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Logan Scott

Will I get unemployment if I was fired from my job in Texas?

So I got let go from my warehouse job last Friday and I'm trying to figure out where I stand with Texas TWC. My supervisor said I was being terminated for 'performance issues' but honestly the situation is more complicated than that. I had one incident where I loaded the wrong product onto a truck because the labels on the shelves had been moved around, and suddenly I'm out of a job after four years. No writeups, no warnings, nothing in my file that I ever saw. I went ahead and filed my claim on UBS the same day I got fired, but now I'm just sitting here wondering if that's even going to matter. Does getting fired automatically disqualify you from collecting unemployment benefits in Texas? I keep reading contradictory stuff online and I'm going stressed out waiting.

Getting fired doesn't automatically knock you out of unemployment benefits. What Texas TWC looks at is whether you were fired for what they call misconduct. If you just made a mistake, didn't have the skills for something, or the job wasn't the right fit, that's very different from willfully breaking the rules or neglecting your responsibilities. Performance issues alone don't automatically equal misconduct in TWC's view. That said, TWC will contact your former employer and ask for their side of things, and your employer has 14 days to respond. After that, it typically takes about four weeks total before TWC mails you a determination. Keep requesting your payments during that whole waiting period without skipping a week.

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The 14-day window for the employer to respond, does TWC wait the full 14 days before they even start looking at the case? I filed on Saturday but they said the claim week starts on Sunday so I'm already confused about timing.

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TWC opens the claim on the Sunday of the week you filed, so your effective date is that Sunday. The employer has 14 days from when TWC mails them the notice, and then the review process starts. The four-week estimate for a decision kind of includes all of that. File your payment request when UBS tells you to, don't wait around for the determination letter first.

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The part about keeping up with payment requests is huge. A lot of people stop filing because they think they have to wait for a decision and then they miss weeks they could have been paid for. Keep filing no matter what.

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My brother got fired last spring from a logistics job for something similar, a picking error that caused a shipment problem, and he was approved for benefits. He used Claimyr to actually get through to a live Texas TWC agent on the phone because he had specific questions about how his termination was going to be categorized and whether he needed to submit anything extra. The agent walked him through what his employer had reported and what documents he should have ready. You can check it out at claimyr.com and there's a video demo at https://youtu.be/V-IMvH88P1U that shows how it works, basically it handles the hold time for you and connects you when a real person picks up. Knowing exactly what TWC had on file made a huge difference for his case.

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That's actually the kind of thing I've been wanting to do, just talk to someone and find out what my employer actually reported. I'll check that out.

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Waiting on hold for TWC is brutal, sometimes I've been on hold for over an hour and then it just disconnects. Anything that cuts through that is worth trying.

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My employer and I had completely different stories about why I was let go and I always wondered if I could have found out sooner what they told TWC. Would have changed how I handled my appeal probably.

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Okay so here's the thing that tripped me up when I got fired two years ago. I kept confusing the word 'adjudication' with 'appeal' and I thought adjudication meant I had already lost and needed to fight it. These are different things. Adjudication just means TWC is still looking at your case, figuring out whether there's an eligibility issue, it hasn't been decided yet. An appeal is what you file AFTER they mail you a determination and you disagree with it. If your status says adjudication that's normal, it doesn't mean bad news yet.

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Okay thank you for explaining that because I 100% would have panicked seeing that word. So adjudication just means they're reviewing it, not that something went wrong?

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Exactly, it just means they're working through your case. You'll get a mailed determination letter when they've made a call, and that's the one that matters.

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So many people freak out about adjudication status when it's really just the normal review process. The only time to really worry is if you get a 'cannot pay' determination in the mail.

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Yep. I had three separate determination letters for my claim and two said can pay and one said cannot pay, and that one cannot pay one was what mattered for my situation. The letters explain the specific issue.

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Four years at a warehouse job with no writeups and they fire you over one mislabeled shelf situation? That is a rough way to go. TWC is going to look at your whole work history there and the circumstances around that one incident. Document everything you remember about it now while it's fresh, like who moved those shelf labels, whether anyone else was around, whether supervisors knew about the labeling issue. You can't submit random documents to TWC but if this goes to an appeal hearing, that kind of detail matters enormously.

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I actually texted a coworker who saw the shelf situation and they confirmed the labels had been wrong for days before my incident. I didn't know I might need that kind of documentation but I'm saving everything now.

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Smart move. Appeal hearings are over the phone and the Hearing Officer only considers what you actually present. Having a witness or records that show the labeling problem existed before your incident is exactly the kind of thing that can shift how the situation looks.

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The timeline thing is so important. If the problem existed before you were involved, that changes the whole picture of whether it was your fault.

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Something I keep seeing people get wrong on these forums is thinking that poor performance automatically can't be misconduct. That's not exactly right. Texas TWC's examples of misconduct include things like failing to do the work adequately when you were actually capable of doing it. So if your employer argues you were capable of doing the job correctly and repeatedly failed to, that could potentially be a problem. That's different from your situation where you had a labeled shelf situation that wasn't your fault, but it's worth knowing the actual standard so you're not blindsided.

