Back to Texas Unemployment

Ruby Blake

If you get fired from a job can you collect unemployment in Texas?

So I got let go from my warehouse job about two weeks ago and I've been going back and forth on whether to even bother applying. My manager said I was fired for 'performance issues' but honestly the whole situation was really complicated - I missed some deadlines because our equipment kept breaking down and I kept reporting it but nothing got fixed. A coworker told me that getting fired automatically means you can't get unemployment benefits, but that doesn't sound right to me. Does anyone actually know how this works with Texas TWC? I don't want to waste my time applying if I'm just going to get denied anyway.

Used claimyr.com to get through to a live Texas TWC agent last month when I needed to ask about my own fired-for-cause situation. The hold times on the TWC phone lines were brutal and I kept getting disconnected, but Claimyr waited on hold for me and connected me when an agent picked up. The agent walked me through exactly what TWC looks at when someone gets fired - they told me the whole process and what I'd need to explain. Here's the demo if you want to see how it works: https://youtu.be/V-IMvH88P1U. Worth it to get real answers about your specific case instead of guessing.

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My claim is in adjudication right now after getting fired and I really need to talk to someone at TWC. Might set this up for myself - does it work for checking where your adjudication stands?

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That's exactly what it's for - getting you connected to an agent who can pull up your actual claim and tell you what's happening. It worked fine for my specific question about my situation.

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Adjudication just means TWC is still reviewing your claim, it's not a denial. But yeah getting a live person to explain the specifics of yours is way better than staring at the portal.

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Your coworker is wrong about that. Getting fired doesn't automatically knock you out of unemployment. Texas TWC looks at the reason behind the firing, not just the fact that you got fired. The question they're really asking is whether what you did counts as 'misconduct' by their definition - and misconduct means things like breaking company rules on purpose, doing something illegal, seriously neglecting your duties when you were capable of doing better. Equipment breaking down because management wouldn't fix it doesn't sound like you did anything wrong. Apply and let TWC figure it out.

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That's actually reassuring to hear. I was worried that 'performance issues' as a label would just automatically disqualify me without anyone looking at the actual circumstances.

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The label your employer uses doesn't really matter - what matters is what actually happened and what both you and your employer tell TWC. They send your former employer a notice and give them 14 days to respond, then TWC looks at both sides.

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They called my firing 'policy violation' but when I explained the full situation I got approved. The label on the termination paper isn't the final word.

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Definitely apply. You have nothing to lose by applying and potentially weeks of benefits to gain. The claim starts from the Sunday of the week you apply, so TWC can't go back and pay you for these two weeks you've already waited. File online at Unemployment Benefits Services - there's a link through twc.texas.gov - or call 800-939-6631. Don't wait any longer.

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Wait, so the two weeks I've already been unemployed just disappear? I can't get paid for those?

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Correct - the claim week starts from when you actually file, not from when you lost your job. That's why people always say apply immediately. File today if you can.

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Learned this the hard way myself. Lost about three weeks of potential benefits just by hesitating. File as soon as possible.

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Yeah two weeks of benefits just sitting there uncollected because you haven't filed yet. Get on UBS tonight.

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The performance issues thing is actually worth unpacking a little. TWC draws a line between someone who genuinely couldn't do the job versus someone who could do the job but chose not to or was careless about it. If your equipment was broken and you reported it and they never fixed it, that sounds more like a situation that was out of your control - which is very different from just not trying. Document everything you can remember about the equipment complaints you made and when. Emails, texts to supervisors, maintenance requests, anything. That documentation could matter a lot.

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I do have some texts to my supervisor about the equipment problems. I should save those somewhere safe before I lose access to any work accounts.

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Save them right now, screenshots or forward to personal email. Work accounts often get cut off quickly after termination and you don't want to lose that paper trail.

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This is really smart advice. I saved my texts and emails and they ended up being exactly what I needed when my employer gave TWC a different story about why I was let go.

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ok so i got fired last year and i applied and got approved, wasn't that hard. my boss said misconduct too but twc approved me. just apply and see what happens thats my advice

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How long did the whole process take from when you applied to when you found out you were approved?

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took like 4 weeks before i got any decision, they mail you a determination letter. just keep doing your payment requests while you wait

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Payment requests - not 'weekly claims', just so you know the right term when you're on the phone with TWC or reading your portal. And yes, you file those even before you get an eligibility decision.

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Something that trips up a lot of people: even after you apply, you need to be making your payment requests on a schedule - every two weeks - regardless of whether TWC has made a decision on your claim yet. Your first request comes up about one to two weeks after you apply, and they'll send you a letter with the exact date. Miss a request window and you lose that week's payment for good, even if you're ultimately approved. And you need to be registered on WorkInTexas.com and doing your required work search activities every week too.

