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Avery Saint

If you get fired can you collect unemployment in Texas TWC?

So I got let go from my job at a logistics company about two weeks ago and I'm honestly not sure where I stand. My manager said it was due to 'performance issues' but I never got a written warning or any kind of formal documentation. I'd been there almost four years. I filed my claim with Texas TWC right away but now I'm just sitting here waiting and I have no idea if getting fired automatically disqualifies you or not. Everyone I've talked to in real life has a different opinion. Some people say you can never get unemployment if you're fired, others say it depends. I really need to figure this out because rent is due in three weeks and I have nothing coming in. Has anyone actually been through this and gotten approved after being fired?

Being fired doesn't automatically knock you out of getting benefits, that's a really common misconception. What Texas TWC actually looks at is whether you were fired for what they call misconduct. If the company fired you for things like breaking company policy, breaking the law on the job, or just not doing your work when you were capable of doing it, that's what gets you disqualified. But if it was something more vague like 'we're restructuring' or even a performance issue that wasn't really your fault, you might still be eligible. The key is that TWC contacts your former employer and gets their side too, so it's not just your word.

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This is exactly right. I got fired from a retail job a couple years back and they said performance too, but TWC approved me because the employer couldn't really show I'd done anything that fit their misconduct definition. The whole process took about four weeks before I got a decision.

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wait so performance issues might not count as misconduct? I always thought any firing meant no benefits

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Right, TWC doesn't treat every firing the same way. Performance and misconduct are different things in their system. Misconduct has to be something more intentional or negligent, not just struggling with the job.

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TWC is going to mail your old employer a notice asking why you were separated. That employer has 14 days to respond with their version of events. So whatever they write back is a big part of how TWC makes the call. If they claim misconduct, TWC weighs that against what you told them when you filed. You should be ready to explain your side clearly if they ask.

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Does TWC call you to ask questions or is it all done through the mail and the online system?

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Mostly through UBS and mailed notices. They send you a determination letter when they decide. If something needs clarification they might contact you but don't count on a phone call.

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I tried calling TWC to ask about my own separation claim last month and couldn't get through for days. Eventually used Claimyr at claimyr.com and it waited on hold for me and connected me when an agent picked up. The agent walked me through exactly what my employer had submitted and what TWC needed from me. Really cleared things up fast. There's a demo at https://youtu.be/V-IMvH88P1U if you want to see how it works.

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That's actually helpful to know about the phone option, I've been trying to reach someone to ask specifically about my situation and keep hitting the automated system dead end.

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Four years at a company with no written warnings and they fire you for 'performance issues'? Honestly that sounds more like a layoff they're trying to dress up. Companies do this sometimes to try to avoid having the benefits charged to their account. File your claim and be specific when you describe the separation. Tell TWC exactly that you had no written warnings, no formal disciplinary process, four years on the job. That context matters.

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I did describe it in detail when I applied. I mentioned the lack of documentation specifically. Hoping that helps.

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smart move. paper trail on your end matters even if they dont have one on theirs

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There's something worth knowing here about those employer accounts. When TWC pays out benefits on your claim, it gets charged back to your base period employers. That's why some companies fight claims or try to frame things as misconduct, it affects their future tax rate. Not saying that's definitely what happened here but it's a real thing.

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Exactly what I was getting at. And TWC sees this pattern, they're not naive about it.

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Keep doing your payment requests while you wait for the determination. A lot of people don't realize you're supposed to start requesting payments about one to two weeks after you apply, without waiting for TWC to approve the claim. If you hold off and then get approved, TWC only pays for weeks you actually requested on time. So don't skip those.

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I had no idea about this, thank you. So I should log into UBS and do the payment request even though my claim hasn't been decided yet?

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Yes exactly. Log into UBS at apps.twc.texas.gov/UBS and request payments every two weeks. The letter TWC mailed you after you applied should have your specific request date on it. Follow that date.