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This is a fair correction and yes the nuance matters. Inability or a genuine mistake is different from being capable of the work and repeatedly neglecting it anyway. What the original poster described sounds more like a one-time error caused by a workplace condition, not a pattern of neglect.

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This is making me more anxious but also more prepared. I genuinely didn't know about that distinction. My situation was one incident, not a pattern, and the conditions weren't something I controlled.

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One incident, no prior writeups, and a contributing workplace condition is a very different profile than what TWC typically treats as misconduct. Just wanted to flag the full picture so you're informed going in.

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Work search requirements start the week after you apply and they don't pause while your case is in adjudication. Texas TWC mails each claimant a letter saying how many activities are required per week in their county, and you need to log all of them because TWC can ask for that log at any time. Keep a record of every application, every employer contact, every interview.

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Wait, so I have to be doing job search activities even before I know if I'm approved? I haven't started yet because I thought I'd wait for the determination.

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Yes, the requirement starts right away. You need to do the required number of activities every week from the start. The number depends on your county, it's in the letter TWC mails you, so check your mail. And keep a log with the employer name, job title, how you applied, and the date.

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This is not obvious at all from the website. So many people wait to hear back and then find out they should have been doing work search activities the whole time.

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My claim got approved after a firing last fall and I work in a totally different industry, wasn't a warehouse situation at all, but the basic thing that helped was writing out a clear account of exactly what happened from my perspective before I had to talk to anyone at TWC. Having the details organized meant I wasn't fumbling when they asked questions.

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That's a good practical tip. I've been sort of replaying it in my head but writing it out is probably smarter.

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Even bullet points help. Dates, what happened, who was involved, what was said. It's easy to mix up details when you're stressed and someone is asking you questions on the phone.

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Just want to clear something up I saw implied a couple posts back. The waiting week in Texas doesn't just pay out automatically after two payments. You have to meet two conditions together: you receive payments totaling at least twice your weekly benefit amount AND you either return to full-time work or use all your benefits. It's not just about the number of payments alone.

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This is accurate and worth emphasizing. If you go back to full-time work, you also have to actually request your waiting week through UBS or Tele-Serv, it doesn't release itself automatically.

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Okay that's new information for me. So if I do get approved and go back to work before exhausting benefits, I have to request the waiting week? I would never have known to do that.

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Exactly right. There's a specific option in UBS to request it, or you can do it through Tele-Serv. Don't just assume it'll come through on its own.

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My whole claim process was a mess because I kept waiting for phone calls from TWC that never came and I didn't realize they mostly communicate through mailed letters and your UBS account. If you haven't set up UBS and confirmed your mailing address is current, do it right now. Everything important goes to your address on file.

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I did confirm my address when I applied but I should double-check it. I moved about six months ago and I'm hoping the address I entered was my new one.

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Log back into UBS and verify it shows your current address. Missing a determination letter because it went to an old address is a painful way to find out there was an issue.

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Also check your UBS account directly too, there's status info there that sometimes shows up before the letter arrives.

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Does anyone know if you're supposed to report the severance pay they offered you? My company gave me two weeks of pay when they let me go and I'm not sure if that affects the benefits timeline.

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Severance needs to be reported, yes. When you apply you're supposed to disclose it, and your payment requests will also ask about other income. TWC mails a decision on how your specific severance affects your benefits because it depends on the type of severance. Don't skip reporting it.

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The original poster should know this applies to them too if there was any kind of severance offered. Underreporting income or other payments can create overpayment issues later that are very hard to undo, TWC can't forgive or dismiss overpayments even if the error wasn't intentional.

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Okay I'll definitely report it. I didn't realize there was a formal decision process for it, I thought it was a simple deduction.

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My situation involved a firing over a workplace accident too and I want to say that the gap between applying and hearing anything felt endless. I refreshed UBS like five times a day. Eventually my claim was approved but the wait was brutal. Try to check once a day, TWC updates overnight, and obsessively refreshing doesn't make it go faster, though I totally understand the impulse.

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I've already been doing exactly that. Refreshing constantly. At least hearing it doesn't help makes me feel less alone in doing it.

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TWC checks once a day in UBS or through Tele-Serv at 800-558-8321 is the official guidance. That's the rhythm to follow even if it's hard.

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TWC mailed me my determination letter about four weeks after I filed last year, that timeline is pretty accurate for firings. The letter will say either 'eligible' or it'll lay out a specific disqualification reason. If it says you're disqualified, you have 14 calendar days from the date at the top of that letter to file an appeal in writing through UBS. Missing that window is a real problem so the second that letter lands, deal with it.

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14 calendar days from the date at the top of the letter, not the date I receive it. Got it. That's a tighter window than I expected.

