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.
27 comments


Emma Olsen
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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Christian Bierman
•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
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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Christian Bierman
•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
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
•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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Austin Leonard
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
•i tried calling TWC like 50 times yesterday and couldn't get through!! so frustrating!!
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Christian Bierman
•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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Abigail Spencer
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
•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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Abigail Spencer
•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
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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Christian Bierman
•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
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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Christian Bierman
•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
•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
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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Christian Bierman
•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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Austin Leonard
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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Christian Bierman
•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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Austin Leonard
•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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Carmen Vega
I'm going through something very similar right now! My employer also tried to claim I couldn't perform "essential job functions" after I moved, even though I'd been working remotely successfully for over a year. One thing that really helped me was creating a detailed timeline with dates and screenshots of everything - the original job posting showing it was remote, emails about my move being approved, performance reviews showing I was meeting expectations while remote, etc. The more documentation you have, the stronger your case. Also, when you file your claim, they'll ask for your employer's contact information. Make sure you give them the HR department's info, not just your direct manager, since HR will be handling the unemployment claim response. Sometimes managers aren't even aware what HR submits to TWC. I'm still waiting on my determination, but my lawyer friend said cases like ours (where employers retroactively change job requirements) have a high success rate on appeal if they get denied initially. Stay strong and don't let them intimidate you out of filing!
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ElectricDreamer
•Thank you for sharing your experience! It really helps to hear from someone going through the same thing. I'm definitely going to create that detailed timeline you mentioned - I have most of the documentation but hadn't thought to organize it chronologically with screenshots. That's a great idea about making sure I give HR's contact info instead of just my manager's too. I was planning to just put my manager since they were the one who fired me, but you're right that HR probably handles the unemployment side. How long have you been waiting for your determination? I'm hoping to file tomorrow and just trying to prepare myself for how long this might take.
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Beatrice Marshall
I'm dealing with almost the exact same situation! I was hired for a fully remote position 18 months ago, moved states about 6 months in (with my manager's full approval), and just got terminated last week for "inability to fulfill in-person job requirements." It's so clearly a fabricated reason to try to block unemployment benefits. I filed my claim 3 days ago and I'm waiting to hear back. From everything I've researched and what others have shared here, it sounds like we have strong cases since our jobs were legitimately remote and we have documentation proving it. The key seems to be having that paper trail showing the remote nature of the work. One thing I learned is that even if you get initially denied (which seems common in disputed cases), the appeals process really works in situations like ours where employers are clearly trying to game the system. It's frustrating that we have to fight for benefits we're entitled to, but it sounds like persistence pays off. Definitely file your claim ASAP - don't let their sketchy termination reason discourage you from applying. You worked remotely successfully for 2 years, that speaks for itself. Keep all your documentation organized and be ready to present a clear timeline if you need to appeal. You've got this!
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Jamal Wilson
•This is so encouraging to hear from someone in nearly identical circumstances! It's frustrating that employers think they can just make up reasons to avoid paying unemployment, but it sounds like the appeals system does work when we have the documentation to back up our cases. I'm filing my claim first thing tomorrow morning. It's reassuring that you went ahead and filed despite the sketchy termination reason - I was second-guessing myself wondering if I should even bother. But you're absolutely right that working remotely successfully for 2 years speaks for itself. How long did they say it would take to get an initial determination? I'm trying to mentally prepare for the timeline since I need to figure out my budget while this is pending. Thanks for the encouragement - we definitely have to stick together on this since it seems like more companies are pulling these kinds of tactics!
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Mohamed Anderson
I'm so sorry you're dealing with this - it's incredibly frustrating when employers try to rewrite history to avoid their unemployment obligations. Based on everything you've described, you absolutely should file for benefits immediately. Don't let their fabricated termination reason discourage you from applying. Your situation has all the hallmarks of a strong unemployment case: you were hired for a remote position, worked remotely successfully for 2 years, properly notified your employer about your move and received approval, and then were suddenly terminated for not being able to do in-office work that was never part of your job. That's textbook "substantial change in working conditions" that TWC recognizes. A few key things to remember when filing: - Be completely factual about the circumstances - don't speculate about their motives - Emphasize that your position was designated as remote from day one - Mention that you had approval for your move and continued performing your duties successfully - Save every piece of documentation you have about the remote nature of your role Even if you get initially denied (which happens in many disputed cases), don't give up. The appeals process is designed exactly for situations like this where employers try to manipulate the system. From what others have shared, success rates are high on appeal when you have documentation proving your job was truly remote. File tomorrow and don't let them intimidate you out of claiming benefits you've earned. You've got this!
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