Should I file for TWC unemployment after being laid off and working brief 1099 job?
I got laid off from my full-time banking job on 9/29 and accepted a temp 1099 position last week just to have some income. Only worked 3 days but now they're telling me they don't need me anymore (client changed scope of project). I'm worried about my unemployment eligibility since I worked this short 1099 gig. Should I file my TWC claim now or will those 3 days as an independent contractor mess up my benefits? Does this count as refusing work if I don't continue as a contractor? I've never applied for unemployment before and really need the help since I have rent due next week.
25 comments


CosmicCommander
Yes, file your claim right away! Your eligibility is mostly based on your W-2 employment during the base period (roughly the first 4 of the last 5 completed calendar quarters). A few days of 1099 work wouldn't disqualify you, but you would need to report any earnings for that week when you request payment. The important thing is being honest about all work and earnings when you file and during payment requests. Since the 1099 work ended through no fault of your own, it shouldn't affect your eligibility negatively.
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Oliver Zimmermann
•Thank you! That makes me feel better. Should I wait until this week is completely over to file or do it right away? Also, will they contact my previous employer about why I was laid off?
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Natasha Volkova
The TWC system is SUCH a pain! They will probably flag your account for "review" the second you mention 1099 work and you'll be stuck in pending status for WEEKS!!! Happened to me in January and I couldn't get ANYONE on the phone for almost a month. They make it impossible to reach someone when there's any kind of issue with your claim!!
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Oliver Zimmermann
•Oh no, that sounds terrible! I'm already stressed about bills... I can't wait weeks for this to get sorted out.
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Javier Torres
hey i did somthing similar last year, just file and make sure u report those days u worked when u do ur payment request. its not a big deal but dont forget to mention it or TWC might come after u later for overpayment
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Oliver Zimmermann
•Thanks for the tip about reporting it! Do you remember if they asked for any proof of the 1099 work or did you just tell them the amount you earned?
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Emma Davis
File your claim immediately. The date you apply affects your benefit year and potentially the amount you receive. For the 1099 work, you'll need to report the gross earnings during your payment requests for that specific week. Make sure you have documentation of your layoff from your primary employer - TWC will contact them to verify separation reason. Since your 1099 work was temporary and ended due to lack of work, it's not considered refusing suitable employment. Here's exactly what you need to do: 1. File online at twc.texas.gov or call 800-939-6631 2. Have your last 18 months of employment info ready 3. When you request payment for the week you did 1099 work, accurately report those earnings 4. Continue doing at least 3 work search activities each week once approved 5. Document everything in case of questions later The most important thing is to be completely transparent about all work activity.
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Malik Johnson
•This is super helpful info, but I just want to add something important - make sure you're reporting GROSS earnings from 1099 work, not what you actually received after expenses. A friend of mine got an overpayment notice because she only reported her net earnings after business expenses. TWC wants the full amount before any deductions!
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Isabella Ferreira
i got laid off in august filed right away even though i had a couple days at another job that didnt workout. just be honest about the dates and money. twc is actually pretty understanding about this stuff.
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Oliver Zimmermann
•That's reassuring to hear! I was worried they'd be really strict about everything.
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Ravi Sharma
If you're having trouble actually getting through to TWC once you file (which is likely - took me 17 calls before I got through), try Claimyr.com. It helped me get through to a TWC rep in about 15 minutes when I was having issues with my claim staying stuck in pending. They have a video showing how it works at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Saved me so much frustration especially after spending days getting busy signals.
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Oliver Zimmermann
•I've never heard of that service before. Thanks for the tip! If I start having trouble reaching someone I'll definitely look into it.
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Natasha Volkova
Make sure you have PROOF of why that 1099 job ended!!! When I had a similar situation they demanded an email or letter from the company stating why the work ended. Otherwise they might say you "voluntarily quit" which disqualifies you! The burden of proof is ALWAYS on the claimant!!
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Emma Davis
•This is partially correct. While documentation is helpful, for very short-term 1099 work this isn't always required. However, it's good practice to request an email confirming the project ended due to client needs. If TWC has questions, they'll request additional information through your correspondence inbox on the portal. Don't panic if this happens - just respond promptly with any documentation you have.
