might lose that week's payment. You can file Sunday through Wednesday, and if you miss that you can still do it Thursday through Saturday of that same week.

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Oh no, I haven't requested yet. I was waiting for them to decide first. Is it too late?

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Check the letter TWC mailed you after you applied — it shows your first payment request date. If that date hasn't passed yet you're fine. Log into UBS or call Tele-Serv and get that request in.

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I made this exact mistake when I first filed. Thought I had to wait for approval before requesting. Ended up losing two weeks because I missed the window. Don't do what I did.

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Something about the work search requirement that trips people up — once you're claiming weeks, you have to be doing your required number of job search activities every week and logging them. TWC mails you a letter that tells you your specific number, which depends on your county. Harris, Dallas, Tarrant, Bexar, Travis — those are all five a week. Keep records of everything because TWC can ask for your log at any time.

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I'm in Fort Worth so that's Tarrant County. Five a week, got it. Do applications count or does it have to be actual interviews?

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Applications count, yes. The activity types include submitting applications, contacting employers, attending job fairs — the letter TWC sends you breaks it down. The main thing is log everything with dates and employer names.

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Also make sure you're registered on WorkInTexas.com — that's required too. If you haven't done it yet, do it before your first payment request.

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Can I jump in with a question? My situation is a little different — I was let go and I got two weeks of severance. Do I have to report that to TWC? I don't want to mess anything up but I also don't want to report something I don't have to.

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Report it. When you apply, there's a section for it, and every payment request asks about income from other sources. TWC mails you a determination about your specific severance after you report it — some types pause benefits while you're receiving them, some don't. Never leave it off; that's the kind of thing that creates an overpayment problem down the road.

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Okay good to know. I'll report it. I just didn't want to accidentally torpedo my own claim.

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Reporting it won't torpedo your claim — not reporting it is what causes the real problems. TWC figures it out eventually and then you're dealing with an overpayment notice instead of just a small delay.

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The whole 'fired people can't get unemployment' thing is one of those myths that just will not die. I had three different people tell me not to bother applying when I got let go. Applied anyway, got approved after adjudication. The employer didn't even respond to TWC's notice within the 14 days.

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Interesting that the employer not responding has an effect. What happens in that case?

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From what I understand TWC can only work with the information they have. If your employer doesn't respond and you've submitted your side, that's what they go on. It's one more reason to file even when you're not sure.

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The number of people who don't apply because someone told them they can't is wild. File first, let TWC decide.

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Does anyone know if you can appeal if they deny you? My friend got denied after getting fired and she just gave up but I always wondered if she should have fought it.

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She absolutely could have appealed. The denial letter has a date printed at the top — the appeal deadline is 14 calendar days from that mailing date. You submit it in writing through UBS, in person at a Workforce Solutions office, or by mail or fax. The first level is a phone hearing with a Hearing Officer. You don't need a lawyer. If she missed the 14 days on that one, the window is closed, but worth knowing for anyone else reading this.

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14 days is so short. That's brutal when you're already stressed and dealing with everything else.

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And keep making payment requests all through an appeal too. TWC only pays for weeks you requested on time — if you stop requesting while waiting on the appeal decision, those weeks are gone.

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Got denied my first time and thought that was it. Filed an appeal, got the hearing packet in the mail about six weeks later, did the phone hearing, won. The whole process took a few months but the back payments for the weeks I'd kept requesting eventually came through. Don't give up at the denial stage.

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That's honestly such a good thing to know. How hard was the phone hearing itself?

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The Hearing Officer asked me specific questions about what happened, I explained my side, employer didn't show up. Keep your notes organized and just tell the truth clearly. It's not like a courtroom.

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The employer not showing up at hearings happens more often than you'd think. They have to actively participate or the HO only hears your side.

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Got through to a TWC agent using Claimyr last week specifically to ask about my claim status after my termination — it was sitting in adjudication for three weeks and I wanted to know if there was something I needed to send in. The agent confirmed my employer had responded and that the review was just taking longer than usual, nothing I needed to do. Saved me from sending in a bunch of unnecessary documents and stressing myself out.

