If you get fired can you file for unemployment in Texas TWC?
So I got let go from my job at a distribution warehouse two weeks ago and I'm honestly not sure if I even qualify for benefits. My supervisor said I was being terminated for 'performance issues' but I genuinely feel like I was set up to fail - my numbers were fine for eight months and then they changed my shift schedule and my metrics tanked because I was exhausted. I never got a written warning, just a verbal conversation and then a termination letter the next week. My coworker told me people who get fired can't collect unemployment, which now has me second-guessing whether I should even bother filing. I went ahead and put in an application through UBS anyway because I figured I had nothing to lose, but now I'm sitting here anxious wondering if I wasted my time or if there's actually a chance. Does getting fired automatically mean you're disqualified? Or does it depend on the reason?
66 comments

Freya Thomsen
Your coworker has this backwards - getting fired doesn't automatically cut you off from unemployment. Texas TWC looks at WHY you were fired, not just the fact that you were. If the reason doesn't rise to the level of misconduct in their eyes, you can absolutely receive benefits. Misconduct is stuff like breaking company policy on purpose, breaking the law, seriously neglecting your duties, or just not doing your job when you're fully capable of it. 'Performance issues' is vague enough that TWC will want to hear both sides - yours and your employer's. Good thing you filed, because waiting would have cost you weeks of potential benefits.
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NebulaNomad
AuthorThat's a relief to hear honestly. So TWC actually investigates the reason? I assumed it was automatic disqualification the moment they write 'terminated' on the paperwork.
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Omar Fawaz
TWC definitely looks at the full picture. Your employer is going to get a notice asking them to explain the reason for separation, and you'll get a chance to tell your side too. The decision comes after they hear from both.
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NebulaNomad
AuthorHow long does that back-and-forth process take? My rent is due in three weeks and I'm watching the clock.
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Freya Thomsen
Usually about four weeks from when you file before you hear anything. The first payment, if approved, is also around that four-week mark. File your payment requests on schedule in UBS in the meantime - don't wait for the determination to start requesting.
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Chloe Martin
Needed to reach TWC to ask about my own termination claim status because my UBS account had been sitting on 'pending' for almost five weeks. Used Claimyr - claimyr.com - to get through to a live agent without spending my entire morning on hold. There's a video showing how it works at https://youtu.be/V-IMvH88P1U if you want to see before trying it. The agent told me my employer had just submitted their response and that a determination letter would go out within the week. Actually got an answer instead of just burning time listening to hold music.
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NebulaNomad
AuthorFive weeks is terrifying to think about. Did the agent say anything about what happens if the employer contests it?
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Chloe Martin
She said the determination would lay out the finding and that I'd have 14 days from the mailing date if I wanted to appeal. Seemed pretty straightforward once I actually got someone on the line.
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Diego Rojas
My claim sat in that same limbo. Getting an actual human to explain what's happening makes such a difference vs. refreshing UBS every hour.
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Anastasia Sokolov
The 'performance issues' framing your old job used is worth paying attention to. There's a real difference between being fired because you couldn't meet expectations versus being fired because you willfully ignored them or broke rules. If you genuinely couldn't hit the metrics - especially after they changed your conditions - that's a different conversation than if you just didn't show up or violated a policy. File and let TWC sort out which category it falls into. That's literally what the adjudication process is for.
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NebulaNomad
AuthorAdjudication - is that the same thing as an appeal? I keep seeing both words and I'm not sure which one I'm dealing with.
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Anastasia Sokolov
Different things. Adjudication is what happens before any decision is made - TWC is just gathering information and reviewing your case. An appeal is what you do AFTER you get a determination letter and you disagree with it. You're in the adjudication phase right now, not appeals.
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StarSeeker
This confused me too when I first filed. Adjudication = still deciding. Appeal = you already got a decision and you're fighting it. Two totally separate steps.
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Sean O'Donnell
Something that could actually help your case is documenting the schedule change you mentioned. If you can show that your performance was fine until they changed your shift, and that the change was something they imposed without real notice, that tells a story. Gather whatever you have - old performance reviews, any emails about the schedule shift, text messages from supervisors. You might need it if the case goes to appeal.
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NebulaNomad
AuthorI didn't even think about collecting that stuff before I left. I do have texts from my supervisor about the new schedule and I think I can get my old review scores from HR if I request them.
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Sean O'Donnell
Request those records in writing so there's a paper trail. Email HR directly and keep the email. If this ends up at a hearing, documented evidence matters a lot more than just saying what happened.
