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

I was suddenly suspended from my job last week after another employee made completely false accusations about me. HR told me they're conducting an 'investigation' but I haven't been allowed to defend myself or even told exactly what I'm accused of! I've been with this company for 3 years with zero issues. My manager just called me into the office, told me I was suspended without pay, and escorted me out like a criminal. Can I apply for unemployment while suspended? I have bills due next week and no idea how long this investigation will take. Has anyone dealt with something similar? If they end up firing me based on these lies, will I be disqualified from TWC benefits? I'm completely stressed and have no idea what to do next.

Yuki Tanaka

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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!

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NeonNova

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Thank you! I didn't know I could apply while still technically employed. Should I select 'laid off' or something else when I file? And should I mention that I expect to be fired soon based on false accusations or just stick to the facts that I'm currently suspended without pay?

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Carmen Diaz

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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.

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NeonNova

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Thank you for the advice! I didn't realize there was a specific option for suspended without pay. That makes me feel better. I'm just worried that even if I qualify now, they'll make me pay everything back if they end up firing me and TWC sides with them.

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Andre Laurent

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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.

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Emily Jackson

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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).

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Yuki Tanaka

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While it's true Texas is a one-party consent state for recording, I'd be careful with this advice. Some employers have policies against recording workplace conversations that can be grounds for termination if violated. Best to document in writing after conversations instead - note date, time, who was present, and what was said as accurately as possible.

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Liam Mendez

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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.

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NeonNova

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Thank you for the HR perspective! That helps a lot. So even if they end up firing me after their investigation, TWC will make their own determination about whether it was justified? That's somewhat reassuring.

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Sophia Nguyen

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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.

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Carmen Diaz

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I've heard about Claimyr from others too. The TWC phone system is completely broken - 100+ calls and never getting through is common. When you need answers quickly about something complicated like being suspended, it's probably worth using a service to actually reach someone who can help.

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Jacob Smithson

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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!!

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Liam Mendez

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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.

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NeonNova

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Wait, I need to search for other jobs while suspended? That seems strange since I might get called back to work at any time. What if my current employer finds out I'm applying elsewhere? Couldn't they use that against me?

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Liam Mendez

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Yes, it does seem counterintuitive, but unless TWC specifically waives the work search requirement (which sometimes happens), you need to meet it to receive benefits. Work search can include activities besides job applications - networking, updating your resume, attending WorkInTexas workshops, etc. Document everything carefully. Your current employer won't automatically know about your TWC activities.

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Emily Jackson

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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!!!!

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Yuki Tanaka

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While the system can definitely be frustrating, TWC does approve many legitimate claims. They have to follow the law. In 2023, they approved over 65% of initial unemployment claims, according to their published data. The key is understanding how to navigate the process correctly.

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Andre Laurent

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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.

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NeonNova

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They didn't give me anything in writing, just told me verbally I was suspended without pay pending investigation. I sent an email to HR afterward summarizing what I was told so at least I have that documentation. I'll definitely be honest on the application.

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Yuki Tanaka

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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.

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