When you get fired can you collect unemployment in Texas TWC?
So I got let go from my warehouse job about two weeks ago and I'm honestly not sure where I stand. My supervisor called me into the office and said they were 'moving in a different direction' but HR's paperwork says termination for performance issues. I never got any warnings in writing, nothing documented that I can find. I've been with this company six years and my record was clean until this year when we got a new manager who seemed to have it out for me from the start. I filed my Texas TWC claim right away but now I'm seeing 'adjudication in progress' on UBS and I'm panicking a little. The thing is I don't even know if I qualify since they said performance, not layoff. Does getting fired for performance mean you automatically can't get unemployment benefits? I thought only people who got laid off could collect. Really need to understand how this works before I talk to anyone at TWC.
78 comments

Jacob Lee
Wait, performance issues mean automatic denial? That's not how it works actually. TWC looks at whether what you did was actual misconduct, not just whether your numbers were low or your boss didn't like your output. Misconduct is more like breaking rules on purpose, violating company policy, doing something illegal at work, or just completely ignoring your job duties when you know better. Normal performance stuff where you're trying but falling short is a different animal. You could absolutely still qualify.
0 coins
Ava Harris
AuthorThat's genuinely the first useful thing I've heard since this happened. So the fact that they wrote 'performance' on the paperwork doesn't automatically kill my claim?
0 coins
Emily Thompson
Right, and TWC reaches out to your old employer to get their version too. Whatever they tell TWC becomes part of the picture. The 'moving in a different direction' comment from your supervisor is interesting because that sounds more like a business decision than misconduct.
0 coins
Ava Harris
AuthorI wish I had saved that voicemail from my supervisor. I only have the HR paperwork which uses the word performance everywhere.
0 coins
Sophie Hernandez
Six years with no documented warnings and then suddenly a performance termination? That pattern comes up a lot and TWC definitely looks at the whole picture, not just what box HR checked on the form. The adjudication status just means someone is reviewing the details before making a determination. It doesn't mean bad news is coming, it just means they haven't decided yet.
0 coins
Daniela Rossi
Adjudication scared me too on my claim last year. Mine took about three weeks to clear. Just keep checking UBS daily since they update overnight.
0 coins
Ava Harris
AuthorHow often does adjudication actually end in denial vs approval? Like is there any way to know which way it's leaning?
0 coins
Sophie Hernandez
Honestly there's no way to read it from the outside. TWC doesn't give you a progress update, just the final determination letter when it's done.
0 coins
Ryan Kim
The suspense of adjudication is brutal. I checked UBS like four times a day during mine even though I knew it only updates once at night.
0 coins
Sophie Hernandez
Getting through to an actual person at TWC was what made the difference for me when my claim was in adjudication. I used Claimyr to get connected, claimyr.com, there's also a video showing how it works at https://youtu.be/V-IMvH88P1U. I needed to ask whether my employer had responded yet and what documents I should have ready. The agent told me the employer hadn't submitted anything yet, which actually took a lot of stress off. Worth it just to hear something definitive instead of staring at a status screen.
0 coins
Zoe Walker
My claim just went into adjudication yesterday so the timing on this is perfect. Did you need to have your claim number ready when the agent picked up?
0 coins
Elijah Brown
I've been trying to reach someone about a similar situation and the hold times have been impossible. Might give that a try.
0 coins
Maria Gonzalez
The employer response window matters a lot here. TWC gives them 14 days to reply to the notice they send out after you file.
0 coins
Natalie Chen
Something that tripped me up early on was thinking I had to wait for the adjudication to clear before requesting payment. You actually don't. Keep putting in your payment requests on schedule, every two weeks, even while everything is in limbo. TWC can only pay weeks you actually requested, so skipping them while you wait is a mistake you can't undo.
0 coins
Ava Harris
AuthorWait, I've been holding off on requesting payment because I figured there was no point until adjudication finished. I should go do that right now?
