Will 60-day layoff notice affect my TWC unemployment eligibility?
My employer just gave me a 60-day notice that I'll be laid off if I can't find another position within the company. I'm trying my best to find something else, but the job market is really tough right now. I'm worried this is just their strategy to avoid paying unemployment benefits. If I search but don't find anything during this 60-day period, can they use that against me when I file for TWC benefits? Like will they tell TWC I had plenty of time to find work but failed? I've been with this company for 3 years and this feels like they're setting me up to be denied benefits. Has anyone dealt with this kind of advance layoff notice situation?
22 comments


Ava Johnson
This is actually a common situation and good news - the 60-day notice won't hurt your unemployment claim at all. Texas is an at-will employment state, and if you're laid off due to lack of work or position elimination, you qualify for benefits regardless of any notice period. The company is likely giving you notice to comply with WARN Act requirements (if they're a larger employer) or just as a professional courtesy. Keep documentation of the official layoff notice and any communication about your position being eliminated. When you file with TWC, make sure to accurately state that you were laid off due to lack of work/position elimination.
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ElectricDreamer
Thank you so much! That's a relief. Do you think I should still be applying for jobs outside the company during this 60-day period? I'm worried if I turn down any job offers during this time, it might affect my claim later.
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Miguel Diaz
the same thing happned to me last year!! my company gave me 45 days notice and i was freaking out too. but guess what?? i still got my unemplyment benefits no problem. the TWC doesnt care about the notice period, they only care if you were fired for misconduct or quit without good reason. as long as its a legit layoff your good!!
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Zainab Ahmed
I think your company is trying to trick you into quitting so they don't have to pay unemployment!!! This is a CLASSIC corporate tactic. They give you
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Ava Johnson
While it's definitely important not to quit, I don't think most companies are being malicious with advance notice. Many are legally required to provide notice for layoffs, and others do it as a courtesy. But you're absolutely right that quitting before the official layoff date could impact benefits eligibility.
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Connor Byrne
The 60-day notice is actually beneficial for you. It gives you time to prepare financially and look for work while still receiving a paycheck. For your TWC application, make sure you have the following ready:\n\n1. The official layoff notice (email or letter) showing the planned separation date\n2. Your last pay stub after being laid off\n3. Documentation of your work search efforts during and after the notice period\n\nWhen filing, be precise about the separation reason - it should be \
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Yara Abboud
My brother-in-law had something similar happen at his accounting firm. They gave him 30 days notice and he was worried about the same thing. He ended up finding a job right at the end of his notice period, but his coworker who got laid off had no problems getting unemployment. I think companies just do this so they don't have everyone walking out the door immediately when they announce layoffs.
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PixelPioneer
Just want to add that the TWC has a specific rule about this - getting advance notice of a layoff does NOT disqualify you from benefits. The important thing is the final reason for separation. If you're ultimately laid off due to lack of work, you qualify regardless of any notice period. \n\nFYI - during your notice period, you should definitely be job searching and documenting everything. If you do file for unemployment, TWC will want to see that you've been actively looking for work. The standard requirement is 3 work search activities per week.
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ElectricDreamer
That's helpful. I've been keeping a spreadsheet of all my applications. If I apply to jobs that pay less than what I'm making now, could that hurt my claim?
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PixelPioneer
Applying to lower-paying jobs won't hurt your claim at all. In fact, after being on unemployment for a while, you might be required to consider jobs that pay less than your previous position. Just keep documenting everything!
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Keisha Williams
I was in this exact situation in January. My company gave 90 days notice for layoffs! I couldn't find anything internally so ended up filing for unemployment. When I tried calling TWC to ask about this specific situation, I kept getting busy signals for DAYS. \n\nI finally used a service called Claimyr (claimyr.com) that 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. The agent confirmed that advance notice doesn't affect eligibility at all as long as you're ultimately laid off.\n\nJust make sure you don't accidentally resign or accept a severance package without understanding the terms, as those things CAN affect your benefits.