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Zara Ahmed
This is solid advice. I had a termination case go to a hearing and the written documentation I had made the difference. Keep everything.
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Luca Esposito
ive been thru this twice now and both times i got benefits after being fired, first time was a no call no show situation (long story) and second time was performance related like yours. the second time i was approved no problem. dont let your coworker's guess stress you out more than it already has
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NebulaNomad
AuthorTwo times and approved both times? That actually helps me feel like filing wasn't pointless.
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Luca Esposito
yeah both times. just make sure you keep doing your payment requests every two weeks no matter what. i almost missed one waiting for my determination and you can't skip them even while stuff is pending
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Nia Thompson
While your claim is being sorted out you should also be registering on WorkInTexas.com and tracking your job search activities every week. Each county has a different required number - could be anywhere from one to five activities a week. TWC mails you a letter with your specific number. Even if you end up approved, you won't get paid for weeks where you didn't meet the work search requirement.
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NebulaNomad
AuthorWait I didn't know about the work search thing. I've been registered on WorkInTexas.com since I filed but I didn't realize I had to log activities every week already.
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Nia Thompson
Yep, the requirement starts right away. Keep a log of everywhere you apply, every career fair, every networking contact. TWC can ask to see that log at any point.
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Mateo Rodriguez
The letter they mail you will say exactly how many activities your county requires. Mine said three a week. Don't guess - wait for that letter and then hit the number every week.
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NebulaNomad
AuthorMine hasn't arrived yet but I'll start logging everything today just to be safe.
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GalaxyGuardian
FOUR WEEKS of waiting is brutal when you have bills. The system is designed to make you give up. I was fired for 'policy violations' that I still don't fully understand and had to fight for two and a half months before getting paid. Hang in there but also know that TWC moves at its own pace regardless of your landlord's timeline.
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NebulaNomad
AuthorTwo and a half months - did you have to appeal or did it eventually just get resolved?
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GalaxyGuardian
I had to appeal. Got disqualified initially, filed my appeal within the 14 days, went through the phone hearing, and won. The whole thing is exhausting but worth fighting.
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Aisha Abdullah
The appeal process is real and people do win. The phone hearing is less intimidating than it sounds. You just explain your situation to a Hearing Officer and answer questions.
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Ethan Wilson
To answer the actual original question cleanly: yes, you can file for unemployment if you get fired in Texas. What matters is whether TWC classifies the reason as misconduct or not. Misconduct has a specific meaning to them - it's not just 'you weren't good at the job.' So filing is always worth doing because you don't know the outcome until they rule.
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Yuki Tanaka
This should be pinned - wait no I know that's a cliche. But seriously this is the clearest summary in the thread.
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Ethan Wilson
The other thing worth knowing is that even if you get disqualified, you have 14 days from the date on the determination letter to appeal. That clock starts from when it was mailed, not when you receive it, so open your mail fast.
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NebulaNomad
AuthorThat's a critical detail. The mailing date not the receipt date. I'll watch for that.
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Carmen Diaz
My brother in law got fired from a restaurant job last spring for what they called 'insubordination' and he was initially disqualified. He appealed, the Hearing Officer asked some questions, and he ended up getting approved and backpaid for all the weeks he'd been requesting. Point being: the first determination is not the final word.
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NebulaNomad
AuthorKnowing that appeals actually work and aren't just bureaucratic runaround helps. I'll keep that option in mind if my determination comes back wrong.
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Carmen Diaz
Make sure he keeps filing his payment requests the whole time an appeal is in progress. That tripped my brother in law up at first - he thought he had to wait for the appeal outcome before requesting. You don't. If you stop requesting during an appeal you won't get paid for those weeks even if you win.
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Andre Laurent
wait does this mean if i got laid off i also qualify? i thought only fired people could get unemployment and laid off people couldnt because like the company needs to let you go officially
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Anastasia Sokolov
Actually it's closer to the reverse of what you're thinking. A layoff - like your position gets eliminated, the company downsizes, the location closes - that's generally a clear path to benefits because it's not about anything you did. Being fired for misconduct is what creates problems. Both situations can qualify; the reason matters more than the label.
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Andre Laurent
oh wow i had it completely backwards this whole time. glad i asked
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Nia Thompson
Super common mix-up. The key question TWC always asks is basically: did this happen because of something the worker did wrong on purpose, or because of circumstances? Layoffs almost always fall in the second bucket.
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Diego Rojas
My termination claim needed a phone call to fix something in my file and I finally got through using claimyr.com. Had been trying on my own for days. The agent updated my employment dates which had been entered wrong and that was holding up my whole determination. Quick call, actual answer, problem fixed.