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I didn't realize I had to do work search activities even while they're still deciding on my claim. How many activities do I need to do?

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TWC mails you a letter that says your specific number - it depends on what county you're in. Some counties require more than others. Keep a log of everything you do because TWC can ask to see it.

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Harris County is 5 activities a week which feels like a lot but you get used to tracking it. Keep a spreadsheet with dates, company names, what you did.

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The work search log requirement is real - I know someone who got an overpayment demand because they couldn't document their search activities when TWC audited them.

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JUST APPLY. I know everyone is giving you all this detailed info and it's good info but the most important thing is you just submit the application today. You can figure out the nuances as they come up. TWC will contact you if they need more information from you. Every day you wait is money you're leaving on the table because of how the claim date works.

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You're right, I've been overthinking this. I'm going to log in tonight and start the application.

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Good. It takes maybe 20-30 minutes if you have your work history handy. Have your last employer's address and your dates of employment ready.

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One thing worth knowing about how the determination process works: after you apply, TWC sends a notice to your last employer and they have 14 calendar days to give their side of the story. Then TWC issues a written Determination on your payment eligibility. If TWC decides you're not eligible, you have 14 days from the date on that determination letter to file a written appeal - not 14 days from when you receive it, 14 days from the date printed at the top of the letter. So watch the dates carefully.

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So even if I get denied I still have options? I didn't know there was an appeal process.

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Absolutely there's an appeal process. You'd submit a written appeal through UBS or by mail, and you'd get a telephone hearing with a Hearing Officer. Keep requesting payments on schedule even during an appeal.

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The appeal option saved me - I got denied initially, appealed, and won at the telephone hearing. The Hearing Officer wanted to hear my full explanation of what happened, not just the form I filled out.

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My situation is a little different but related - I'm currently in adjudication after being let go and it's been almost six weeks. My UBS portal just shows the claim is under review. Is that normal? I'm getting really anxious about it and can't get anyone on the phone.

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Six weeks in adjudication is longer than average but not unheard of. The portal showing 'under review' is frustrating because it doesn't tell you much. Keep filing your payment requests on time regardless.

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Even though I haven't been approved yet I should keep filing payment requests? What if I end up getting denied?

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Yes, keep filing no matter what. If you get approved, TWC can only pay weeks you actually requested. If you stop requesting and then get approved, those missed weeks are gone. File every time, every two weeks.

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Adjudication doesn't mean denied - it just means someone is actively reviewing your claim. Keep those requests going. I went through nine weeks of adjudication before my approval finally came through.

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Heads up on the tax side of things if you do get approved - unemployment benefits count as taxable federal income. When you're approved you can opt to have 10 percent withheld automatically, which some people prefer so they don't get hit with a tax bill. Something to think about when you're setting up your account.

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Good to know, I hadn't even thought about taxes yet. Is 10 percent usually enough or do people generally owe more?

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Depends on your total income for the year. 10 percent might be enough if unemployment is your only income, but if you go back to work partway through the year it can get complicated. Probably worth talking to a tax person.

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TWC mails a 1099-G in January showing your total benefits for the year. You can also find it in UBS under IRS Tax Information.

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my cousin told me if you get fired you should just say you quit so it looks better but that is TERRIBLE advice please do not do that. telling twc you quit when you were actually fired is giving them false information and that can be treated as fraud. just tell the truth about what happened.

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Why would saying you quit look better? I would have thought getting fired was more sympathetic to TWC.

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right?? it makes no sense because quitting usually means you DON'T get benefits and firing means you might. your cousin's logic is completely backwards AND it could get you in fraud trouble. always tell the truth to twc.

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This is an important correction. Claiming you quit when you were fired would likely hurt your case, not help it. Quitting without what TWC considers 'good cause connected to the work' is typically not payable. Being fired for reasons other than misconduct can be.

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The broken equipment situation you described sounds like it could actually work in your favor. If your employer gave you deadlines that were impossible to meet because of equipment they knew was broken and refused to fix, that's not really on you. When you apply and TWC asks about the reason for separation, explain the equipment issue clearly and mention that you reported it. Be specific - dates, what broke, who you reported it to.

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Should I include all of this in the initial application or just answer the questions as they're asked?

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Answer the questions thoroughly as they're asked during the application - don't leave anything important out. You'll have text boxes to explain things in your own words. More detail is usually better than less when explaining why a firing wasn't your fault.

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And be consistent. What you tell TWC during the application should match what you'd say at an appeal hearing if it comes to that. Write down the key facts so your story stays straight.

