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TWC benefits after being fired for not working in-office despite remote job agreement - moved from Dallas to Austin

I'm seriously confused about my unemployment eligibility right now. I was just terminated from my remote position yesterday. Here's what happened: I moved from Dallas to Austin (about 200 miles) around 10 weeks ago. My job was 100% remote when I was hired and has been for the entire time I've worked there (almost 2 years). I never had to go into the office - not once! I informed my manager about my move beforehand, and they said it was fine since I'm remote anyway. Now here's the weird part - my termination letter states I was let go because I 'couldn't perform in-office job tasks due to relocation.' This makes ZERO sense since my position was never described as requiring in-office work. I think they're trying to block me from getting unemployment by making it seem like I couldn't fulfill job requirements. Has anyone dealt with something similar? Will TWC deny my benefits because of this weird termination reason? I have all our communication showing my job was remote, plus my original job description. Should I file anyway and then appeal if denied? I'm really worried about making rent next month if I can't get approved.

Emma Olsen

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You should definitely file for unemployment! This sounds like the company may be trying to categorize this as you quitting or being unable to perform required duties, but if your job was truly remote (and you have documentation showing this), you have a strong case. When you file, be very clear in your application that: 1. Your job was designated as fully remote when hired 2. You have documentation proving this arrangement 3. You notified them of your move and received approval 4. At no point was in-office work mentioned as a requirement until termination If they try to deny your claim (which they might initially), you should immediately appeal and provide all your documentation. In my experience, TWC will side with you if you can prove your job was remote and the employer changed terms without notice. Also, make sure to save ALL communication about your termination. Don't delete any emails or texts that show your job was remote or that your move was approved.

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Thank you so much for your detailed response! I'm still gathering all my documentation. I have emails confirming my remote status from when I was first hired, plus the Slack messages where I told my manager about the move and they said it was fine. The only thing that worries me is that nothing specifically says "you never need to come to the office" - it was just understood since that's how the job was posted and how I've been working all along. Will that be enough?

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Lucas Lindsey

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they did this 2 me too!!! was working remote then suddenly said i had 2 come in 3 days a week with no warning. i live 45 min away and have no car, told them i couldnt do that & they fired me saying i refused 2 work. TWC denied me at first saying i refused available work. FIGHT IT!!!

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Oh no, that's exactly what I'm afraid of happening. Did you end up appealing the TWC decision? If so, how did that turn out?

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Lucas Lindsey

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yea i appealed and won!!! took 6 weeks tho and was broke af waiting. bring ALL ur proof to appeal hearing

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Sophie Duck

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This is actually a common tactic some employers use to try avoiding unemployment claims. They create impossible conditions or retroactively change job requirements hoping employees won't fight back. The appeals process works, but as mentioned, it can take time. One tip: Document a specific timeline of events - when you were hired as remote, when you moved, when you notified them, when they acknowledged it was fine, and when they suddenly claimed you needed to be in-office. This kind of clear chronology is very persuasive in appeals.

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When you file your initial claim, you'll get a call from TWC to discuss why you were separated from your employer. This is CRITICALLY important - they'll also be contacting your employer for their side. Be prepared to clearly explain that your position was remote, you had permission to move, and the termination reason is fabricated. I was in a somewhat similar situation where my employer tried to say I couldn't perform essential job functions after they changed my role without notice. What really helped me was having documentation from my original job description. One thing to know: getting through to TWC about your claim status can be nearly impossible. After waiting for weeks with no updates, I found a service called Claimyr (claimyr.com) that got me connected to an actual TWC agent in about 20 minutes instead of days of redialing. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh It was so worth it because I found out my employer was contesting my claim with false information, and I was able to address it immediately before a determination was made.

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Anita George

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i tried calling TWC like 50 times yesterday and couldn't get through!! so frustrating!!

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Thank you for this information! I haven't filed yet but plan to do so tomorrow. That's a good point about documenting the timeline - I'll put something together tonight showing the sequence of events. I'm a little nervous about getting my story straight for that TWC call. I've heard the phone system is a nightmare, so I appreciate the tip about getting through. If I can't reach someone after a few days I'll definitely check out that service.

