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I thought they could only deny you unemployment for something like "gross negligence" or some type of major screw up. You'll get an actual "hearing". Do you have a coworker/former coworker who would testify on your behalf?

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I don't think you can get unemployment if you were terminated for any cause.

Only termination that is not a result of anything you did, or didn't do, like a RIF, or the company goes under

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Believe me, TX Employment Commission will deny unemployment compensation at the drop of a hat. I was denied because I had not earned enough money three quarter previous to when I was terminated. It didn't matter that I had worked for seven months prior to being laid off. I appealed. They denied. I appealed again, was denied again. So there ya go. They suck.

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Believe me, TX Employment Commission will deny unemployment compensation at the drop of a hat. I was denied because I had not earned enough money three quarter previous to when I was terminated. It didn't matter that I had worked for seven months prior to being laid off. I appealed. They denied. I appealed again, was denied again. So there ya go. They suck.

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They also suck for employers.  We lost on 2nd appeal after the former employee LIED under oath to a judge about what he said to the employment commission.  Apparently, if you lie you get bennies.

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This is why they will win.

2. Your separation from your last work

You must be unemployed or partially unemployed through no fault of your own to receive benefits. You should be prepared to present evidence that you tried to correct the problem before you quit.

Examples of qualifying reasons are:

You were laid off due to lack of work.
You are still working but the employer reduced your hours. (Your reduction in hours must not be the result of a disciplinary action.)
You were fired without work-related misconduct. Examples of misconduct are a violation of company policy; violation of law; neglect or mismanagement of your position; or failure to perform your work acceptably if you are capable of doing so.
You quit your job for a good well-documented work-related or medical reason. TWC may rule good cause if the work situation would cause a person who truly wants to keep the job to leave it.
Examples of possible good cause are unsafe working conditions or a significant change in hiring agreement, or not receiving payment for your work.
Examples of medical reasons are quitting on your doctor's advice, or quitting to care for a minor child, or quitting to care for a terminally ill spouse if there is no alternative care provider.
You quit to protect yourself from family violence or stalking, evidenced by an active or recently issued protective order, a police record documenting family violence or stalking directed against you, or medical documentation of family violence against you.

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I was fired for cause and the former employer denied my claim so TWC denied my claim and I called in for my hearing and the employer didn't so the arbitrator ruled on my side and they paid my claim. Just stick to your guns and request the hearing and you will probably win.

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Employers don't approve or deny claims.  They respond to the notice sent by TWC and answer the questions asked.  Failing to attend the hearing (even a phone hearing) can result in a default decision.

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I just had a phone hearing last friday I was there but the employer was not. Now they 14 days and another phone hearing. The employer did not supply information to TWC when they first denied my claim. They have failed three times to provide information to the TWC. I am getting my benifits so I continue to play the game. I would think that if they do not show for the next hearing. They are through trying to stop my claim.

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well actually they receive a phone call first followed by a letter in the mail. But they do deny claims. The state makes the final decision.

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The last thing you ever want is your word against anyone else's.  EVIDENCE is what you need.  What kind of termination notice were you given. If it was in writing and it says anything other than you were terminated for conduct, your claim is valid.  If you did not receive written termination notice, do you have any type of previous performance evaluations, customer evaluations, or anything like that?  Were multiple workers fired within a short period of time?  If so, a list of their names is what need.  Did your previous employer have an appeals process and did you follow that?  If so, do you have documentation from it?



I've been through this from both sides, but it has been a few years. If the laws have not changed, here is how it works.

If you were fired due to conduct, negligence, or non-performance on your part, the employer can request the claim be denied, or they can just allow you to collect.  This varies a lot company to company.   In Texas, most (maybe all) private employers pay an unemployment premium based on payroll cost.  The premium is determined by their claim history...so it is in their interest to keep the number of successful claims to a minimum.  Government, schools, and some others are called "reimbursing employers"; which means they actually reimburse the state for every check paid out to a former employee.

The telephone hearing are often considered to be very one sided because the ex employee frequently provides no documentation at all,  while the employer provides a termination notice. Every case I was involved in simply boiled down to which side had the supporting documentation.

There are even cases where you can quit a job and still collect benefits.  I did this back in 1990 , but it took having my ducks in a row and that included lots of documentation.  My job responsibilities, scope, and reporting structure were changed significantly against my wishes. You can bet my previous employer tried to have the claim denied, but when my documentation was faxed in for the hearing, it was wham bamm, thank you mam and please send this guy his check.  And they did pay the back period while the hearing and appeals were going on.

If you feel you really were fired without cause, IM me and I will provide more details on how I got the system to work for me and how not to loose eligibility while appealing.


Official disclaimer: I am not a lawyer, do not play one on TV and did not stay in a Holiday Inn last night. YMMV.

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I  retid to get unemployment once.  Got denied cuz I was insubordinate.  Said "fuck yerself after i was fired.  fukkem.  I opened my own shop.

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Who is "they"?  We do not receive phone calls until hearings or if they need clarification to a written response.  We always receive a claim notice in the mail.  We respond with the facts.  It is not our decision to approve or deny. There is no space to "approve" or "deny" the claim.  The TWC makes the only decision.  

And we don't pay the person if the claim is approved.  The state does.  We pay an unemployement tax and the rate is based on paid claims.

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I found another job. It's a great job with excellent pay and benefits.