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Elijah O'Reilly

If you get fired from a job 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 where I stand. My manager said I was fired for 'not meeting performance standards' but honestly the whole situation was complicated - they kept changing the production quotas every month and I could never hit a moving target. I reported all my hours correctly, never called in sick excessively, and I genuinely tried my best every day for two years. My coworker told me that getting fired automatically disqualifies you from unemployment, but that doesn't sound right to me. If you get fired from a job can you get unemployment, or is my coworker correct that I'm just out of luck? I've already applied through UBS and I'm waiting to hear back but I have no idea what TWC is actually going to look at when they make this decision. I've got about six weeks of savings to cover bills, so I really need to understand my situation before I panic.

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. The question is whether what happened counts as 'misconduct' under their rules. Things like breaking company policy on purpose, violating laws, or just flat out refusing to do your job when you're capable - those are the kinds of things TWC considers misconduct. 'Not meeting performance standards' is a lot murkier, and TWC will look at both sides. You'll want to give your honest account of the changing quotas and everything else when TWC reaches out.

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That's a relief - I was spiraling a bit thinking I had zero shot. So TWC actually talks to both me and my employer before deciding?

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Yeah, TWC mails your former employer a notice and gives them 14 days to respond. Then they look at what both sides say and mail you a determination. Usually takes around four weeks total from when you applied.

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Misconduct is a word that trips a lot of people up. It's not 'you weren't good enough' - it's more like 'you deliberately did something wrong or against the rules.' There's a real difference there.

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Claimyr actually helped me get through to a live TWC agent last month when I needed to ask about my own fired-for-performance situation. I'd been trying to reach someone for days. You go to claimyr.com, it holds your place on hold and rings you when an agent picks up. There's also a video at https://youtu.be/V-IMvH88P1U that shows how it works. The agent I spoke with walked me through exactly what TWC looks at when someone gets terminated and what I should write in my statement.

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I've been having zero luck getting anyone on the phone. I'll check that out, thank you.

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My situation was a layoff but I still had a ton of questions after applying. Good to know there's a way to actually reach someone.

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Useful to know. My determination letter just showed up and I need to ask about next steps, so I might try this.

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Two years at that job and they're calling it a performance issue? Make sure you write out your full account when TWC contacts you. Mention the quota changes, mention the timeline, all of it. TWC gives both sides a chance to explain things, so your version matters a lot here.

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Should I be gathering any kind of documentation - like old emails about the quota changes or anything like that?

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Absolutely save anything you have. Emails, performance reviews, anything showing the goalposts moved. You don't submit all of it right away necessarily but having it ready is smart especially if this goes to an appeal.

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Documentation is huge. Even screenshots of your schedule or any written warnings (or lack thereof) can matter down the line.

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FIRED FOR PERFORMANCE IS NOT THE SAME AS FIRED FOR MISCONDUCT. I cannot stress this enough. I went through almost the exact thing two years ago. TWC approved my claim because my employer couldn't show I did anything deliberately wrong. The key word is 'deliberate.' Stay calm and just tell your truth.

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This is really helpful to hear from someone who went through it. Did your employer push back when TWC contacted them?

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My old company absolutely responded and disputed it. TWC still approved me. The process works, just takes a few weeks of patience.

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I want to add one correction here though - it's not purely about 'deliberate' either. TWC looks at a few things together, like whether you were capable of doing the work. Someone who genuinely couldn't do the job might be treated differently than someone who refused. So the OP's situation where they were TRYING but hitting impossible targets is actually a good fact pattern.

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While you wait for your determination, don't forget you need to start requesting payment right away - don't wait for TWC to tell you you're approved. The letter they mailed you after you applied has the date to start, usually about one to two weeks after you filed. You do it through UBS or by calling Tele-Serv at 800-558-8321 and pressing option 1. Missing request dates is a whole separate headache.

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Wait, I'm supposed to request payment before they even decide if I'm eligible? That seems strange.

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Yep, that's exactly how it works. You request on schedule no matter what. If they approve you, they go back and pay the weeks you requested. If you skip weeks because you were 'waiting to hear,' those weeks can be lost.

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This trips up so many first-time claimants. The determination and the payment requests run on completely separate tracks. Keep requesting every two weeks regardless.

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Learned this the hard way on a previous claim. File those requests on time even if your claim shows no status update at all.

