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Evelyn Xu

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

So I got let go from my warehouse job last week and I'm trying to figure out if I even qualify for benefits. My supervisor said I was being terminated for 'performance issues' but honestly the whole situation feels really unfair - they kept changing the productivity targets every week and then said I wasn't hitting them. I never got any written warnings and the whole thing came out of nowhere. Applied online through UBS the same day I got fired and now I'm just sitting here wondering if that was even worth doing. Does getting fired automatically disqualify you or does it depend on why they fired you? I've seen people say both things online and I genuinely can't figure out what the actual rule is.

My cousin went through almost the same thing last year. She got fired for 'not meeting expectations' and TWC approved her claim. The thing that matters is whether they can show you actually did something wrong on purpose or were just bad at the job through no fault of your own. Used Claimyr last month when I needed to get through to a TWC agent about my own claim - they connected me to a live person and the agent confirmed that the reason for firing gets reviewed case by case. Worth checking out claimyr.com if you can't get anyone on the phone, there's also a video demo at https://youtu.be/V-IMvH88P1U that shows how it works.

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Evelyn Xu

Author

Really glad to hear about your cousin. Did she have to appeal or did it just get approved the first time?

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Case by case is exactly right. TWC looks at what the employer actually says happened, not just the label they put on it.

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Calling is so hard right now, been trying for days. Might try that service.

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Firing for misconduct disqualifies you but firing for something that's not misconduct doesn't. TWC's examples of misconduct are things like breaking company rules, breaking the law, ignoring your job duties on purpose, or just flat out not doing the work when you're fully capable of it. 'Performance issues' with no written warnings and shifting targets sounds way more like a management problem than misconduct on your part. File the claim, let TWC make the decision, and don't assume the worst.

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Evelyn Xu

Author

That's actually really helpful. The shifting targets thing was the main issue - I literally asked my manager what the new goal was and got different answers from different people.

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Exactly. There's a big difference between 'this person kept messing up on purpose' and 'this person couldn't hit a moving target.' TWC will see that.

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Worth knowing too that TWC mails your former employer after you apply and they have 14 days to respond. So whatever your employer tells them is part of what TWC uses to make the decision.

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The application being filed already is good. TWC starts the claim from the Sunday of the week you applied, so filing quickly was the right call. Keep checking UBS once a day - they update overnight and you'll see when things change on your claim. Don't wait for an approval before you start doing payment requests either. You request every two weeks starting about one to two weeks after you apply, and you have to do it even before they've decided on eligibility.

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Evelyn Xu

Author

Wait, I have to request payments before they even decide if I qualify? That seems backwards.

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Yep, that's how it works. TWC won't pay weeks you didn't request on time, so you do it on schedule no matter what. If you end up eligible, those weeks get paid. If not, nothing goes out. The mailed instructions you get after applying show your specific filing days.

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This tripped me up on my first claim too. I waited thinking there was no point and lost two weeks of payments I could have had.

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Something to watch for: TWC sends a determination letter for each issue on your claim, and if any one of them says 'cannot pay' it blocks everything even if the others are fine. So if the job separation gets flagged you could get one letter saying you're eligible on wages and another saying you're disqualified on the firing. Read every letter they mail you.

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Evelyn Xu

Author

How long does it usually take to get those letters?

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About four weeks after you apply, give or take. The first payment if everything clears also comes around that same window and usually only covers one week to start.

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The four weeks thing is real. I was refreshing UBS every hour thinking something was wrong but it just takes that long.

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PERFORMANCE ISSUES IS SUCH A VAGUE TERM and employers know that. They say 'performance' because it sounds official. But TWC looks at whether you were actually capable of doing the job and just didn't, or whether the expectations were unclear or constantly changing. Unclear shifting targets?? That is not on you. Write down everything you remember about those conversations now while it's fresh.

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Evelyn Xu

Author

I've actually been keeping notes on my phone since the day I got fired. Dates, what was said, who said it.

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Good. If it goes to appeal those notes are going to matter a lot.

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The notes are smart. At an appeal hearing the Hearing Officer only decides based on what's actually presented there, so having specific dates and conversations documented is way better than just a general story.

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My situation was different - I got fired for missing too many shifts because of a family thing - and TWC denied me at first. I appealed and lost that too so I'm not going to sugarcoat it. But my situation was clearly misconduct under their rules because I knew the attendance policy and broke it anyway. What you're describing sounds different. Changing targets with no documentation on their side is not the same as someone willfully ignoring a known rule.

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Evelyn Xu

Author

That distinction actually helps me understand the rule better. Sorry you went through all that though.