0 coins
Natalie Chen
Yes, do it immediately. The request dates are on the instructions letter TWC mailed you after you applied. Don't wait another day on this.
0 coins
Santiago Martinez
This is the part that gets so many people. They assume a pending claim means payments are paused. The requests and the determination run on separate tracks.
0 coins
Ava Harris
AuthorJust submitted my payment request. I had no idea these were on a separate schedule. Really glad I caught this.
0 coins
Samantha Johnson
The work search requirement is real and starts right away too. You need to register on WorkInTexas.com and do the number of job search activities your county requires each week. TWC mails you a letter with your specific number, so watch for that. Keep a log of everything, every application, every contact, every job fair, because TWC can ask for it without warning.
0 coins
Nick Kravitz
How strict is strict? Like if I apply to three jobs instead of the required number one week, is that automatic disqualification?
0 coins
Samantha Johnson
Falling short in a given week means you might not be paid for that week. It's not a one-strike you're out situation for the whole claim, but it does affect individual weeks. The number varies by county, Harris, Dallas, Bexar, Tarrant and Travis all require five activities a week.
0 coins
Ava Harris
AuthorI'm in Harris County so five a week. That's more than I expected honestly.
0 coins
Hannah White
My firing was also labeled performance and I was terrified I wouldn't qualify. TWC approved my claim after about four weeks total. The determination letter explained that my employer couldn't show my performance problems amounted to misconduct. It was such a relief because those four weeks felt like forever.
0 coins
Ava Harris
AuthorFour weeks is a long time to wait but hearing it turned out okay helps. Did they contact you at all during those four weeks or just radio silence until the letter?
0 coins
Hannah White
Complete radio silence until the letter showed up. I called twice and both times got disconnected before reaching anyone. The letter just appeared one day.
0 coins
Michael Green
The disconnect problem is so real. I've spent probably four hours total on hold across multiple attempts and reached an actual agent maybe once.
0 coins
Mateo Silva
To directly answer the original question here: getting fired doesn't automatically disqualify you. The key is what you got fired for. If the reason amounts to misconduct, you won't qualify. If it's something short of that, like poor performance without deliberate rule-breaking or neglect, you likely can. TWC hears from both you and your employer and makes a call based on what both sides say. Having six years with no prior issues works in your favor because it speaks to your overall conduct there.
0 coins
Ava Harris
AuthorThis framing really helps. So my job is basically to explain my side accurately and let TWC weigh it, not to try to spin anything.
0 coins
Mateo Silva
Exactly. Be straightforward and specific about what happened. If the new manager created unrealistic targets or changed expectations without proper training, say that plainly.
0 coins
Victoria Jones
The honest account approach really does seem to work better than trying to game the narrative. TWC asks very specific questions and inconsistency stands out.
0 coins
Cameron Black
What counts as misconduct confused me for a while. It's things like breaking the company's rules deliberately, doing something illegal, ignoring your responsibilities when you're fully capable of handling them. It's not just doing your job badly if you're genuinely trying. The difference matters a lot and TWC is pretty specific about drawing that line.
0 coins
Daniela Rossi
I'd heard that poor performance can never be misconduct no matter what. Is that actually right?
0 coins
Cameron Black
Not quite. The honest answer is that if someone completely ignores their job duties when they know what's expected and are capable of doing it, that can cross into misconduct territory. It's not a hard rule that performance can never count. The question is whether there was genuine effort or deliberate neglect.
0 coins
Ava Harris
AuthorMy situation was definitely not deliberate anything. I was struggling with the new manager's style and expectations but I was showing up every day and trying.
0 coins
Jessica Nguyen
The waiting week thing confused me when I first filed. TWC holds your first payable week until you've received payments equal to twice your weekly amount AND you either go back to full-time work or use all your benefits. It's not just automatically paid after a certain number of payments. Both conditions have to be met.
0 coins
Nick Kravitz
So that first week is never actually paid out until way later? That seems like a lot to hold.
