TWC unemployment for pregnancy discrimination - can I apply when due in a few weeks?
I'm in a really tough spot and need advice ASAP. I was working at a daycare as a floater (not permanently assigned to one room). When I got pregnant, my doctor restricted me from lifting anything over 5lbs. My boss actually ASKED me to bring in a doctor's note about my restrictions, which I did, thinking they would just move me to one of the older kids' rooms where heavy lifting isn't required. Instead, they immediately let me go when I brought in the note! I'm due in about 3 weeks and now suddenly without income. Can I even apply for TWC unemployment this close to my due date? Will they deny me because I'll be having a baby soon? Has anyone dealt with pregnancy discrimination and unemployment benefits? I'm panicking about bills right now.
24 comments


Sofia Martinez
That's 100% pregnancy discrimination and illegal! Apply for unemployment TODAY. Do NOT wait. Being pregnant or close to your due date has NOTHING to do with your eligibility. You were terminated without cause - you followed their request for documentation and they fired you instead of making reasonable accommodations. TWC should approve you. Make sure you clearly explain in your application that you were terminated after providing requested medical documentation for pregnancy accommodations.
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Dylan Mitchell
•Thank you!! I was worried they might reject me since I'll be on maternity leave soon anyway. Should I mention the discrimination part specifically in my application? I'm nervous about making accusations.
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Dmitry Volkov
omg honey this happened to my sister last year!! they totally cant fire u for being pregnant!! thats against the law. def file for unemployment but also maybe talk to a lawyer?? my sister got backpay and everything
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Dylan Mitchell
•Really?? Did she file for unemployment first or go straight to a lawyer? I don't know if I can afford legal help right now with the baby coming.
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Ava Thompson
You need to understand how TWC will view your case. This is likely qualifying job separation because: 1. You didn't voluntarily quit 2. You were able to work with reasonable accommodation 3. The employer failed to provide accommodation required by law When you file your claim, be factual: "I provided employer-requested medical documentation limiting lifting to 5lbs due to pregnancy. Alternative positions were available that met these restrictions, but employer terminated me instead of reassigning me." Your due date shouldn't affect initial eligibility, but you'll need to report when you're no longer able to work due to childbirth as you must be "able and available" for work to receive benefits. You'll stop payment requests while recovering, then resume when you're medically cleared to work again.
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Dylan Mitchell
•This is so helpful, thank you! So I'll need to stop requesting payments after I give birth and then start again when my doctor clears me? How do I let TWC know about that? I've never applied before.
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CyberSiren
I went through something similar wit my last pregnancy (different reason but still fired while pregnant). Call TWC RIGHT NOW and get your claim started. I spent 3 WEEKS trying to get through and finally gave up and used Claimyr.com to reach an agent after seeing someone mention it here. Their service got me connected to a TWC rep in like 20 mins when I'd been trying for weeks! The video on https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh shows how it works. Worth every penny since my claim got backdated to when I first tried applying.
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Dylan Mitchell
•Thank you! I'll try calling tomorrow but will definitely check out that service if I can't get through. Did they backdate your claim when you finally reached someone?
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Miguel Alvarez
You should definitely apply for TWC unemployment benefits right away. What your employer did is likely a violation of pregnancy discrimination laws. Here's what you need to know: 1. File your initial claim immediately - don't wait 2. When completing the separation reason, choose "discharged" and explain exactly what happened 3. Be prepared for your employer to potentially fight the claim 4. Document everything - dates, who you spoke with, copies of doctor's note, etc. 5. For your work search requirements, you'll need to complete 3 work search activities each week Regarding your upcoming delivery: When you give birth, you'll need to report that you're temporarily unable to work. You won't receive benefits during that period, but your claim remains open. Once your doctor clears you to return to work, you can resume requesting payments if you're still unemployed.
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Dylan Mitchell
•Thank you for the detailed information! I was worried I'd need to start a whole new claim after giving birth. Is there a specific form for reporting that I'm temporarily unable to work after delivery?
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Zainab Yusuf
I would be SO MAD!! They can't do this to you!! Apply for benefits NOW and definitely talk to a lawyer too because this is ILLEGAL discrimination. My cousin had something similar happen and she got unemployment AND a settlement. Don't let them get away with this!! Make sure you keep any texts or emails they sent you about bringing in the note.
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Dylan Mitchell
•I'm definitely upset but trying to stay calm for the baby. I have the texts where they asked for the doctor's note, so I'll save those. Did your cousin have to pay the lawyer upfront?
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Connor O'Reilly
when u apply make sure u tell TWC exactly what happened. dont leave anything out. they fired u after u gave them doctors note = wrong termination. my brother works at twc and says they look at if the employer had good cause to fire u. they didnt have good cause. pregnancy is protected.
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Dylan Mitchell
•Thanks! That's good to know someone who works there thinks I have a case. I'll be completely honest about what happened.
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Ava Thompson
One additional note - be ready for your employer to possibly claim you were unable to perform essential job functions. Counter this by explaining that: 1. As a floater, you could have been assigned to rooms with older children 2. The 5lb restriction wouldn't have prevented you from performing duties with older age groups 3. You were willing and able to work with this accommodation If you get a determination letter denying benefits (hopefully you won't), you have 14 calendar days to appeal. Don't miss this deadline. Also, when you're unable to work after childbirth, you'll report this during your biweekly payment request by answering "No" to the question about being able and available for work. Then explain you're on medical leave following childbirth. Resume payment requests when medically cleared.