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This is a good point. Willfully ignoring a rule you knew about versus struggling to hit a goal nobody clearly defined are two completely different things in TWC's eyes.

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Register on WorkInTexas.com as soon as possible if you haven't already. It uses the same login as UBS. And look for a letter from TWC that tells you how many job search activities you need to do every week in your county. It varies from one to five depending on where you live. Keep a log of every application and contact because TWC can ask for it whenever they want.

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Evelyn Xu

Author

Do I have to start the job search activities before my claim is even decided?

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Yes, the work search requirement starts right away. Meeting the required number of activities every week is part of staying eligible for each week you request payment.

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Harris county is five a week which is a lot but you can count things like employer contacts, attending job fairs, and applications submitted through WorkInTexas.com.

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my manager told me once that if you get fired for ANY reason you cant get unemployment but that is totally wrong lol. learned that the hard way when i assumed i couldnt file and missed out on benefits i probably wouldve gotten

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So many managers say that and it's just not accurate. Only being fired for actual misconduct disqualifies you, not being fired in general.

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Evelyn Xu

Author

Yeah I almost didn't file because someone at work said the same thing. Glad I looked it up.

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definitely look it up and dont take your former employer's word for what you qualify for lol

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To answer the question directly: getting fired does not automatically disqualify you. Texas TWC reviews the specific reason. If they fired you for something that counts as misconduct under their definition, you're disqualified. If the reason doesn't meet that definition - which includes a lot of firings that just get labeled 'performance' - you can still collect. The fact that you had no written warnings and the targets kept changing works in your favor when TWC reviews what happened.

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Evelyn Xu

Author

This is the clearest explanation I've seen. Thank you.

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Agreed. The key thing is that TWC uses its own definition of misconduct, not whatever the employer decides to call the reason.

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And if you disagree with the determination when it comes, you have 14 calendar days from the date printed on the letter to file an appeal in writing through UBS.

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Spent three weeks trying to reach TWC to ask about my own separation determination and kept getting disconnected or busy signals. Finally tried Claimyr and got through to an agent the same day. Asked specifically about whether my employer's response changed anything on my claim and the agent walked me through exactly what was in the file. Way less guessing.

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Evelyn Xu

Author

Three weeks of calling sounds exhausting. Did the agent give you useful information about the actual claim?

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Yeah the agent could see notes from the employer response and told me what TWC was still waiting on. That alone saved me days of anxiety.

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Useful to know. I've been dealing with something similar and can't get through on the phone either.

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One thing that tripped me up when I filed: the base period for calculating your weekly benefit amount goes back to the first four of the last five completed calendar quarters before your claim starts. So if you filed this month in late 2026, they're looking at wages from about July 2025 through June 2026. If you had any gaps in employment during that period it could affect your weekly amount even if you're approved.

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Evelyn Xu

Author

I worked the whole period at the warehouse so that should be fine. But what actually determines how much I'd get per week?

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It's based on whichever quarter in that base period had your highest wages. They divide that number by 25 and that's your weekly benefit amount, somewhere between $76 and $619.

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And there's a maximum total on how long benefits last too - 26 weeks of payments or 27 percent of total base period wages, whichever comes out lower.

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The employer has 14 days to respond after TWC mails them the notice. Whatever they write in that response becomes part of what TWC uses to make the eligibility call. So if your employer describes the situation one way and you describe it differently, TWC is essentially weighing both accounts. That's why the documentation matters - it's not just for an appeal.

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Evelyn Xu

Author

So even at the initial decision stage TWC is comparing my account versus the employer's?

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Exactly. Both sides get to tell their story. TWC then sends determination letters to both of you.

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This is why you should be specific when TWC contacts you for your statement. Not emotional, just specific - dates, what was said, what changed, who was involved.

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the waiting week thing confused me when i first filed. there's a first payable week that gets held back and you dont see that money until you either go back to full time work or run out of benefits. its not lost but it does feel weird not seeing it right away

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To be precise: TWC holds that first payable week until you've been paid at least twice your weekly benefit amount AND you either return to full-time work or exhaust your benefits. If you go back to work you have to actively request it through UBS or Tele-Serv, it doesn't release automatically.

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oh i didn't know you had to request it manually if you go back to work, thanks for that

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Evelyn Xu

Author

Good to know now rather than finding out after the fact.

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TWC will likely reach out to you for a statement before making the decision. When they do, be detailed about the shifting targets - give dates if you can, name the people who told you different things, and describe how you tried to meet whatever goal they gave you. That shows effort and good faith, which matters when the question is whether you willfully failed to do your job.

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Evelyn Xu

Author

Should I write this all down beforehand so I'm ready when they call?