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Yes, the date it was mailed, not when it shows up in your mailbox. So if the mail is slow and you don't see it for several days, your window is already shrinking. Checking UBS daily means you sometimes see status updates before the physical letter arrives.

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I used claimyr.com during my appeal period specifically because I wanted to know if my appeal had been received and whether the hearing date had been set. Got through to an agent who confirmed everything was in the system correctly.

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The appeal hearing process is a phone call with a Hearing Officer, not an in-person thing. You get mailed a hearing packet but it can take six to eight weeks to come and then it arrives five to ten days before the actual hearing. After the hearing the written decision usually shows up within about five to ten working days. No lawyer is required, lots of people represent themselves.

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This is good to know in advance even if I'm hoping I won't need it. The timeline for the hearing packet is pretty long though.

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It is a long wait, honestly. But keep requesting payment the entire time you're appealing. TWC only pays weeks that you requested on time regardless of what your appeal is doing.

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The whole thing can easily stretch out several months when you add it all up. Having everything documented from the start is the best thing you can do.

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Something that messed me up was not knowing my work search activity count before my first payment request. I live in Harris County and it turned out I needed to log five activities a week. Someone I know in a smaller county only needed three. The letter TWC mails you tells you your specific number, it varies by county and that's what you're held to.

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Harris, Dallas, Bexar, Tarrant, Travis are the high-activity counties right? I'm in Tarrant so I should expect five too.

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That's the right list for the five-activity counties. But your letter from TWC is the actual official word on your requirement, use that.

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Exactly, the letter is what counts. Don't go by what someone on a forum says your county requires, go by what TWC mails you specifically.

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About the WorkInTexas.com registration requirement, that's not optional. You have to create an account there and register as a job seeker as part of your unemployment claim obligations. It uses the same login as UBS which helps, but you need to actually be registered there, not just have a UBS account.

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I did not know they were connected. So same username and password for both UBS and WorkInTexas.com?

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Yes, same User ID and password, but every time you log in you get a one-time verification code too. It's linked, but WorkInTexas.com has its own job search and registration functions that are separate from your payment requests.

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Just make sure you actually complete the registration on WorkInTexas.com as a job seeker. Having the same login doesn't mean you're automatically registered as an active job seeker on that platform.

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My ex-coworker got his claim denied after a firing and the reason in his letter was vague enough that he wasn't sure how to appeal it. His big mistake was waiting too long to actually read the letter carefully. TWC writes out the specific reason for the determination and the appeals window is in there too. Read every single word on that letter the day it arrives.

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Okay I'm going to be very careful about that. What did he end up doing?

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He filed a written appeal in UBS just inside the 14-day window, included his own account of what happened, and the hearing officer reversed the decision. It took a few months total but he did get benefits eventually.

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This is a good example of why keeping records from day one matters. Having a coherent written account of events ready made his appeal much more effective than if he'd tried to reconstruct everything from memory two months later.

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About the base period and whether you even qualify, your weekly benefit amount comes from your highest-earning quarter during the base period, divided by 25, with a range of $76 to $619 for new claims right now. With four years at a warehouse job you almost certainly have enough wages to qualify on the monetary side, the question is really just the separation issue. The two parts of eligibility are separate and you can clear one while the other is still being reviewed.

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So I could get a 'can pay' determination on the money side and a separate one on the firing situation? They're two different determinations?

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Yes, TWC issues separate determination letters for each issue. If any single one comes back as 'cannot pay' that blocks benefits even if the others say you're eligible. So you'd want clean determinations on both.

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This is exactly right and something people miss. Getting one good determination doesn't mean everything is resolved. Watch for every piece of mail from TWC and read each letter individually.

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I used claimyr.com to get through to TWC when my claim got stuck and I needed to ask about an employer response that seemed wrong. The agent I reached confirmed what TWC had on file and told me exactly which form I'd need to look at. Getting that one specific answer saved me a lot of guessing.

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Knowing what your employer actually reported sounds like it would change how you prepare. That's exactly what I'm worried about, not knowing what version of events TWC has.

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Finding out what's actually in your file versus what you assumed is in there is worth a lot. I didn't know you could just call and ask that.

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For what it's worth, four weeks with no writeups and a single incident caused by a shelf labeling problem that wasn't your doing is a pretty sympathetic set of facts. I'm not saying TWC is definitely going to approve you, nobody can promise that, but the factors that typically go against claimants in misconduct cases are things like repeated violations, written warnings, and clear intentional behavior. What you described doesn't sound like any of those.

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That's actually reassuring to hear laid out that way. I've been catastrophizing but the facts of my situation aren't the worst case scenario.

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The determination will come when it comes, but staying on top of your payment requests and work search activities in the meantime is the most useful thing to do right now. You can't control the timeline but you can control whether you've done everything required.

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Exactly. Do the work search activities, keep the log, file every payment request on time, and make sure your mailing address in UBS is correct. That's what's in your control.

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