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NebulaNomad
AuthorEmployment dates entered wrong - that could have been a nightmare. Good thing that got caught before the determination came out.
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Diego Rojas
Exactly. Would have caused an overpayment issue down the line or possibly a denial. The agent caught it fast once I actually got someone to look at my account.
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AstroAce
The original question here is something a lot of people get wrong before they file. The assumption is always 'I got fired so I'm out of luck' but that's not how TWC looks at it. They care about whether you did something that genuinely makes you ineligible - not just whether your employer was unhappy with you.
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StarSeeker
Yep. And employers don't always tell the truth on those separation notices either. TWC takes your statement too, not just the employer's. So give your full honest account of what happened.
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AstroAce
Exactly - and be specific. Vague answers on your side while the employer gives specific details can hurt you. Tell the whole story with dates, names, and what actually happened.
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NebulaNomad
AuthorI've been making notes about the timeline of events since the schedule change. That specificity advice is exactly what I needed to hear.
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Zoe Kyriakidou
Following this thread because I'm dealing with something adjacent - got fired and also have a week of PTO they never paid out. I want to make sure I report everything right on my payment requests so I don't create an overpayment issue.
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Freya Thomsen
Report all income you receive in the week you receive it, not the week it was earned. That includes any final checks. When you first apply you should also tell TWC about any severance if there is any - there's a question about other income on each payment request form too.
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Zoe Kyriakidou
TWC mails a decision on severance so I shouldn't assume it affects or doesn't affect my benefits - just report it and wait for their ruling?
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Freya Thomsen
That's exactly right. Report it, let them decide, don't try to guess the outcome yourself.
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Aisha Abdullah
Something that tripped me up after my termination: I thought my payment request was the same as my initial application. They are completely different. You apply once to open your claim, and then you have to request payment separately every two weeks through UBS or by calling Tele-Serv at 800-558-8321. Missing a payment request period means you don't get paid that week - even if you're otherwise fully eligible.
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NebulaNomad
AuthorOkay so the application and the payment request are two separate things. I see payment request in my UBS account - does that look different from the application page?
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Aisha Abdullah
Yes, it's a separate section in UBS. After you apply you'll get a mailed notice with your payment request filing date. Don't wait for it though - check UBS and your Tele-Serv options once that date arrives.
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Omar Fawaz
Tele-Serv Option 1 is payment requests, quick and easy if you don't want to log into UBS every time.
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Zara Ahmed
Claimyr also helped me sort out a question about my work search requirements after my termination - I had moved counties between filing and when TWC sent my work search letter, and I wasn't sure which county's number applied. Agent confirmed it's based on where I live now, not where I worked. Would have been guessing forever without that call.
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NebulaNomad
AuthorI hadn't even thought about county affecting the work search number. Good to know that's based on where you live.
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Zara Ahmed
Right. And if you move again you should let TWC know because it could change your required number.
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Mateo Rodriguez
Two things I wish I'd known when my termination claim was pending: first, the waiting week isn't something you get paid right away - TWC holds it until you've been paid out twice your weekly amount AND either go back to full-time work or use up all your benefits. Second, check your UBS account daily because TWC updates overnight and you might see status changes you'd otherwise miss.
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NebulaNomad
AuthorThe waiting week thing is confusing me. So there's a week I'll never see payment for?
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Mateo Rodriguez
Not never - it's held, not gone. If you exhaust your benefits or go back to full-time work you can get it then. If you go back to work, you have to request it specifically in UBS under the waiting week option or through Tele-Serv.
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StarSeeker
Someone told me in my thread that the waiting week was just lost forever and that stressed me out until someone corrected it. It's not lost, just held until one of those two conditions happens.
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Omar Fawaz
Coming back to the original question one more time because it's worth being clear: if you get fired for genuine misconduct in Texas - think actually violating a real policy, something illegal, completely ignoring your job duties when you had every ability to do them - you're likely disqualified. But if you were let go because your performance slipped, the bar for that to count as disqualifying misconduct is higher than most people expect. Filing costs you nothing.
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Yuki Tanaka
The 'costs you nothing to file' point is underrated. Worst case you get denied and then you know. Best case you get benefits you needed.
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Omar Fawaz
And even a denial isn't the end. You have 14 days from the mailing date on the determination to appeal in writing - through UBS, at a Workforce Solutions office, or by mail or fax.
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NebulaNomad
AuthorI'm going to file my first payment request this week and just stay on top of it while I wait. Thank you everyone in this thread - you've genuinely cleared up a lot of the confusion I had going in.
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