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This tripped me up on my first claim. I waited for the approval letter before requesting and missed two weeks of payments. TWC won't back-fill those if you didn't request on time.

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that seems backwards but ok noted, requesting even before you know if you're approved

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Also make sure you're registered on WorkInTexas.com and doing your required work search activities every week. TWC mails you a letter telling you how many you need to do per week in your county. Dallas and Harris and a few others require five a week but it varies. Keep a log of everything because TWC can ask for it.

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I registered on WorkInTexas.com the day after I filed. Haven't gotten that letter yet about how many activities I need. Should I be doing them in the meantime?

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Yes, start doing them now and log them. Once the letter arrives you'll know your exact number but doing activities while you wait won't hurt anything.

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I made the mistake of not keeping a log the first few weeks and TWC sent me a verification request. Had to scramble to put together documentation. Keep the log from day one.

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my cousin got fired for being late too many times and TWC denied him. so just heads up not every firing gets approved. i think it depends a lot on what the employer says

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Repeated tardiness after being warned about it is actually one of the situations that could qualify as misconduct under TWC's rules, so that outcome makes sense for your cousin's case. It's about whether the employee was knowingly violating a workplace policy they knew about.

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oh i didnt know that. he never appealed either, wonder if that wouldve changed anything

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Appeals are possible within 14 days of when the determination letter was mailed. If that window passed he couldn't go back, but for anyone reading this who just got denied, check that date on your letter immediately.

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The determination letter is really important to read carefully when it arrives. TWC sends a separate one for each issue on your claim, and even if one says you're okay, another one saying 'cannot pay' means no benefits until that's resolved. I had two separate determination issues and it confused me until someone explained that all of them have to be resolved in your favor.

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So I could get one letter saying approved and still not receive anything? That's a little alarming to hear.

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Unfortunately yes. If there's any other open issue on the claim, like an identity verification hold or a question about your separation, one 'cannot pay' blocks everything. Check UBS daily for status updates.

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ugh this system is so complicated for people going through it for the first time

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just want to throw in that if twc does deny you, you can appeal it. you have 14 days from the date on the determination letter to file the appeal. you can do it right in UBS. a lot of people give up after a denial and they dont have to

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Appeals actually go to what's called the Appeal Tribunal, it's a telephone hearing with a Hearing Officer. It's not as scary as it sounds, you just present your side over the phone. No lawyer required.

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Good to know I have that option if it goes badly. Really hoping it doesn't come to that but at least there's a path forward.

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keep all your documentation from your job, anything that shows your work history there, any emails, anything. helps if it goes to a hearing

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Went through this after being let go from a warehouse job in late 2026 and I want to tell you the waiting is the hardest part. My claim sat in adjudication for almost three weeks before the determination came. The whole time I had no idea which way it would go. When it finally came back approved I was so relieved. Keep checking UBS every day, they update it overnight.

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Three weeks feels like forever when you have bills stacking up. Glad yours came through. Did you have to do anything during that wait besides the payment requests and work search?

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Nothing beyond what everyone here is saying. Payment requests on time, work search log, check UBS. That's really all you can do until the letter arrives.

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The overnight updates thing is real. I'd check in the morning and that's when changes showed up, never mid-day.

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Something about your situation that works in your favor is the four years without formal documentation. When an employer claims misconduct but can't back it up with records, TWC has less to go on from their side. Not a guarantee but that's a meaningful detail in your favor.

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Does the employer have to submit actual written proof or can they just describe what happened?

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They can describe it, but TWC weighs how credible and specific both sides are. Vague claims of performance issues with nothing documented tend to carry less weight than documented disciplinary actions.

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This is a good point. Employers who fight claims without documentation don't always win. File, be honest, describe what happened clearly and let TWC work through it.

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My brother dealt with something similar and when he finally got through to a TWC agent the agent was able to tell him exactly what the employer had written in their response. That info helped him understand what he was actually dealing with. Getting a human on the phone is worth the effort if you can manage it.

