< Back to Texas Unemployment

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.

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.

0 coins

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.

0 coins

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

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

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?

0 coins

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.

0 coins

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?

0 coins

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.

0 coins

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?

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

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.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,872 users helped today