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ElectricDreamer
Thanks for the tip! If they do offer me severance, what should I watch out for? I hadn't even thought about that possibly affecting my unemployment.
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Keisha Williams
Be careful with severance agreements! Some have language saying you're \
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Miguel Diaz
also make sure your keeping all the emails about the layoff!! my friend deleted the notice email and had a hard time proving it was really a layoff. the more proof u have the better when dealing with TWC!!!
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Connor Byrne
One more important note: While you're still employed during this 60-day period, you're not eligible to receive unemployment benefits. Your eligibility begins after your actual separation date. However, you should file your initial claim as soon as possible after your last day of work. In Texas, there's a one-week waiting period before benefits start, and any delay in filing can mean lost benefits that you won't recover later.
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ElectricDreamer
That makes sense. I'll make sure to file right away after my last day. At what point should I set up my TWC account? Can I do that now or should I wait until I'm actually laid off?
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Connor Byrne
You can create your TWC account anytime at ui.texasworkforce.org, but you shouldn't submit an actual claim until after your last day of work. Having the account set up ahead of time will make the process faster when you need to file. Also start gathering documents like your last 18 months of employment history (company names, addresses, employment dates).
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Paolo Rizzo
I had a 30 day notice before my layoff and I totally understand your anxiety! One thing no one mentioned yet - if your company has HR, talk to them directly about this. My HR person was actually super helpful and gave me a letter specifically stating I was being laid off due to position elimination, which made my TWC claim super smooth. Worth asking!
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Chloe Anderson
I went through this exact situation last year with a 45-day notice from my employer. I was terrified they were trying to set me up to fail, but it turned out to be completely fine. The advance notice actually worked in my favor - I had time to organize all my documents, research the TWC process, and even start networking while still getting paid. The key thing I learned is that TWC only cares about your final separation reason, not how much notice you got. Since you're being laid off due to lack of available positions (not performance or misconduct), you'll qualify for benefits regardless of the 60-day timeframe. My advice: Use this time wisely. Keep applying for jobs (both internal and external), document everything, and don't let them pressure you into quitting early. The worst thing you could do is resign before your official layoff date. Stay strong - you've got this!
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Giovanni Ricci
•@Chloe Anderson This is such reassuring advice! I really appreciate you sharing your experience. You re'right that I should use this time wisely rather than just worrying about it. Did you end up finding something during your 45-day period, or did you go through with filing for unemployment? I m'curious how the networking aspect worked out for you - I ve'been hesitant to tell people about the layoff since it feels like admitting defeat somehow.
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PixelWarrior
•@Giovanni Ricci I totally get that feeling! I actually didn t'find anything during my 45-day period, so I did end up filing for unemployment. But the networking was surprisingly helpful - I reached out to former colleagues and industry contacts, and most people were really understanding. Layoffs are so common these days that it s'not seen as a personal failure. I framed it as my "position is being eliminated due to restructuring rather" than focusing on being laid off. A few people even gave me leads on openings at their companies. Don t'think of it as admitting defeat - think of it as being proactive about your career transition!
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Peyton Clarke
I'm dealing with a similar situation right now - got my 60-day notice three weeks ago and have been stressing about it constantly. Reading everyone's responses here has been incredibly helpful and reassuring. One thing I wanted to add that might help you: I spoke with my union rep (if you have one) and they confirmed that advance layoff notices are actually required by law in many cases, especially for larger companies doing mass layoffs. It's not a trick - it's compliance. Also, something that helped me mentally was reframing this whole situation. Instead of seeing it as "60 days to find a job or else," I'm treating it as "60 days of paid time to prepare for my next chapter while having a safety net lined up." The unemployment benefits will be there if you need them, and that's exactly what they're designed for. You've been paying into this system for years - don't feel guilty about using it if necessary. Keep documenting everything, keep applying, and try not to let the anxiety consume you. We've got this!
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