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I'm a former HR professional who dealt with unemployment claims in Texas. Here's what you need to know: Your case is what TWC would consider a "substantial change in job duties" situation. If the employer suddenly requires in-office work for a position that was designated as remote, that's on THEM, not you. Your employer will likely argue one of two things: 1. That in-office work was always an essential function (which you can disprove with your job description and work history) 2. That business needs changed, requiring in-office presence (which doesn't automatically disqualify you if they never communicated this change or gave you reasonable time to comply) Keep in mind that if the employer can't prove they clearly communicated this change in requirements with reasonable notice, you should win any appeal. Texas is generally employer-friendly, but TWC doesn't look kindly on companies that change the rules without notice then fire employees. Do file your claim immediately - you have 14 days from termination to maximize your benefit period.

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Logan Chiang

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question: does the employer have to prove they actually NEEDED the person to be in-office? or can they just say they wanted it? my company did this to me claiming "culture reasons" even though id been remote for 3 years

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Great question. The employer does need to demonstrate a legitimate business reason for the change, not just preference. If they claim "culture reasons" but allowed remote work for 3 years, that's a weak argument. They would need to show how your specific job functions could no longer be performed remotely. TWC generally evaluates whether the change was reasonable AND whether proper notice was given.

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Logan Chiang

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I went thru almost the exact situation last year! They denied me initially but I appealed and won. The key was proving that: 1) My job description never mentioned in-office work 2) I had been performing successfully from home for over a year 3) They never gave me any warning that I needed to be in-office 4) They never offered any accommodation like "come in once a month" or anything The judge at my appeal hearing specifically said that an employer can't change fundamental job requirements without notice and then fire you for not meeting them. It took about 5 weeks from appeal to hearing, then another 2 weeks to get backpay once I won. Make sure to request payment every two weeks even while your case is pending!!

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This is super helpful! Our situations sound really similar. Did you have any formal documentation saying your job was remote, or was it just understood? I'm collecting everything I can but worried it's not explicit enough. And good reminder about requesting payments - I would have forgotten to do that while waiting.

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Sophie Duck

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One important thing to remember: when you file your claim and request payments, be 100% honest about the reason for separation. Don't try to guess what will get you approved faster. Select that you were discharged/fired and then explain exactly what happened - that you had a remote position, moved with notification/approval, and were then terminated for not being able to work in-office despite this never being a requirement. If TWC initially denies your claim (which happens in about 40% of cases where there's any dispute), you'll receive a Determination letter explaining why. You'll have 14 calendar days from the mail date on that letter to file your appeal. Do not miss this deadline! Also, be prepared that your former employer may falsely claim they told you the job required in-office work. This is why having documentation of the remote nature of your position is so important.

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Should I mention in my initial application that I suspect they're trying to block me from getting benefits? Or just stick to the facts about the remote nature of the job and my move?

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Sophie Duck

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Stick to the facts in your initial application. Don't speculate about their motives - that can come across as emotional rather than factual. Simply state that you had a remote position, moved with notification, and were terminated for not being able to work in-office despite this never being a job requirement. Let the facts speak for themselves.

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Anita George

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u might get denied at first dont panic!!!! most ppl get denied then win on appeal. my friend works at twc says they deny first then let the appeal judge figure it out for anything complicated

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That's reassuring to hear! I'll try not to panic if I get denied initially. I'm just really stressed about making rent if this drags on too long.

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Keep track of ALL your work search activities starting immediately. Even if your claim is pending or denied initially, you'll need to show you've been looking for work (minimum 3 work search activities per week in Texas). If you win your appeal, you'll only get paid for weeks where you completed and documented your work search activities. Create a spreadsheet with dates, company names, positions applied for, application methods, contact info, etc. TWC can audit your work search records at any time.

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Good point! I've already started applying for jobs but wasn't tracking details. I'll create that spreadsheet today. Is applying online enough to count as an activity or do I need to do other things too?

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Online applications definitely count! Each work search activity can be one of the following: - Applying for a job - Creating a profile on a job search site - Attending a job fair or networking event - Having a job interview - Creating/updating your resume - Registering with a staffing agency Just make sure you're doing at least 3 different activities each week and documenting them thoroughly. And remember to log into WorkInTexas.com and set up your profile there too - that's required.

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