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Three weeks in adjudication and nothing to do but wait — honestly that sounds like my current nightmare. Good to know you can at least get confirmation that things are moving.

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Exactly. Even just hearing 'it's in process, nothing's missing on your end' made the waiting way easier.

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Is there any difference in how TWC treats it if you got fired from like a big corporate job versus a small business? My old employer is a 12-person company so I keep wondering if they handle small employers differently.

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The rules are the same regardless of company size. What matters is the reason for the separation, not how big the employer is. A small employer still gets the same 14 days to respond to TWC's notice, and their account still gets charged if you're approved.

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Makes sense. I didn't know employers got charged when someone collects. That's kind of a big deal for a small business.

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Yeah it affects their future unemployment tax rate. That's why some employers fight claims harder than others — it hits their bottom line directly.

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I'm two weeks into waiting and my UBS just updated to show 'adjudication in progress.' Is that bad? I was showing 'pending' before and now it changed.

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Not bad at all — 'adjudication in progress' means they've identified something to look into, usually just the job separation reason. It's normal for a firing situation. Keep making your payment requests on schedule and check UBS every morning.

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Okay that makes me feel better. I panicked when I saw it change because I thought it meant they'd found a problem.

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Think of adjudication as the investigation step, not the rejection step. Most claims that go through adjudication do get resolved one way or another — it just takes longer than a straightforward claim.

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Just want to make sure nobody gets tripped up on the tax side of this: unemployment benefits count as taxable federal income. TWC mails a 1099-G every January and you can also find it in UBS. You can choose to have 10 percent withheld, that's optional. Worth thinking about now rather than getting surprised at tax time.

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I had no idea benefits were taxed. Good call flagging this early.

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A lot of people find out the hard way in January when the 1099-G shows up. Setting aside a little or doing voluntary withholding avoids that headache.

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The voluntary withholding option is in UBS I think? I set it up when I filed and kind of forgot about it until tax season.

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Random but can you apply if you got fired and then immediately started a part-time job? I'm only getting like 15 hours a week at the new place and it's not enough to live on.

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Yes, apply. You report the part-time earnings on each payment request — whatever you earned in that Sunday-to-Saturday week, rounded down to the dollar. Up to 25% of your weekly benefit amount you can earn without any reduction. Above that, the amount over 25% gets subtracted from your benefit. So you'd still likely get a partial payment most weeks depending on your hours.

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Oh so it's not all or nothing? I thought having any job at all disqualified me.

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Only a full-time job ends eligibility on its start date. Part-time earnings just get factored into the weekly calculation. Report everything accurately and let the math work in your favor.

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My brother went through almost this exact same type of situation — fired for 'attitude problems' which is even vaguer than performance issues. He got approved. The employer basically said he had a bad attitude and TWC decided that's not misconduct, that's just a personality thing. No specific policy violation, nothing documented.

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Attitude' problems with no documentation getting approved is genuinely encouraging. I keep thinking two years of perfect attendance has to count forsomething.

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Attendance is exactly the kind of thing that shows you were doing your job. Document that too if you can pull records.

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TWC is specifically looking for intentional, documented bad behavior — not just the employer not liking you anymore. 'We didn't like his attitude' without receipts doesn't hold up well.

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Used claimyr.com last month to check on my own fired-from-job claim while it was in adjudication. Got through to an agent quickly, found out my employer had submitted their response and the reviewer just had a backlog. Nothing I could do but wait, but at least I knew that.

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How long after that call did your determination finally come?

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About 10 more days. Honestly knowing it was just a backlog made those 10 days a lot calmer than the previous three weeks of not knowing.

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This is making me want to call and just confirm my employer responded. The not knowing is the worst part.

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One more thing on the waiting week — people get confused about this. TWC holds your first payable week until 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. You don't see that first week paid out at the start. If you do go back to full-time work later, there's a way to request it through UBS or Tele-Serv.

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So that first week just floats there until one of those conditions happens? That's a weird system.

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It is weird but it's how it works. The money doesn't disappear, it just waits. Most people see it paid out naturally over the course of their claim after a couple of payments have come through.

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I thought the waiting week was completely lost, didn't realize it comes back eventually. That's actually important to know.

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