You can get unemployment in Texas after being fired, but only if you were fired for reasons that are not your fault
Texas unemployment law distinguishes between two kinds of firing. If you were fired for misconduct—meaning you deliberately broke a rule, ignored a direct instruction, or acted recklessly—you will not receive benefits. If you were fired for poor performance, inability to do the job, or any reason that was not deliberate wrongdoing on your part, you can file and may receive benefits. The Texas Workforce Commission (TWC) makes this decision, not your employer.
The key word is willful. Texas law says you lose benefits only if you were fired for willful or negligent disregard of your employer's interests. That means the firing had to stem from something you chose to do or chose not to do, knowing it violated company policy or your job duties. Being slow at your job, making honest mistakes, or not being a good fit are not misconduct under Texas law.
Key Takeaways
- You can file for unemployment in Texas even after being fired, as long as the firing was not for willful misconduct or deliberate rule-breaking.
- Poor performance, inability to learn the job, and personality conflicts do not disqualify you, even if your employer says they do.
- Your employer will be asked why they fired you, and the TWC will decide whether that reason counts as misconduct under Texas law.
- File as soon as possible after being fired; Texas has a one-year time limit to file a claim, but waiting longer makes it harder to gather evidence and witness statements.
What counts as misconduct that disqualifies you
Misconduct in Texas unemployment law has a specific meaning. It is not just "doing something wrong"—it is doing something wrong on purpose or with reckless disregard for your job duties. Examples that would likely disqualify you include: deliberately ignoring a safety rule you knew about, showing up to work drunk or high, stealing from the register, refusing a direct order without a legitimate reason, or being hostile to customers after being warned about your behavior.
The employer has to show that you knew the rule or expectation and broke it anyway. If your boss never told you something was against policy, or if you made an honest mistake, that is not misconduct. If you were fired for being late repeatedly after being warned, that could be misconduct—but if you were fired the first time you were late, that is likely not.
What does not disqualify you, even if your employer claims it does
Many employers tell fired workers they are ineligible for unemployment to discourage them from filing. This is not accurate. You can still file and win if you were fired for: not being fast enough at your job, making mistakes despite trying your best, not having the skills the job required, personality conflicts with your manager or coworkers, or being a poor fit for the role.
You can also file if you were fired for reasons that had nothing to do with your work—such as your employer learning you have a disability, your age, your race, or your immigration status. These are illegal reasons to fire someone, and they do not count as misconduct. If you believe you were fired for a protected reason, you may have grounds for a separate complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission's Civil Rights Division, but that does not affect your unemployment claim.
How the TWC decides whether you were fired for misconduct
When you file for unemployment, the TWC sends a form to your employer asking why they fired you. Your employer fills it out and sends it back. You will also be asked to explain your side. The TWC then reviews both accounts and decides whether the reason meets the legal definition of misconduct.
The employer does not get to decide whether you are ineligible. The TWC does. Many employers assume that because they fired you, you cannot collect benefits—but that is not how Texas law works. The TWC looks at the facts: Did you know the rule? Did you break it deliberately? Was there a legitimate reason you could not follow the rule? If the answer to the first two questions is no, or if there was a legitimate reason, you likely may have access to.
How to file for unemployment after being fired in Texas
File online at TexasWorkforce.org or by phone at 1-888-783-8232. You will need your Social Security number, your driver's license or ID number, and information about your last employer (company name, address, phone number, and the dates you worked there). You will also be asked why you left the job—answer honestly that you were fired, and briefly describe what happened.
File as soon as possible. Texas allows you to file up to one year after you were fired, but waiting longer makes it harder to remember details and harder to find witnesses who can back up your account. The sooner you file, the sooner the TWC can contact your employer and gather information while it is still fresh.
After you file, the TWC will mail or email you a notice telling you whether your claim was accepted or denied. If it was denied, you have the right to appeal. Many people win on appeal because they provide more detail or evidence the second time around.
What happens if your employer contests your claim
Your employer may respond to the TWC saying you were fired for misconduct. If they do, the TWC will send you a notice and give you a chance to respond in writing or by phone. You can explain your side of the story, provide evidence (like emails, performance reviews, or witness statements), and ask questions about what your employer claimed.
If you and your employer disagree, the TWC may hold a hearing. You can attend by phone or video. You can bring witnesses, documents, or both. Many people represent themselves at these hearings and win. If you lose at the hearing, you can appeal to the State Office of Appeals, which is a separate review.
How long benefits last and how much you receive
Texas unemployment benefits are based on your earnings in the past year. The amount varies by person. The maximum weekly benefit in Texas changes each year based on state wage data. You can receive benefits for up to 26 weeks in a standard year, though this can be extended during periods of high unemployment.
To receive benefits, you must file a weekly claim certifying that you are looking for work and that you are available to work. If you refuse a job offer without good cause, or if you stop looking for work, your benefits can stop.
Frequently Asked Questions
If I was fired for being late, can I still get unemployment?
It depends on whether you were warned about being late before you were fired. If your employer had a clear policy, told you about it, and you were late repeatedly after being warned, the TWC may find misconduct. If you were fired the first time or without warning, you likely may have access to. File and let the TWC decide.
My employer says I was fired for cause and that I cannot get unemployment. Is that true?
No. Your employer does not decide whether you are ineligible. The TWC does. "Cause" and "misconduct" are not the same thing under Texas law. File anyway. Many people win even after their employer says they were fired for cause.
Can I get unemployment if I was fired for not meeting sales targets?
Yes, in most cases. Not meeting a sales goal is usually considered poor performance, not misconduct. You would need to have deliberately ignored instructions or acted recklessly for it to count as misconduct. File and explain what happened.
What if I was fired and my employer will not give me a reason?
File anyway. The TWC will contact your employer and ask them to explain. If your employer does not respond or gives a vague answer, that works in your favor. The TWC may find that you were fired without just cause.
How long does it take to learn about I was approved for unemployment?
The TWC usually makes a decision within two to three weeks of your filing. If your employer contests your claim, it may take longer. You will receive a written notice in the mail or by email explaining the decision and your right to appeal if you disagree.