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Work search is the other thing to get started on immediately. Texas TWC requires you to log a certain number of job search activities every week, and that number depends on the county you live in. When you applied, they should be mailing you a letter that tells you your specific number. Keep records of every application, contact, resume submission - whatever counts for your area. TWC can ask to see your work search log at any point.

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How many activities per week does it usually end up being? Is there a standard number?

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It varies by county - Harris, Dallas, Bexar, Tarrant and Travis all require five per week. Other counties can be anywhere from one to five. The letter TWC sends you is what controls your requirement, so check that number specifically.

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Don't just list the same company five times in a week either. Each activity needs to be a real, separate contact or application. Keep dates, company names, job titles, how you applied.

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My cousin told me that if your employer says the word 'performance' in the termination paperwork you automatically get denied. That is not true at all. I know because I looked it up after he scared me with that. The determination is based on what actually happened, not just the words the employer used.

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Correct - TWC doesn't just take whatever the employer writes on a form at face value. They send out notices, collect both sides, and make a judgment call based on the full picture.

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Glad I actually checked before panicking. My cousin has strong opinions about TWC that aren't always accurate lol.

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Something I didn't understand until my second claim - UBS and WorkInTexas.com use the same login. When you registered for benefits you were also set up on WorkInTexas.com automatically with the same user ID and password. You need to be registered there as part of your work search requirements, so make sure your profile is complete over there.

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Okay I had no idea those were connected. Good to know before I ignore that site entirely.

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Yeah they share the login and TWC links the two accounts. Your WorkInTexas profile being active is part of meeting your requirements each week.

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Also every time you log into UBS it'll ask for a one-time code, just so you're not surprised by that the first time.

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The base period wage question matters too. To qualify at all, you need to have earned enough in the period TWC looks at - which is usually the first four of the last five completed calendar quarters before your claim date. You said you worked there two years so you're probably fine, but it's worth knowing that's what they check on the wage side.

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Two full years of consistent wages, so hopefully that part is straightforward at least.

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Should be. And your weekly benefit amount comes from dividing your highest quarter wages by 25. So if your best quarter was, say, $12,000, your weekly amount would be $480.

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Don't confuse adjudication with an appeal - they're different things. Adjudication just means TWC is still investigating your eligibility before they make any decision. An appeal is what you do AFTER they've mailed you a determination and you disagree with it. If your claim goes to adjudication status, that's normal for a fired situation and not a sign you're being denied.

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I definitely thought adjudication was a bad sign. That makes me feel a lot better.

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Very common mix-up. Adjudication just means they haven't decided yet. It can take a few weeks, especially when there's a job separation to look into. Keep requesting payment during that time.

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My claim sat in adjudication for almost three weeks and then came back approved. The wait is stressful but it's part of the normal review for any claim that involves being fired.

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Once you get your determination letter - whether it goes your way or not - read the whole thing carefully. If it says you're disqualified and you disagree, you have exactly 14 calendar days from the date printed at the top of that letter to file a written appeal. Not 14 days from when you receive it. From when it was mailed. So open it immediately when it arrives.

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That's a tight window. Where do I file an appeal if it comes to that?

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You can do it right in UBS under 'Submit An Appeal,' or in person at a Workforce Solutions office. Can't do it by email or phone - has to be written and submitted through one of those channels.

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And keep requesting payments the whole time an appeal is going on. TWC will only pay weeks that were requested on time, even if you eventually win the appeal.

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My brother-in-law was fired last spring and was absolutely convinced he had no case because his termination letter said 'performance.' His claim was approved. He said the TWC intake process asked him to explain the situation in his own words and he just laid out what happened - the manager changing expectations, the lack of warnings, all of it. His employer responded but TWC sided with him.

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That's encouraging to hear. I've been writing out a timeline of everything just in case I need to explain it.

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That's exactly the right instinct. Having a clear timeline you can refer to when TWC asks for your statement is really useful.

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The weekly benefit amount in Texas can go up to $619 for new claims right now. It won't necessarily be that high - it depends on your wages in your best quarter. But know that whatever you're approved for, you can earn up to 25% of that in a week doing side work without any reduction to your payment. Above that it starts to come off dollar for dollar.

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Good to know about the earnings thing. I was thinking about picking up some gig work while I job hunt and wasn't sure how that affects things.

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Report whatever you earn in the week you do the work, not when you get paid. All work counts including gig stuff - report net profit for self-employed type work. Keep track of it week by week.

