TWC unemployment after termination for 'not clocking out' following work injury - will I qualify?

This is CLASSIC retaliation for filing workers comp!!! I went through almost the exact same thing in 2023. Got hurt at work, then suddenly they \

Thanks for this! Did you have to go to an actual appeal hearing? I'm nervous about having to argue my case against the company's HR rep.

You should expect TWC to initially go with whatever the employer says. They'll likely deny your claim based on 'misconduct' and you'll need to appeal. During the appeal process, you'll need to prove: \n1. That the automatic lunch deduction was standard practice \n2. That you were never warned about this being a problem before \n3. That the termination happened suspiciously close to your injury \n\nIn Texas, when an employer changes the reason for termination after the fact, it often indicates the real reason was something else. Make sure you have documentation of your injury report and any communication about light duty. This timing definitely suggests retaliation, which strengthens your unemployment case.

This is really helpful. The only warnings I ever got were about productivity, but those were before my injury, and they disappeared from my file when I asked to see them during my exit interview. Seems fishy.

I went thru simlar thing in construction. Got hurt, then fired for \

yep this is how it always goes. company makes up some BS reason, TWC denies you, then you have to fight it. system is rigged against workers 🙄

something similar hapened to me I was told I would Recieve a determination letter in the mailbox from TWC stating why I was denied. Waited forEVER to get it. Turns out they sometimes dont even send it and just update your acct online! Check your TWC account daily and appeal within the 14 day deadline no matter what!!!

Thanks for the heads up! I've been checking my mailbox everyday but didn't think to keep logging into my TWC account to check. Will do that starting today.

If you're having trouble reaching TWC to discuss your situation (which you absolutely should do ASAP), I finally had success using Claimyr (claimyr.com). After trying for days to get through the regular TWC phone line and getting nothing but busy signals, their service got me connected to a TWC agent in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh\n\nWhen I explained my situation to the agent, they noted on my account that the employer was potentially retaliating after a workplace injury. This apparently flags your case for closer review, which worked in my favor.

Does that service actually work? I tried calling TWC like 30 times last week and couldn't get through at all.

It worked for me - got through when I'd been trying for days on my own. Worth it to get my questions answered directly by an agent instead of guessing what to do.

Make sure you clearly understand the difference between your workers' compensation claim and your unemployment claim. They are separate systems, though they're intersecting in your case. For your unemployment appeal, focus on these key points:\n\n1. The timing of the termination after injury (suggests retaliation)\n2. The shift in termination reason (from \

Thank you so much for this detailed response. I'm definitely going to prepare a timeline. One question - should I mention that my supervisor actually told me verbally that they were letting me go because they

Absolutely mention that! The appeal hearing is sworn testimony, so you can testify to what your supervisor told you verbally. The fact that they said they \

One more thing - DOCUMENT that automated lunch policy!!! Take screenshots if you still have access to your timecard system. If not, get written statements from coworkers confirming this was standard practice. Text messages, emails, anything that proves nobody manually clocked out for lunch. The burden will be on YOU to prove the employer is lying about this policy, not on them to prove you violated it!

This ^^^ is the most important advice here. My TWC appeal came down to proving the \

good luck dealing with TWC tho, their whole system is designed to deny people benefits. took me 6 weeks and 3 appeals to get anything and i was laid off with 50 other people, not even fired! the whole thing is a joke

That's what I'm worried about. I have rent due in 2 weeks and I'm already behind on car payments because of medical bills from the injury. Really hoping this doesn't drag out forever.

Make sure you're still submitting your payment requests every two weeks even while waiting for the appeal! If you win your appeal, you'll get backpay for all the weeks you properly requested payment, but if you miss those biweekly requests, you won't get paid for those weeks even if you win.

my cousin works at a store where they have automatic lunch deduct too and his boss tried the same thing!!! its so common these days companies will make up any reason to not pay unemployment its ridiculous

What kind of work did you do? The reason I ask is because I think TWC looks at different industries differently. When I got fired from construction they barely questioned anything, but my wife got let go from an office job and they scrutinized everything.

I was working in a warehouse/distribution center. Loading/unloading trucks and organizing inventory. That's how I hurt my back - lifting boxes that were way too heavy.

That helps your case then. Warehouse jobs have high injury rates and TWC knows this. They'll be more likely to suspect retaliation. My buddy won his appeal in a similar situation. Just make sure you mention it was a warehouse job during your appeal.

The key thing that helped me win my appeal was proving the real reason was different than what the employer claimed. If they told you \