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Claimyr is what finally got me connected after days of trying. You call in, it handles the hold time and gets you to a live agent. I needed to ask about a separation code on my claim and the agent explained the whole thing.

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My brother ended up getting through eventually but it took him four days of trying. Sounds like that service cuts that down significantly.

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I may try that route. Having an actual agent explain the employer response would be really useful right now.

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One thing that trips people up: the base period for your claim covers wages from roughly the first four of the last five completed quarters before you filed. So your four years of work history likely gives you a solid wage base, which means your weekly benefit amount should be on the higher end if you get approved. The max weekly benefit right now for new claims is $619.

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wait how is the weekly amount actually calculated though

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TWC takes your highest earning quarter from the base period and divides it by 25. So if your best quarter was, say, $12,000 in wages that would put you at $480 a week. It's capped at $619 though.

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i had no idea it was based on your best quarter specifically, I thought it was an average of all of them

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There's a waiting week situation that catches a lot of first-timers off guard. TWC holds your first payable week and doesn't release it until after you've been paid twice your weekly benefit amount AND you've either gone back to full-time work or used up all your benefits. If you go back to work first, you have to actually request that week through UBS or Tele-Serv, it doesn't release automatically.

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So that first week just sits there until one of those two things happens?

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Exactly. It's not gone, it's just held. When you eventually go back to full-time work, log into UBS and use the Request Your Waiting Week option. Or call Tele-Serv and use Option 2 then Option 4.

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I forgot to do this and almost lost my waiting week. Someone on this exact kind of forum reminded me and I did it in time. It's not widely advertised.

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TWC should really make this more obvious during the application process. Too many people find out about it late.

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Earning anything while your claim is active has to be reported too. If you pick up any temp work, gig work, side jobs, anything, you report the gross amount for the week the work happened even if you haven't been paid yet. You can earn up to 25 percent of your weekly benefit amount without it reducing your payment. Above that it starts to come off.

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what about like selling stuff online, does that count

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Reselling things for profit counts as income and has to be reported as earnings. Selling your own stuff that you owned isn't the same thing, but if you're buying and reselling regularly, that's income.

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gig apps too like uber or instacart, all of it gets reported. found that out the hard way

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The identity verification step sometimes delays claims and nobody warns you about it. If TWC sends you a notice to verify your identity, you can do it online through ID.me or in person at a participating post office. If you go the post office route you have to finish it within 7 days of getting your USPS enrollment code. Not doing it on time can stall or kill your claim.

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I did the ID.me verification right after I applied, it prompted me during the application. Hopefully that's already taken care of.

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If you completed it during the application process you're likely fine, but keep an eye on UBS for any additional verification notices. Sometimes they come separately.

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The ID.me path didn't have a deadline mentioned anywhere when I went through it, only the post office route has that 7-day clock.

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Benefits are taxable income at the federal level, just so people know. You can elect to have 10 percent withheld from each payment automatically. Texas doesn't have a state income tax so that's one less thing to worry about, but federal tax is real and a lot of people get surprised at filing time if they didn't withhold anything.

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ugh I did not think about taxes at all. where do you set up the withholding?

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In UBS there should be an option in your account settings to elect federal withholding. You can also change it later. TWC mails a 1099-G in January showing what you got paid, same form is available in UBS under IRS Tax Information.

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Yeah, the 1099-G surprise is a thing. I owed money the first year because I didn't withhold anything. Set it up early.

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For what it's worth, four years on a job with no disciplinary record and a firing based on vague performance language is probably one of the more favorable scenarios for a claimant. Not every story turns out that way but yours has the basic shape of one that often does. Keep your records, stay on top of the payment requests, and let the process run.

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This whole thread has been genuinely calming. I came in here panicking and now I at least understand what I'm dealing with and what I can control.

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That's the best you can do, honestly. Focus on what you can control and trust that the system works more often than people think when the facts are on your side.

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Report back when your determination comes in. This thread has good info and knowing how it turned out helps the next person who lands here searching the same question.

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