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Javier Torres
also dont forget u gotta do those work search activities every week. they want at least 3 for most counties in texas and u gotta keep a log of them
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Oliver Zimmermann
•Do those work search activities start once I'm approved or should I be doing them right away after filing?
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CosmicCommander
File immediately, and do your work search activities starting right away. Keep detailed records of every application, contact, or work search activity. For your specific situation, make sure you note the exact dates and earnings from your 1099 work during your first payment request. Since you worked 3 days, you'll report those earnings in the week they were earned, which may reduce your benefit for just that week, but won't affect other weeks. The system will calculate any partial payment for that week automatically. And regarding your previous question - yes, TWC will contact your former employer to verify the separation reason and potentially other details. This is standard procedure and why it's important your application accurately reflects the circumstances of your job loss.
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Oliver Zimmermann
•Thanks for the detailed explanation! I'll get my claim filed today and start keeping track of my work search activities right away. Hopefully everything goes smoothly.
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Maya Jackson
Just wanted to add something that might help - when you file your claim, TWC will ask about your reason for separation from your most recent employer. Since your banking job ended in September and the 1099 work was just a few days, make sure you're clear that your primary separation was the layoff from banking, not the end of the contractor work. The 1099 gig was just temporary income while you were already unemployed. This distinction can be important for how they process your claim. Also, if you haven't already, gather your final pay stub from the banking job and any layoff documentation they provided - TWC might ask for these during the application process.
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Andre Dupont
•That's a really good point about clarifying which job was the primary separation! I hadn't thought about that distinction but it makes total sense. I do have my final pay stub from the bank and they gave me a letter confirming it was a layoff due to restructuring, so I'll make sure to have those ready when I file. Thanks for pointing that out - I want to make sure I don't accidentally confuse things by making it sound like the 1099 work was my main job.
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Aisha Hussain
•@Maya Jackson This is excellent advice! I was getting confused about how to handle having two different job endings so close together. Your point about making it clear that the banking layoff was the primary separation and the 1099 was just temporary work while already unemployed really helps clarify things. I ll'definitely emphasize that when I file - don t'want TWC thinking I quit the contractor position and that s'why I m'filing. Really appreciate everyone s'help here, I m'feeling much more confident about filing now!
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Andre Laurent
One more thing to keep in mind - when you do your weekly payment requests, you'll need to answer questions about your work search activities and any work performed that week. For the week you did the 1099 work, you'll answer "yes" to working and report those earnings, but you'll also still need to show you did your required work search activities that same week (unless you worked full-time hours). Don't assume that working a few days exempts you from the work search requirement - TWC expects you to continue actively looking for permanent employment even while doing temporary work. Also, make sure you understand your local workforce area's specific work search requirements since they can vary slightly by region in Texas.
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Lily Young
•This is really helpful info about the work search requirements! I didn't realize I'd still need to do those activities during the week I worked the 1099 job. Since it was only 3 days, I definitely didn't work full-time hours so I'll make sure to document my job search activities for that week too. Do you know if applying for other 1099/contract positions counts toward the work search activities, or do they prefer to see applications for W-2 positions? I want to make sure I'm meeting the requirements properly from the start.
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Lara Woods
Good question @Lily Young! Contract/1099 applications definitely count toward your work search activities - TWC considers any legitimate job search effort valid, whether it's W-2 or 1099 positions. What matters is that you're actively seeking work that matches your skills and experience. Just make sure to keep detailed records of each application including the company name, position, date applied, and method (online, in person, etc.). You can also count networking events, job fairs, career counseling sessions, and even creating/updating professional profiles on sites like LinkedIn as work search activities. The key is showing consistent effort to find employment. Since you're in banking, I'd suggest mixing both traditional employment applications with contract opportunities since the financial sector often uses both types of positions.
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Sophia Nguyen
•@Lara Woods Thank you so much for that comprehensive answer! It s'really reassuring to know that 1099 applications count toward the work search requirements. I was worried I d'be limiting myself by only applying to traditional W-2 banking positions. Your suggestion about mixing both types of applications makes perfect sense, especially since the banking industry does use a lot of contract workers for project-based work. I ll'make sure to keep detailed records of everything - company names, positions, dates, and methods like you mentioned. The tip about networking events and updating LinkedIn profiles counting as activities is super helpful too. I feel much more prepared to handle the work search requirements properly now. Thanks for taking the time to explain all of this!
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