TWC denied my claim saying I quit when I was actually fired after giving notice - can I appeal?

YES! You absolutely should appeal this! This is a very common situation, and many people successfully win these types of appeals. Here's what you need to know: 1. File your appeal BEFORE the deadline (sounds like you have about a week left) 2. Clearly state in your appeal letter that you were terminated before your notice period ended 3. Get documentation from HR confirming your termination (emails, termination letter, etc.) 4. If possible, get a statement from HR confirming you were terminated for alleged safety violations rather than quitting During the appeal hearing, focus on the TIMELINE - you gave notice, but were terminated BEFORE your resignation date. That means you didn't quit - the employer made the decision to end your employment early. The fact they're claiming "safety violations" strengthens your case since that's clearly a termination reason, not a resignation.

same thing happened to me!!! my boss fired me the DAY AFTER i gave 2 weeks notice and then told TWC i quit. its total bs. make sure u appeal!!!

This is EXACTLY how these companies try to avoid paying unemployment! They know exactly what they're doing. They terminate you after you give notice so they can try to argue both ways - telling TWC you quit voluntarily while also getting rid of you immediately for their convenience. I've seen this happen dozens of times. You NEED to appeal and make it crystal clear that your employment ended because of THEIR decision to terminate you before your notice period ended. The reason they fired you doesn't even matter in this case - the fact is THEY chose to end the employment relationship before your resignation date. BTW - the "safety violations" thing is probably complete BS too. Notice how they won't tell you what they were? They're making that up to cover themselves.

i dont understand why ur situation would be denied. ur employer terminated u before ur 2 weeks was up so techinically they fired u. just fill out the appeal form online. sometimes twc just gets things wrong or the employer lies and its a easy fix. dont stress to much

This is a textbook case of an employer misrepresenting the facts to TWC. What happened is your employer reported to TWC that you resigned, but failed to mention they terminated you before your resignation date. This happens frequently. For your appeal: 1. Request a copy of your TWC claim file through their online portal - this will show exactly what your employer reported 2. Submit documentation of termination from HR as evidence 3. Be prepared to explain the timeline clearly at the hearing You'll likely have a telephone hearing with a TWC hearing officer. Make sure you have all your evidence organized and submitted beforehand. The hearing officer will ask both you and your former employer questions about what happened. Also, on the appeal form itself, be very direct: "I was terminated on [DATE] for alleged safety violations before my resignation date of [DATE]. I did not quit - I was fired.

Have you tried reaching TWC by phone? They might be able to give you more info about why exactly they denied your claim. Maybe there's more to the story that your employer told them?

my friend said if u gave 2 weeks but they fire u before the 2 weeks is up u should qualify but sometimes the employers lie to twc about what happened dont they have to prove the safety violations??

Just wanted to add one more important thing - make sure you continue to request payment every two weeks while your appeal is pending! Many people stop requesting payment during appeals, but you should continue doing this and completing your work search activities. If you win your appeal, TWC can only pay you for weeks you properly requested payment.

Just an update for anyone who finds this thread later - I won my appeal in almost the exact same situation! Make sure you have documentation showing when you gave notice and when you were terminated. The hearing officer in my case immediately understood that being fired before your notice period ends means you were terminated, not that you quit. Good luck!!!

I'm really glad to see you got the documentation from HR confirming your termination! That's going to be crucial evidence for your appeal. One thing I'd suggest - when you have your hearing, emphasize that your employer made the business decision to end your employment early rather than allowing you to work out your notice period. This shows they prioritized their immediate needs over your original resignation timeline. Also, if the hearing officer asks about why you originally gave notice, keep it brief and factual - you were seeking better compensation opportunities. The key point is that regardless of why you gave notice, your employer chose to terminate you before that notice period ended. That termination decision is what actually ended your employment, not your resignation. Document everything about the hearing process too - dates, times, what was discussed. Sometimes these cases need to go through multiple levels of appeal, so having good records helps. You're doing everything right by getting organized and meeting the deadlines!

