TWC denial after being fired - can I qualify now after layoff from new job?
So my unemployment situation is confusing me right now. I was put on a performance improvement plan (PIP) at my old job before getting fired about 6 months ago. I filed for unemployment right away but TWC denied my claim (said it was for misconduct I guess?). After that, I found a new job pretty quick and was working there for about 3 months until last week when they did a mass layoff and our entire department got cut. No warning at all! Now I'm wondering if I can file for unemployment again? Will my previous denial affect this new claim? And since I only worked at this latest company for 3 months instead of 4 quarters, will I even qualify? I really need some help understanding the base period calculation and if my previous wages count at all toward a new claim. Does anyone know if being laid off now (which wasn't my fault) changes things from my previous denial? I'm stressing over bills already.
18 comments
Sean Murphy
yes u can file again!! the layoff is totally different situation than being fired for preformance. TWC treats layoffs as no fault of yours.
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Anastasia Ivanova
•Thanks, that's a relief to hear. Do you know if they'll look at both jobs for the base period calculation? I'm worried I don't have enough work history at just the new place.
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StarStrider
The good news is that your base period calculation will likely include wages from both employers, not just the most recent one. TWC looks at the first 4 of the last 5 completed calendar quarters before you file your claim. So even though you only worked 3 months at the new job, your previous job's wages should still count in the base period (assuming they fall within that timeframe). The key difference now is that your qualifying separation is the layoff, which is considered qualifying because it wasn't your fault. The previous denial won't matter for this new claim because you're filing based on a new job separation event. Make sure to accurately report both jobs in your application and explain clearly that you were laid off in a reduction of workforce. That makes it clear this was not performance-related.
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Zara Malik
•This isn't always true!! I got denied even after being laid off because they said I didn't have enough wages in my base period. OP needs to check if both employers paid unemployment taxes in Texas.
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Anastasia Ivanova
That's really helpful info about the base period, thanks! Both companies were based in Texas and took taxes out of my paychecks. I guess I'll just have to apply and see what happens? I'm just nervous about getting denied again.
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Luca Marino
The whole TWC system is DESIGNED to be confusing and deny people!!! I went through something similar where I got denied the first time and approved the second time but it took FOREVER and I almost lost my apartment waiting. Their stupid phone lines are always busy and when you finally get through they transfer you 5 times only to get disconnected. The entire system is broken!!!!
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Nia Davis
•Same experience here. Took me 3 weeks just to talk to someone about my claim status.
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Mateo Perez
I had a similar situation last year and found a service called Claimyr that helped me get through to TWC when their phones were constantly busy. Saved me days of constant redialing. It basically holds your place in line and calls you when it gets an agent. I watched their demo video at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh and tried it since I was desperate to get my layoff claim sorted out. Worked pretty well for me - I got through to TWC within about an hour instead of days of trying. In your case, definitely worth talking to someone directly about your specific situation with the previous denial and new layoff so they can look at your actual wage history and tell you exactly what you qualify for. The website claimyr.com if you're struggling to get through on the phones.
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Anastasia Ivanova
•Thanks for the suggestion! I've been trying to call them all morning with no luck. I'll check out that service because I really need to talk to someone to understand my options.
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Aisha Rahman
To give you accurate information on your specific situation: 1. Yes, you can absolutely file a new claim after being laid off, regardless of your previous denial. 2. The base period for TWC is the first 4 of the last 5 completed calendar quarters before filing. Both employers' wages will count if they fall within this period. 3. You need to have earned wages in at least 2 of the 4 base period quarters AND your total base period wages must be at least 37 times your weekly benefit amount. 4. The reason for separation from your LAST employer is what matters most for eligibility. A layoff due to reduction in workforce is considered a qualifying separation. 5. Your previous denial for misconduct won't affect this new claim since it's a completely different separation event. File your new claim immediately. When completing the application, be clear that you were laid off as part of a department-wide reduction in workforce. This is very different from being fired for performance issues. Good luck!
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Anastasia Ivanova
•This is SO helpful, thank you! I wasn't understanding how the base period worked. I've worked consistently for the past 2 years between both jobs, so it sounds like I should have enough wages in my base period. I'll file today and be super clear about the layoff being department-wide.
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CosmicCrusader
when i got laid off last year my manager actually gave me a letter stating it was a reduction in force. if your boss is cool maybe ask them for something in writing? saved me a ton of headache with TWC.
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Anastasia Ivanova
•That's a great idea. I still have contact with my former manager. I'll send him an email right now to see if he can provide something in writing. Thanks!
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StarStrider
Just to follow up on what others have said - make sure you appeal immediately if you get denied! Sometimes TWC automatically denies claims and you need to appeal to get an actual human to review your case. The appeal deadline is strict (14 days from the determination letter date). Also, continue requesting payment every two weeks even while waiting for a decision or appeal. If your claim is eventually approved, they'll pay you retroactively for those weeks - but only if you made the payment requests on time.
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Anastasia Ivanova
•I definitely will appeal if needed! And thanks for reminding me about the payment requests - I didn't do that with my first claim and learned later that was a mistake.
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Luca Marino
Make sure you do your work search activities too!!! They will deny you if you aren't doing the required number each week (it's 3 for most counties in Texas). Document EVERYTHING. The system is designed to trip people up!
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Anastasia Ivanova
I just wanted to update everyone - I filed my new claim yesterday and made sure to clearly explain the layoff situation. The online system says my claim is under review, so now I'm just waiting. I also reached out to my former manager who agreed to provide a letter confirming the department-wide layoff. Thanks everyone for the advice - I'll update when I hear something!
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Aisha Rahman
•That's great! Having documentation of the layoff should help a lot. The review process usually takes about 21 days, but it can be faster. Good luck!
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