0 coins
Jessica Nguyen
Right, it comes at the end basically. If you exhaust your benefits you get it then. If you go back to full-time work before that you can request it through UBS or Tele-Serv.
0 coins
Ava Harris
AuthorThat's a weird system but at least it's not lost forever, just delayed.
0 coins
Isaiah Thompson
When my claim was stuck in adjudication I made the mistake of calling too early in the morning and sitting on hold for an hour before getting cut off. If you do try to call, the TWC Tele-Center number is 800-939-6631. Some people have better luck at different times of day but honestly it's a bit of a lottery.
0 coins
Elijah Brown
I used Claimyr to get through to someone at TWC last week. Needed to verify that my employer's response had come in and ask a question about how earnings from a side gig I had during my last week should be reported. The agent walked me through exactly how to handle it.
0 coins
Isaiah Thompson
That's genuinely useful. The uncertainty about how to report different income types is real and not always clear from the website.
0 coins
Ava Harris
AuthorThe side gig question is relevant to me too actually. I did a couple days of delivery driving the week before I filed.
0 coins
Maria Gonzalez
Delivery driving income needs to be reported as self-employment on your payment requests. You report net profit for that week. It doesn't necessarily disqualify you but you have to report it honestly every time. TWC asks about it on every payment request.
0 coins
Ava Harris
AuthorGood to know. It was just two days worth, maybe $180 net. So I report that and it reduces my benefit amount for that week?
0 coins
Maria Gonzalez
Depending on your weekly benefit amount it might reduce it or might not. If what you earned was under 25 percent of your weekly amount there's no reduction. Above that threshold the overage gets subtracted from your payment for that week.
0 coins
Ryan Kim
The 25 percent rule is easy to miss. A lot of people think any earnings just wipe out that week entirely and don't bother reporting small amounts. That's the wrong call.
0 coins
Zoe Walker
Something I've noticed in this thread, a few people are using adjudication and appeal like they mean the same thing. They don't. Adjudication is what happens while TWC investigates and reviews your initial claim, before any determination is made. An appeal is what you file after a determination comes out that you disagree with. Two different stages, two different processes.
0 coins
Daniela Rossi
I honestly thought adjudication was what you go through after you lose an appeal. Good to know I had that backwards.
0 coins
Zoe Walker
Totally common mix-up. Adjudication is earlier in the process, appeal comes after the determination letter.
0 coins
Ava Harris
AuthorI was using them interchangeably in my head too. So right now I'm in adjudication waiting for a determination, and if I don't like that determination I'd then have 14 days to file an appeal in writing.
0 coins
Zoe Walker
That's exactly right. The 14 days runs from the date printed at the top of the determination letter, not from when you receive it, so read that carefully.
0 coins
Michael Green
Appeals can feel intimidating but they're a real option if the determination goes against you. It's a phone hearing with a Hearing Officer and you don't need a lawyer. You just tell your side, they hear from the employer, and the officer decides based on what's presented. The process takes a while but it's worth pursuing if you believe the determination was wrong.
0 coins
Ava Harris
AuthorHow long does an appeal typically take? Like are we talking weeks or months?
0 coins
Michael Green
The hearing packet alone can take six to eight weeks to arrive after you file the appeal. Then it gets mailed to you five to ten days before the actual hearing date. So yes, it can stretch out. Keep making your payment requests throughout the whole process regardless of where the appeal stands.
0 coins
Victoria Jones
The keep requesting payments rule during appeals is one of those things that isn't obvious at all. People stop because they think there's no point. But if you win the appeal and you haven't been requesting, those weeks are gone.
0 coins
Santiago Martinez
My former employer flat out lied in their response to TWC about why I was fired. I was able to submit my own documentation to counter what they said. Performance reviews, emails from the manager, attendance records. It didn't flip the outcome at the initial determination but it helped a lot at the appeal hearing.
0 coins
Ava Harris
AuthorThis is making me want to gather every document I still have access to. I should probably do that before my work email access gets cut off.