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Used claimyr.com last week when my sister was trying to get information about her fired claim and kept hitting walls trying to reach TWC by phone. Got her connected to a live agent in one shot, and the agent was actually able to tell her what was missing from her claim and what she needed to do next. Way less stressful than the hold time roulette.

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That's exactly what I need for my adjudication situation. I'll try that this week.

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For adjudication specifically it's really useful because the agent can see notes on your claim that the portal doesn't show you. Good luck.

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Just want to clarify something I saw mentioned above - there's a waiting week thing that some people get confused about. TWC holds your first payable week. You don't lose it, but it doesn't get paid out until after you've been paid twice your weekly amount AND you either go back to full-time work or use up all your benefits. If you go back to full-time work before that, you have to actually request that waiting week yourself through UBS or Tele-Serv.

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So the first week just sits there and I might get it at the end? That's confusing.

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Basically yes. It's not gone, it's just held until one of those two conditions is met. If you exhaust your benefits it gets released automatically. If you go back to work first, you have to ask for it.

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A lot of people don't realize they need to request it when they go back to work. Had a friend lose out on that week because nobody told her she had to actually go in and request it through the portal.

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To answer the core question directly: being fired does not automatically disqualify you from Texas unemployment. What TWC looks at is whether the reason you were fired qualifies as misconduct under their definition. Violations of company policy, negligence when you were capable of doing better, things like that. Circumstances outside your control - like equipment failures you reported and they ignored - fall in a different category. Apply, be honest about what happened, and let TWC make the determination.

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Reading all of this has made me much more confident that applying is worth doing. I'm going to file tonight.

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Good. The worst that happens if you apply and get denied is you go through the appeal process. You have nothing to lose by trying.

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And remember, check your UBS portal and check your physical mail. TWC sends important notices by mail and if you miss the response deadline on something it can hurt your claim.

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after you apply dont forget you need to register on WorkInTexas.com too if you havent already. it uses the same login as UBS which is handy. and you gotta do your work search every week. your determination letter will tell you how many activities your county requires.

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The same login for both? That actually makes it easier. I'll set that up when I do my application.

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yeah same username and password, they're connected. and they'll send you a one time code every time you log in so make sure your phone number is current.

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Something I noticed in this thread - a couple people mentioned 'weekly claims' but the right term Texas TWC uses is 'payment request'. Worth knowing the right language because when you're on the phone with an agent or reading your portal, that's what everything is labeled. You file a payment request every two weeks through UBS or by calling Tele-Serv at 800-558-8321.

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yeah i always called them weekly claims too, good correction. payment request is what twc calls it and what the system shows.

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Calling them weekly claims when talking to an agent can cause confusion so it's one of those terms that's worth learning early.

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Tele-Serv is option 1 for payment requests, available any time. Good for people who don't want to log into the portal every two weeks.

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Something about the financial side that's worth calculating before you get discouraged about applying: your weekly benefit amount is based on your highest earning quarter in your base period divided by 25. The max in Texas right now is $619 a week. Even if you end up getting a reduced amount, that's real money during a job search. Figure out roughly what you might qualify for and it'll motivate you to get the application in.

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I hadn't even thought about estimating what I might receive. That's a good way to think about it.

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Look at your four quarters of wages before this quarter - the first four of the last five completed calendar quarters. Find your highest one and divide by 25. That's your rough weekly amount.

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And the maximum you can receive total across the whole claim is 26 times that weekly amount or 27 percent of all your base period wages, whichever is smaller. Benefits can run out before the 52-week benefit year ends.

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Checking in to see if you filed yet? Also - when TWC mails you your determination letter, read it really carefully and check the date at the top, not the date you receive it. If you need to appeal, the 14-day clock runs from that printed date, not from when it lands in your mailbox. Learned that lesson myself.

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Yes! I filed last night. It took about 25 minutes and I explained the equipment situation in detail. Now I'm just waiting to hear back.

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Great news. Now set a reminder to file your first payment request - TWC will mail you the exact date, usually a week or two out. Don't miss that window.

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Congrats on filing. The hardest part for most people is just doing it. Now just keep an eye on your mail and your UBS portal, and keep doing your work search activities every week.

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Keep a copy of everything you submitted in the application if you can. Screenshots or notes on what you wrote. If your employer gives TWC a different account of things and you end up at a hearing, it helps to remember exactly what you said.

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Late addition but - Claimyr came up earlier in this thread and I just want to say I used it last week to ask TWC about my own claim after a firing. Got connected to a live agent who pulled up my claim and told me exactly where things stood. For anyone still waiting in adjudication or just trying to get a straight answer, it's at claimyr.com.

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Setting this up today for my adjudication situation. Six weeks of staring at the portal with no information is enough.

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The agent can actually see what's happening with your specific claim, which is way more useful than anything the portal shows.

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