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Sexual assault at workplace led to firing - TWC benefits eligibility?

I'm dealing with a really difficult situation and need advice about TWC unemployment. My coworker was fired immediately after I reported a sexual assault at our workplace (small manufacturing company, about 30 employees). I'm now being pressured to resign by management who seem uncomfortable with me still being there. They've started cutting my hours and making the environment hostile. If I quit because of this situation, would I still qualify for unemployment benefits? I've been there 3 years with no issues until this happened. Not sure what my rights are or if I need to keep working there while looking for something else. Has anyone dealt with unemployment after leaving a job due to safety concerns or hostile environment? Should I document the hours reduction and treatment?

First, I'm so sorry you're going through this. To answer your question: Yes, you could qualify for TWC benefits if you quit due to what's called "good cause" - and a hostile work environment following a sexual assault report definitely qualifies. Texas is an at-will employment state, but that doesn't mean employers can retaliate against you for reporting assault. Here's what I recommend: 1. Document EVERYTHING - text messages, emails, schedule changes, any comments made 2. Report the retaliation to HR in writing (email) if you haven't already 3. File a police report about the assault if you haven't 4. Continue working while job hunting if you feel safe enough If you quit, when you file for unemployment, you'll need to clearly explain that you left due to a hostile work environment following your sexual assault report. TWC considers this good cause to leave employment.

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Thank you so much for this information. I've been keeping notes but I'll start documenting things more formally. We don't actually have HR (small company), just the owner and his son who manages everything. It makes it even more awkward. I did file a police report already. Do you know if TWC will contact my employer? I'm worried they'll deny everything and make it my word against theirs.

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u should get a lawyer asap. this is big time illegal what theyre doing. my cousin went thru similar thing at her resturant job and got unemployment + settlement $$$

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I hadn't even thought about getting a lawyer. That's probably a good idea. Do you know what kind of lawyer handles these situations? Employment lawyer?

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This situation absolutely falls under what TWC considers "good cause" to leave employment. In my experience, you should continue working while documenting everything, but if you feel unsafe, your mental health comes first. When you apply for unemployment, TWC will contact your employer and they'll likely contest it. That's why documentation is crucial. Be prepared to explain during your TWC interview exactly why the workplace became hostile. Use specific examples. Two important things: 1) If you do quit, make sure to tell your employer IN WRITING that you're leaving because of the hostile work environment created after reporting the assault. 2) In Texas, you must be actively looking for work (minimum 3 job search activities per week) to maintain unemployment benefits.

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I was in a kinda similar situation last year (different reason but also hostile workplace) and TWC denied my initial claim when my boss lied about why I left. Make sure u APPEAL if that happens! I won my appeal hearing when I showed all my documentation. Also took like 6 weeks to get any money so have savings if possible

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hey not to get off topic but if you need to talk to TWC directly about this situation you should try claimyr.com - it got me through to an actual TWC agent in like 20 mins when I had a complicated situation with my claim. they have a video showing how it works https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh

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I used that service too! Calling TWC myself was IMPOSSIBLE. Busy signal for weeks straight or 3+ hour waits. Claimyr was worth it especially for complicated situations like this where you need to explain things to a real person.

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dont quit!!!! if u quit itll be way harder to get benefits. make them fire u. texas is at will so theres nothing u can do about being fired but at least ud get unemployment easier

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This isn't entirely accurate. While it's generally easier to qualify if you're fired without misconduct, Texas does recognize "constructive discharge" - which is when working conditions are so intolerable that a reasonable person would feel compelled to resign. The key is documentation and properly explaining the situation to TWC. Sexual harassment/assault and subsequent retaliation absolutely qualifies as good cause to leave.

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OMG THIS HAPENED TO ME TOO!! Different situation (no assault thank god) but they cut my hours trying to make me quit after I reported harassment!!! I ended up quitting and TWC denied me at first but I appealed and won. The TWC hearing officer was actually really understanding when I explained everything. Make sure you save EVERY text, email, schedule change, EVERYTHING. They tried to say I voluntarily quit without good cause but I had proof they were trying to force me out. YOU CAN WIN THIS!!!

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Thank you for sharing your experience. It helps knowing someone else navigated this successfully. Did you have a lawyer for your appeal hearing or did you handle it yourself?

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After reading through all the comments, I want to add a few more points: 1. If you do decide to quit, be very specific in your TWC application about the hostile work environment and retaliation. Use the phrase "constructive discharge" - it's when an employer deliberately creates intolerable working conditions forcing an employee to resign. 2. Texas law protects workers who report sexual assault from retaliation. Cutting hours after your report could qualify as retaliation. 3. When documenting, include dates, times, what was said/done, and who witnessed it. 4. If you're able to speak with a TWC representative directly about your situation before filing, that can be helpful. The standard phone lines are usually jammed, which is why someone mentioned Claimyr - it can be worth it for complex cases like yours.

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This is incredibly helpful information. I've been taking screenshots of my reduced schedule and making notes of comments, but I'll start being more detailed with dates and witnesses. I think I'll try to talk with a TWC representative directly before making any decisions.

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So sorry you're going through this! One thing nobody mentioned - if you do need to quit, try to line up another job first if possible. Even with a valid "good cause" quit, TWC benefits can take 4-6 weeks to start if everything goes smoothly, and MUCH longer if your employer contests it (which they probably will). My determination letter took 8 weeks, and then I had to appeal which took another month. I almost lost my apartment waiting for benefits to start. Just something to prepare for financially if you can.

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Thank you for the reality check about timing. I do have some savings, but not enough to last 2-3 months with no income. I'll definitely try to secure another position before quitting if possible.

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