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CyberSiren
•This happened to me and I had to appeal! The determination letter was SO confusing. I tried calling TWC for days and couldn't get through. Used claimyr.com to finally reach someone who explained the appeal process. My advice - if you get a confusing letter, don't waste time trying to call normally - you'll never get through with the regular number.
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Sofia Martinez
Absolutely file, but ALSO file a complaint with the EEOC (Equal Employment Opportunity Commission) for pregnancy discrimination. You only have 180 days from the discrimination to file with them. Their process is separate from unemployment but could lead to additional compensation for illegal termination. The EEOC complaint costs nothing to file.
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Dylan Mitchell
•I didn't even think about the EEOC! Thank you for mentioning this. I'll look up how to file with them too.
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CosmicCruiser
Just want to add - make sure you apply online at WorkinTexas.com as soon as possible, don't wait! The system will walk you through everything step by step. When it asks about your separation reason, select "Discharged/Fired" and in the comments section be very clear: "Employer requested medical documentation for pregnancy restrictions. After I provided doctor's note limiting lifting to 5lbs, employer terminated me instead of providing reasonable accommodation by reassigning me to age-appropriate classroom." Keep it factual and straightforward. You've got this - what they did was completely wrong and you deserve these benefits while you look for new work!
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Vanessa Chang
•Thank you so much! I really appreciate everyone's help here. I'm going to apply online tonight and make sure I'm very clear about what happened. It's reassuring to know that so many people think I have a strong case. I was honestly worried they might side with my employer since I'm so close to giving birth, but now I understand my pregnancy actually protects me legally. Going to save all these responses to reference if I need help later in the process!
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AstroAce
I'm so sorry this happened to you! What your employer did is textbook pregnancy discrimination and you absolutely should file for unemployment benefits immediately. Don't let being close to your due date discourage you - your pregnancy actually strengthens your case, not weakens it. A few important points: - File your claim TODAY through WorkinTexas.com - When describing your separation, be clear that you were terminated after providing employer-requested medical documentation - Emphasize that reasonable accommodations were available (reassignment to older kids' rooms) - Keep all documentation - texts, emails, doctor's note, anything related to this You'll likely qualify for benefits right away, and when you give birth you can temporarily pause your claim during recovery, then resume when you're medically cleared to work again. Your claim stays open during that time. Also consider filing an EEOC complaint within 180 days - it's free and could result in additional compensation for the discrimination. You don't need a lawyer to file either the unemployment claim or EEOC complaint, though consulting one wouldn't hurt if you can manage it later. Stay strong - you're fighting for your rights and your baby's future! 💪
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Ivanna St. Pierre
•This is such comprehensive advice, thank you! I feel so much more confident about applying now. I was really scared they'd automatically deny me because of my due date, but understanding that my pregnancy actually protects me legally changes everything. I'm definitely filing tonight and will keep all my documentation organized. The EEOC option is something I hadn't considered at all - 180 days gives me time to focus on the unemployment claim first and then look into that. Really appreciate you taking the time to break this down so clearly!
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Fatima Al-Rashid
This is absolutely infuriating - what they did to you is completely illegal! You have a rock-solid case here. Apply for unemployment benefits IMMEDIATELY through WorkinTexas.com - don't wait another day. Here's the key thing everyone's mentioned but I want to emphasize: being 3 weeks from your due date actually HELPS your case, not hurts it. This is textbook pregnancy discrimination under both state and federal law. They literally asked YOU to bring documentation, then fired you when you complied! When you file, be crystal clear: "Employer requested medical documentation for pregnancy-related lifting restrictions. After providing doctor's note limiting lifting to 5lbs, employer terminated me rather than reassigning me to available positions that would accommodate restrictions." Document EVERYTHING - save those texts where they asked for the note, keep your doctor's paperwork, write down dates and conversations while they're fresh. You'll likely get approved quickly since this is such clear wrongful termination. And yes, definitely file that EEOC complaint too within 180 days. Many employment lawyers take discrimination cases on contingency (no upfront costs) if you decide to pursue that route later. You've got this mama - focus on getting your benefits flowing first, then worry about holding them accountable for this discrimination! 💪
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Dmitry Petrov
•Thank you so much for this encouraging response! I was honestly feeling pretty defeated and worried I wouldn't have any options, but reading everyone's advice here has given me hope. I had no idea that what happened to me was so clearly illegal - I thought maybe they had the right to let me go since I couldn't do all parts of my job anymore. But you're absolutely right that they could have easily moved me to work with the older kids where heavy lifting isn't needed. I'm going to apply online right now and make sure I explain exactly what happened. It's such a relief to know that my pregnancy actually strengthens my case rather than making it harder. I'll definitely save all those texts and start documenting everything properly. Thank you for the reminder about the EEOC deadline too - having 180 days gives me some breathing room to handle the unemployment first. Really appreciate all the support from everyone here! 🙏
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