TWC benefits after being suspended for false accusation - can I qualify?

Yes, you should apply for TWC benefits IMMEDIATELY! Don't wait to see what happens with your employer. When you file, make sure you explain exactly what happened - that you were suspended without pay based on accusations you deny. TWC will contact your employer for their side of the story. I went through something similar in 2023 and I did qualify even though my employer tried to fight it. The key is being honest about everything and documenting EVERYTHING. Save all emails, texts, write down conversations with dates/times. TWC sided with me because my employer couldn't prove misconduct. Good luck!

This is actualy very common unfortunately. When u apply for benefits, select "suspended without pay" or "reduced hours" - NOT laid off or fired since that's not accurate yet. TWC considrs being suspended w/out pay as a type of unemployment. DONT get into the drama about false accusations in ur initial application. Just state facts - date suspended, no pay, reason given by employer. Let TWC contact them for details. If ur employer fights it, THEN you'll need to defend urself during the fact-finding interview.

i got falsely accused of stealing at my last job and they suspended me too. it was a nightmare! twc denied me at first but i appealed and won. key thing is BURDEN OF PROOF is on EMPLOYER not you!!!! they have to PROVE you did something wrong, you don't have to prove innocence.

Whoa, that's awful. Companies do this all the time - they suspend you hoping you'll just quit so they don't have to pay unemployment! DON'T QUIT no matter what!!!! If they fire you, make them do it formally. The TWC system is rigged against workers but at least they have to follow some rules. Document EVERYTHING. Record conversations if you're in Texas (one-party consent state).

Sorry you're dealing with this. I work in HR (not for your company!) and want to clarify something important: being suspended during an investigation is NOT the same as being fired for misconduct. When you file for TWC benefits, you'll have a fact-finding interview where both sides present their case. TWC determines if you were fired for misconduct (which would disqualify you) or for other reasons (which generally qualifies you). False accusations that the employer can't substantiate won't disqualify you. For your TWC application, stick to verifiable facts: dates, what you were specifically told, who told you, etc. Avoid emotional language or speculation about motives. Just facts.

I tried calling TWC to ask about a similar situation months ago and it was IMPOSSIBLE to get through. Busy signals for days! Finally found a service called Claimyr that got me connected to a TWC agent in under 30 minutes. Totally worth it for the peace of mind getting actual answers from TWC about my specific situation. You can see how it works at claimyr.com or watch their demo: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Anyway, TWC told me that being suspended without pay DOES qualify as a type of unemployment, and I should file right away. They also explained exactly how to answer the questions on the application for my situation.

My cousin went thru something similar!!! Her coworker accused her of harassment but was COMPLETELY LYING. She got suspended for 2 weeks while they "investigated" but still had to pay rent!! Apply for benefits right now and keep accurate records of EVERYTHING. When you request payments make sure you report that you're ready and available to work or you'll be denied!!! Also this might sound dumb but check your employee handbook to see if they violated their own investigation policy. My cousin's work was supposed to give written notice of suspension but didn't, and that helped her TWC case!!

One important detail: after you apply, you'll need to request payment every two weeks. TWC calls this a "payment request" not a "weekly claim" like some other states. Even while your case is under review, keep making these payment requests on time (every 2 weeks) or you could lose benefits for those weeks. During payment requests, you'll answer questions about your work search activities. Even though you're technically still employed (suspended), you should still be doing the required work search activities (minimum 3 per week in Texas). This includes applying for jobs, attending workshops, updating your resume, etc.

The whole system is DESIGNED to be confusing so people give up and don't get benefits they deserve!!!! Remember TWC works for BUSINESSES not for us!!!! I bet your company does this all the time to avoid paying unemployment!!!!

did u get anythng in writing about your suspension? thats super important for your twc claim. my work tried to say i was fired for theft but couldnt show any proof and i got my benefits. just be honest on your application.

After you apply, you'll likely receive a "determination letter" from TWC. This is their decision about your eligibility. If it's denied, don't panic! You have 14 calendar days to appeal from the date on the letter (not from when you receive it). Appeals are actually quite successful - about 30% of denials get reversed on appeal. For the appeal, you'll need to submit a written statement explaining why you believe you qualify, along with any supporting evidence. If your employer made the false accusation, TWC will expect them to provide evidence. If they can't prove you did something wrong, you should qualify for benefits. During the appeal process, KEEP REQUESTING PAYMENTS every two weeks. If you win your appeal, you'll receive back payments for those weeks.

I'm so sorry you're going through this - being suspended based on false accusations is incredibly stressful! I went through something similar last year and want to share what I learned. First, definitely apply for TWC benefits right away. When you file, select "suspended without pay" as your reason for unemployment. Don't overthink the application - just state the basic facts: you were suspended without pay on [date] pending an investigation, and you haven't been allowed to work or earn wages since then. Here's something important I wish I'd known: even if your employer contests your claim (which they probably will), TWC makes their own independent determination about whether you qualify. They don't just take your employer's word for it. During the fact-finding interview, you'll get to tell your side of the story. Keep documenting everything - dates, conversations, any emails or texts. And definitely don't quit, no matter how frustrated you get. If they do end up firing you, make them do it officially so you have a clear record of what happened. The whole process is nerve-wracking, but you have rights here. TWC has seen these situations many times before. Stay strong and don't let them intimidate you out of benefits you may be entitled to!

I'm really sorry you're dealing with this situation - false accusations at work are incredibly stressful and unfair. Based on what others have shared here, it definitely sounds like you should apply for TWC benefits right away since you're suspended without pay. One thing I'd add is to be prepared for the process to take some time. TWC has to investigate both sides, and that can be frustrating when you need money for bills right away. But don't let that discourage you from filing - the sooner you apply, the sooner the process starts. Also, while you're waiting, you might want to quietly start reaching out to your network or looking into other job opportunities, not because you're giving up on your current job, but because it's always good to have options. Sometimes these workplace situations don't end the way we hope, even when we're completely innocent. Hang in there and keep us posted on how it goes. This community has a lot of experience with TWC and we're here to help if you run into any issues with the application or process.

I'm going through something very similar right now! Got suspended three weeks ago after my supervisor claimed I was "insubordinate" during a meeting where I simply asked questions about a new policy. No witnesses, no documentation, just their word against mine. I filed for TWC benefits the same day I was suspended and just got approved yesterday! The key things that helped me: 1. Applied immediately - don't wait to see what happens 2. When filling out the application, I selected "suspended without pay" and kept my explanation factual and brief 3. During the fact-finding interview, I let TWC know I had been a good employee for 4+ years with no prior issues 4. I had saved emails showing my positive performance reviews and lack of any previous disciplinary action Your employer will have to prove you committed misconduct, not just make accusations. TWC told me that "he said/she said" situations usually favor the employee when there's no concrete evidence of wrongdoing. The whole process was stressful but I'm so glad I didn't wait. My first payment should come through next week. Stay strong and document everything!