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

I'm beyond frustrated with TWC right now. Here's what happened: I gave my 2 weeks notice at my job because the pay wasn't cutting it (I was making $16.50/hr when similar positions were paying $21+). Only 3 days later, my supervisor suddenly terminated me, claiming "safety violations" but refused to specify what these violations actually were. When I contacted HR directly, they confirmed I'm listed in their system as TERMINATED, not resigned. Yet somehow TWC denied my claim saying I "voluntarily quit"?? This makes zero sense. My determination letter literally states I'm disqualified because I "left the job voluntarily without good cause attributable to the employer" - but I was FIRED before my notice period ended! I've been trying to call TWC for 2 weeks straight with no luck. Has anyone successfully appealed in a situation like this? The appeal deadline is next Friday and I'm desperate to get this fixed.

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.

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Thank you so much for this detailed response. I just sent an email to HR asking for written confirmation of my termination status and reason. Should I mention in my appeal that I originally gave notice because of the pay issue? Or just focus on the fact that I was terminated before my notice period ended?

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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!!!

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Did you win your appeal? What documentation did you end up needing to provide?

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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.

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You're right - it feels like they're playing games. I've asked repeatedly what these "violations" were and nobody will give me a straight answer. I'm definitely going to appeal.

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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

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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.

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I'd add that you should also mention in your appeal that the employer has refused to tell you what these alleged safety violations were, making it impossible for you to even address them. TWC doesn't like it when employers make vague accusations they can't back up. good luck!!!

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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?

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I've been trying non-stop for two weeks! Either busy signal or I get put on hold for 2+ hours and then disconnected. It's impossible to reach anyone.

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Try using Claimyr (claimyr.com) - it's the only way I was able to actually get through to a TWC agent. They basically call TWC for you and when they get someone on the line, they connect you. Saved me days of frustration with busy signals. They have a video demo of how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh I was in a similar situation (employer lied about why I left) and I really needed to talk to someone at TWC before my appeal deadline. Was worth it to actually get answers.

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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??

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Yes, in an appeal hearing, the employer would need to provide evidence of the safety violations if that's their reason for termination. If they can't produce documentation or testimony about specific incidents, their case is significantly weakened. TWC typically requires employers to show that any misconduct was deliberate or willfully negligent.

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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.

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Thank you! I actually wasn't doing this because I thought I couldn't request payment after being denied. I'll start doing it right away.

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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!!!

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That's so encouraging to hear! I just submitted my appeal online and included a timeline with dates of when I gave notice and when I was terminated. HR finally sent me an email confirming my termination date, so I included that too. Fingers crossed!

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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!

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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!

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This is incredibly detailed and helpful - thank you so much! The term "constructive dismissal" really puts into perspective what my employer was trying to pull. You're absolutely right about the timing being suspicious - I've been with this company for over a year with zero safety issues on record, and suddenly they claim violations just days after I give notice? That's way too convenient. I'm definitely going to use that exact phrasing you suggested about "involuntary termination" in my appeal documentation. The legal terminology seems really important for making sure TWC understands the situation clearly. I had no idea that Texas law was so specific about this type of scenario, but it makes perfect sense - if the employer cuts short your notice period, they're the ones making that final decision about when employment ends. I'm going to try Claimyr again tomorrow morning to see if I can get through to someone at TWC before my hearing gets scheduled. Having a live person review my file and potentially catch any discrepancies early on sounds like it could save a lot of time and stress. Thank you for giving me such a clear framework for how to present this case!

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