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Absolutely. Have specific dates and names ready. Vague answers are harder for TWC to evaluate than specific ones.

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Also keep requesting payment on the schedule TWC gives you regardless of what's happening with the investigation. The timeline of the determination doesn't change when payment requests need to be filed.

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Had a firing situation myself in early 2026 and want to share what actually happened. Got terminated for 'failing to meet performance standards' at a logistics company. Filed immediately, TWC reviewed the employer's response, found that the standards weren't clearly defined or communicated in writing, and approved my claim without me ever having to appeal. The whole process took about four weeks from filing to first payment.

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Evelyn Xu

Author

This is really encouraging. Did you have to do anything specific beyond just filing the claim?

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Filled out the initial application fully and honestly, did my payment requests on schedule, did my required work search activities every week, and answered TWC's questions when they contacted me for more info. That was it.

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The 'clearly defined standards' part is key. If your employer couldn't show that the expectations were written down and communicated, that really does work in a claimant's favor.

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Appeals are worth knowing about even if your claim gets approved. If TWC denies you and you think they got it wrong, file an appeal in writing within 14 calendar days of the date printed at the top of the determination letter - not 14 days from when you receive it. You can do it through UBS. The first level is a phone hearing with one Hearing Officer and the packet with all the details usually arrives five to ten days before the hearing date.

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Evelyn Xu

Author

If I get denied and appeal, do I still have to do payment requests during the appeal?

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Yes, keep requesting payment on schedule through the whole appeal process. TWC only pays weeks that were requested on time. Missing them during an appeal means losing those weeks even if you win.

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The 14 calendar day deadline is strict too. Missing it by even one day means the determination stands, so check that date on the letter the same day you get it.

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Also worth knowing: if you get a ReliaCard in the mail you didn't apply for, that could mean someone filed a fraudulent claim in your name. Report it on TWC's fraud portal and do not complete any ID verification for a claim you didn't file yourself. Probably not your situation but it comes up a lot with people who get unexpected mail from TWC.

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Evelyn Xu

Author

Mine definitely is my own claim but good to know in case that ever comes up.

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TWC does send an ID.me verification notice for new claims and you do need to complete that one or it delays things. Just make sure it's for a claim you actually filed.

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Severance is something to keep in mind if that comes up. If your employer offers any kind of severance or pay in lieu of notice, you're supposed to report it when you apply or by calling TWC. Certain types can pause benefits while you're receiving them. TWC mails you a decision on how yours is handled. Don't assume it's fine to leave it off.

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Evelyn Xu

Author

They gave me one week of pay when I was let go. Is that severance?

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Could be. Report it when TWC asks about other income and let them make the call. Wages paid in place of advance notice are specifically treated differently so better to disclose and let TWC sort it out than to leave it out.

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Accurate. Trying to guess which type of payout does what is a minefield. Disclose it and let TWC send the determination on how it affects things.

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My brother-in-law got fired a few months back and had the same question. He was nervous about calling TWC to ask about his status and kept getting disconnected. He tried Claimyr after I told him about it and got through to an agent who explained exactly where his claim stood in the review process. He said the agent was actually able to tell him what documentation they were still waiting on from his former employer.

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Evelyn Xu

Author

That would have been so helpful in those early weeks when you have no idea what's happening.

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Exactly why I told him about it. When you can't get a straight answer from the system the ability to actually talk to someone makes a real difference.

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UBS does update overnight but it doesn't always tell you why something is pending. Sometimes a phone call is the only way to know what's actually going on.

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Taxes are going to matter too. Benefits count as federal taxable income and TWC mails a 1099-G every January. You can opt in to have 10 percent withheld automatically, which saves a surprise at tax time. Worth deciding early whether you want that withheld or if you'd rather have the full amount now and handle taxes later.

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Evelyn Xu

Author

Hadn't even thought about taxes. Good reminder to decide that now.

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TWC asks during the application or you can update it in UBS. Either way decide before the payments start.

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The 1099-G also shows up in UBS under IRS Tax Information if you ever need it and the mail copy doesn't arrive.

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Read through this whole thread and it's exactly the kind of question that sends people spiraling because the answer is 'it depends' but actually the specifics here - changing targets, no written warnings, no documented prior discipline - pretty strongly point toward a decision in your favor. File cleanly, document everything, do your work searches, request payments on schedule. That's really the whole job on your end.

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Evelyn Xu

Author

Honestly this whole thread has helped more than anything else I found online. Really appreciate everyone who weighed in.

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Keep posting updates if you get the determination. These threads help other people in the same situation who find them later.

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Fingers crossed for a clean approval. The situation you described is exactly what TWC's review process is designed to sort out.

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