0 coins
Santiago Martinez
Yes do it immediately. Work emails, any performance documents you have copies of, messages from your manager. Once your access is gone it's gone.
0 coins
Emily Thompson
Screenshots of anything in writing from that new manager would be particularly useful given the situation described. The pattern of a new manager and sudden performance issues is exactly the kind of context that matters.
0 coins
Victoria Jones
Just to close the loop on something from earlier in the thread: the base period for figuring out your weekly benefit amount is usually the first four of the last five completed calendar quarters before you filed. So if you filed recently, we're talking roughly mid-2025 through mid-2026. Your highest earning quarter in that period gets divided by 25 to get your weekly amount.
0 coins
Ava Harris
AuthorThat's helpful context. My earnings were pretty consistent across those quarters so I think I have a decent idea what to expect if I'm approved.
0 coins
Victoria Jones
The max is $619 a week right now for new claims. And the total you can collect is capped at either 26 times your weekly amount or 27 percent of your total base period wages, whichever is less.
0 coins
Jacob Lee
The 26 week cap is worth noting. That's the standard limit and Texas doesn't extend it based on the state unemployment rate unless it crosses a pretty high threshold that it isn't near right now.
0 coins
Nick Kravitz
My cousin told me that if your employer says you were fired for cause, TWC automatically sides with the employer. That doesn't sound right to me based on what people are saying in this thread.
0 coins
Mateo Silva
Your cousin has that wrong. TWC makes its own independent determination based on what both sides tell it. The employer saying 'for cause' doesn't end the inquiry, it starts it. TWC looks at whether the actual reason meets the definition of misconduct. Many people get approved after their employer contests their claim.
0 coins
Nick Kravitz
That's a relief. My cousin went through this years ago and had a bad experience so I think he just assumes the worst.
0 coins
Samantha Johnson
Bad experiences from even a few years ago don't always reflect how the process works now. The online systems have changed a fair amount and the claims process is more documented than it used to be.
0 coins
Ryan Kim
Claimyr also helped me sort out a question about my severance. I needed to know whether I had to report it on my payment requests and what TWC would do with it. The agent explained that severance does need to be reported and that TWC mails a determination on it. I'd been worried I was doing something wrong by not knowing the answer.
0 coins
Ava Harris
AuthorI didn't get any severance so that particular issue isn't mine, but good to know it has to be reported. I wouldn't have thought to ask about it.
0 coins
Ryan Kim
Honestly that call cleared up three different questions I'd been sitting on. Having an actual person answer beats refreshing the TWC website.
0 coins
Emily Thompson
For the person asking about the original question at the top: yes you can collect when you get fired, the determining factor is whether the reason TWC ends up accepting rises to the level of actual misconduct. Performance problems without deliberate behavior or rule violations generally don't. The adjudication process exists specifically to work this out, so you're not in a hopeless position just because the paperwork says performance.
0 coins
Ava Harris
AuthorThis whole thread has been really reassuring. Going in I thought getting fired meant automatic disqualification and now I understand it's a lot more nuanced than that.
0 coins
Emily Thompson
Keep making your payment requests, keep your work search log current, gather your documentation, and wait for the determination. You're doing the right things.
0 coins
Sophie Hernandez
The documentation point can't be overstated. Even if you don't end up needing it for adjudication you'd want it if an appeal becomes necessary.
0 coins
Daniela Rossi
Quick thing about the ReliaCard: if you get approved, your first payment takes a bit because they mail the debit card within 10 business days of the first payment posting. After that it's faster, usually two business days after each payment request processes. Worth knowing so you're not panicking when the money doesn't appear instantly.
0 coins
Ava Harris
AuthorI had no idea about the card mailing timeline. That's actually important to plan around.
0 coins
Daniela Rossi
You can also set up direct deposit instead of using the card if you'd rather have it go straight to your bank account. That option is in UBS.
0 coins
Jessica Nguyen
Direct deposit is faster in my experience and you don't have to worry about where the card is. Worth switching if you haven't already.
0 coins