I just went through almost the exact same scenario and won my appeal! Here's what really helped me: I created a simple timeline document showing the exact dates - when I gave notice, when I was supposed to leave, and when they actually terminated me. I also got a written statement from a coworker who witnessed my supervisor telling me I was being terminated for "performance issues" (which was bogus, just like your "safety violations"). During my hearing, the TWC officer asked the employer's representative to explain why they terminated me before my notice period if I had supposedly quit. They couldn't give a good answer and kept contradicting themselves. The officer ruled in my favor within a week. One tip - if your employer shows up to the hearing and tries to claim the termination was for misconduct, ask them to provide specific documentation of the alleged safety violations. Most of the time they can't produce anything concrete because they're making it up to avoid paying unemployment. You've got this!

I'm so sorry you're dealing with this frustrating situation! As someone who works in employment law, I can tell you that what happened to you is unfortunately very common - employers will sometimes terminate someone immediately after they give notice, then try to claim the person "quit" to avoid paying unemployment benefits. The good news is that you have a very strong case for appeal! When an employer terminates you before your notice period ends, legally speaking, YOU WERE FIRED. It doesn't matter what your original intention was - the employer made the final decision about when your employment ended. A few additional tips for your appeal: - In your appeal letter, use clear language like "I was terminated on [date] before my resignation effective date of [date]" - Request that TWC obtain the employer's separation notice (Form C-2A) that they filed - this often shows discrepancies in their story - If possible, get any text messages, emails, or other communications from around the time you were terminated Don't let them intimidate you with vague "safety violation" claims they can't substantiate. You've got solid documentation from HR, you're meeting the deadline, and you have a legitimate case. Stay organized and confident - you're going to win this!

I've been following unemployment law cases in Texas for years, and this type of employer manipulation is unfortunately very common. What your employer did is called "constructive dismissal" - they're trying to have it both ways by getting rid of you immediately while claiming you quit to avoid their unemployment insurance costs going up. Here's what I'd emphasize in your appeal beyond what others have mentioned: 1. The fact that they won't specify the "safety violations" is actually evidence in your favor - if there were legitimate safety issues, they would have documentation 2. The timing is suspicious - safety violations don't suddenly appear 3 days after someone gives notice 3. Most importantly, Texas law is clear that when an employer terminates someone before their notice period ends, it's considered involuntary separation regardless of the original notice Make sure to phrase it exactly like this in your appeal: "My employment was involuntarily terminated by my employer on [date], which was [X] days before my intended resignation date of [date]." This language is important because it clearly establishes that the employer made the final decision about when your job ended. Also, keep calling that Claimyr service someone mentioned - getting a live person at TWC before your hearing can really help clarify any confusion in your file. You're going to win this appeal - the facts are clearly on your side!

I went through something very similar last year and it's infuriating how employers try to manipulate the system like this! The fact that HR confirmed you were terminated but TWC still denied your claim shows they're only getting one side of the story from your employer. Here's what worked for me: I gathered every piece of evidence I could find - my original notice email with the date, any texts or emails from when I was fired, and most importantly, I got HR to send me an official letter stating I was terminated before my notice period ended. During my appeal hearing, I made it super clear that I never actually quit - my employer made the decision to end my employment early. The hearing officer asked my former employer why they would terminate someone for safety violations if that person had already quit, and they couldn't give a coherent answer. One thing that really helped was keeping a detailed log of everything - dates, conversations, who said what. TWC hearing officers deal with these cases all the time and they can usually spot when an employer is being dishonest about the circumstances. You're absolutely doing the right thing by appealing. Don't let them get away with this manipulation - you were fired, plain and simple, and you deserve your unemployment benefits!

I'm dealing with a very similar situation right now and this thread has been incredibly helpful! My employer also terminated me after I gave notice and then tried to claim I quit voluntarily. Reading everyone's experiences gives me so much hope. One thing I wanted to add that might help others - when I was gathering documentation, I found out that my company's employee handbook actually states that giving two weeks notice doesn't guarantee you'll be allowed to work those two weeks. It says management reserves the right to make termination "effective immediately" for business reasons. I'm including this in my appeal because it shows their own policy treats immediate termination after notice as a firing, not a resignation. Has anyone else found their employee handbook useful as evidence? It seems like when companies put these policies in writing, it actually works against their unemployment claims because it proves they view it as termination rather than voluntary separation. Also wanted to say thank you to everyone sharing their success stories - it really helps when you're feeling overwhelmed by the whole process!