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The reporting is by the Sunday-to-Saturday week the work happened. Easy to mess up if you're doing delivery or freelance stuff where pay days don't line up with claim weeks.

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Waiting week is a thing that confuses people. TWC holds your first payable week and doesn't send that money right away. You get it after you've been paid at least twice your weekly amount AND either you go back to full-time work or you exhaust all your benefits. If you go back to work you have to actively request that waiting week through UBS or Tele-Serv, it doesn't come automatically.

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So that money isn't just gone, it's held until a certain condition is met?

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Right, it's not lost. It's deferred. The 'gone forever' idea is a myth. As long as you request it when you're eligible, you get it.

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Requesting your waiting week when you go back to work is a step people forget. UBS has an option specifically for it or you can use Tele-Serv Option 2 then Option 4.

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My termination situation was different from yours - I actually resigned - so I had a tougher road. But watching how that process worked, I learned a lot about how TWC evaluates these cases. For someone who was fired rather than quit, the bar you have to clear is honestly lower. You just need to show you weren't acting with misconduct. Good luck with your claim.

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Appreciate you sharing that. Interesting to hear the perspective from the other side of the job separation coin.

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TWC takes both situations seriously but the rules are genuinely different. For a quit, you have to show a work-related reason that would push most reasonable people out the door. For fired, TWC has to find actual misconduct to disqualify you. Different standards.

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Used claimyr.com last week when I needed to ask TWC about a determination I received on a different job. Got connected to an agent who explained exactly what the next steps were for my situation. If you end up needing to talk to someone before your determination arrives, that's a solid option.

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Might do this if my claim status doesn't update in another week or so. I really want to understand what stage it's in.

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Reaching an actual agent vs. navigating the automated system is night and day when you have specific questions about your claim.

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One thing about the work search log - don't just keep it in your head. Write it down somewhere the same day you do each activity. Date, company name, position you applied to, how you applied. TWC can ask for it without warning and if you're reconstructing it from memory two months later it's going to be rough.

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Setting up a simple spreadsheet for this today. Good call.

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Spreadsheet is perfect. Easy to export or print if TWC ever asks for it.

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Some people use a notes app on their phone and just log it right after applying. Whatever works, the key is doing it immediately.

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The taxes side is worth knowing early so it doesn't surprise you later: unemployment benefits are taxable as federal income. TWC can withhold 10% for federal taxes if you request it, or you can wait and deal with it at tax time. They'll mail you a 1099-G in January showing what you received for the year.

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Hadn't thought about the tax angle yet. Probably smart to have them withhold now rather than owe a chunk later.

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You can set that up in UBS. A lot of people skip it and then regret it in spring.

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My HR background at a previous employer taught me that companies often use phrases like 'performance issues' in termination paperwork even when the real reason is a layoff or budget cut. If your situation was more of a 'we needed to cut headcount and you were the reason we chose,' that actually makes your case even more straightforward. Worth thinking through which bucket your situation truly falls in.

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Honestly that's a fair point. The company did lose a big client a few months before I was let go. I just assumed it was about the quotas.

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Tell TWC about that context. The timeline of losing a client and then the termination is relevant background. They want the full picture.

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Companies sometimes dress up layoffs as performance issues and TWC has seen that before. Give them all the context you have.

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Claimyr also helped me sort out a question about my work search requirements - I'd been doing four activities a week thinking that was right for my county and needed to confirm whether it was actually supposed to be five. Agent confirmed the number for my zip code in about two minutes. Saved me from potentially being short on requirements for weeks.

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That's exactly the kind of specific question I'd want to ask someone directly instead of guessing.

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Yeah it's the kind of thing where the county-specific answer really matters and you don't want to assume.

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For anyone reading this later: fired does NOT automatically mean disqualified. The question is always whether the reason for the termination meets TWC's definition of misconduct. Performance that falls short, not knowing something, or just not being the right fit for the role is different from intentionally breaking rules or doing something wrong on purpose. TWC evaluates the actual facts, not just the word on the paperwork.

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Coming back to say my claim just moved out of adjudication and I got my determination - approved. TWC found no misconduct. Incredibly relieved.

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Great outcome. The process works when you give TWC the full honest picture. Keep up with your payment requests and work search log.

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Good news. For the quota situation specifically, TWC tends to look hard at whether the standard being applied was reasonable and consistent. Sounds like it went the right way.

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Glad it worked out. Now just stay on top of requesting payments every two weeks and keep logging those work search activities.

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