Before proceeding, please review the legal disclaimer.
Getting fired is stressful—especially if you’re wondering how to keep paying the bills. One of the first questions people ask is:
“Can I get unemployment benefits if I was fired?”
The answer in Texas is: It depends.
Let’s walk through when you can qualify, what might disqualify you, and how to give yourself the best shot at getting approved.
Being fired doesn’t automatically disqualify you from unemployment in Texas. The key question is why you were fired.
You were laid off
Your position was eliminated
You were fired for reasons other than misconduct (e.g., poor performance, not a good fit, lack of skills)
You were fired for misconduct
You violated company policy on purpose
You engaged in behavior like theft, insubordination, or harassment
The Texas Workforce Commission (TWC) looks closely at the facts before deciding.
Misconduct includes any intentional or negligent action that shows:
Disregard for your employer’s interests
Violation of company rules
Failure to perform duties
Repeated lateness or absences without good reason
Drinking on the job
Fighting with coworkers
Refusing direct instructions
Falsifying records
If the TWC finds that your employer had a valid reason to fire you for misconduct, you likely won’t qualify.
Good news: You can appeal.
If your employer claims you were fired for misconduct, but you believe that’s not true:
You can still file your unemployment claim.
If denied, request a hearing with the TWC.
Present evidence (emails, write-ups, witness statements) showing your side.
The burden is usually on the employer to prove you were fired for misconduct.
Mark was fired from his warehouse job for “poor attitude.” His employer claimed it was misconduct, but couldn’t prove any policy violations or warnings.
Mark appealed the TWC’s initial denial. At the hearing, he explained the situation and provided witness statements. He won and received benefits.
As of 2025, unemployment benefits in Texas range from $75 to $577 per week, depending on your previous wages.
You may receive benefits for up to 26 weeks, though extensions may be available during high unemployment periods.
Apply online at ui.texasworkforce.org or by phone
Explain clearly why you were fired
Be honest and detailed in your responses
Continue to search for work and document your efforts
Respond to all TWC requests or deadlines
Don’t panic if you’re fired—many people still qualify
Gather documentation (emails, evaluations, warnings, termination letter)
Consult an employment attorney if you’re unsure how to present your case
File quickly—don’t wait, or you could lose benefits
At The Lange Firm, we help workers understand their rights when it comes to:
Wrongful termination
Employer retaliation
Denied unemployment benefits
If you were fired and denied benefits unfairly, we can guide you through your legal options.
Yes—you can collect unemployment in Texas if you were fired, but only if you weren’t fired for misconduct.
If you were let go for poor performance or something outside your control, there’s a good chance you qualify.
Contact The Lange Firm if you’ve been fired and need help understanding your rights or filing a claim.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.