What Is Work-Connected Misconduct in Texas Unemployment Cases?
What Is Work-Connected Misconduct in Texas Unemployment Cases?
By Tiffany R. Leavy, Esq., Leavy Law Firm, PLLC. Former Administrative Judge, Texas Workforce Commission. Last updated October 2, 2026.
Short answer: In Texas, being fired does not automatically disqualify you from unemployment benefits. You are disqualified if you were discharged for misconduct connected with your work, and Texas law defines misconduct narrowly. Poor performance, honest mistakes, and simply not being a good fit generally are not misconduct. The employer must show that what happened meets the legal definition.
Why does "misconduct" matter?
When an employer fires you and TWC finds the reason was work-connected misconduct, you can be denied benefits. When you are fired for a reason that is not misconduct, you can still qualify for benefits, even if the employer was entirely within its rights to let you go.
Employers can fire an employee for reasons that are perfectly lawful and still not meet the unemployment definition of misconduct. Those are two different questions, and many people give up on a claim because they confuse them.
How does Texas define misconduct?
The Texas Unemployment Compensation Act defines misconduct in terms of conduct such as:
Mismanagement of a position of employment by action or inaction
Neglect that jeopardizes the life or property of another
Intentional wrongdoing or malfeasance
Intentional violation of a law
Intentional violation of a policy or rule adopted to ensure the orderly work and the safety of employees
The key word in much of that list is intentional, along with the idea of a real, work-related wrongdoing. Mistakes, accidents, and inability to do the job well are different from deliberate or seriously careless conduct.
What usually counts as misconduct?
Depending on the facts, hearing officers have found misconduct in situations like:
Theft, fraud, or dishonesty connected to the job
Violence, threats, or serious harassment
Knowingly violating a clear safety rule or reasonable company policy
Insubordination, meaning a deliberate refusal to follow a reasonable instruction
Excessive unexcused absences or tardiness after warnings, when the employee knew the policy
Working under the influence or failing a test in violation of a known drug policy
Those are examples, not automatic outcomes. Each case turns on what the employer can prove.
What usually does not count as misconduct?
Many terminations that feel like "misconduct" to an employer are not misconduct under the law:
Poor performance or inability to meet standards, when the employee was trying
Good-faith errors in judgment
Not being a good fit or personality clashes
Being laid off or having a position eliminated
Absences that were beyond your control, such as illness, when you followed the call-in rules
Violating a policy you were never told about, or one that was not reasonable or consistently enforced
This matters a lot in termination after a performance improvement plan (PIP). A PIP shows the employer was unhappy with your results. It does not, by itself, show that you did something intentional or wrongful. The question is why you missed the targets and whether there was a deliberate failure to follow a reasonable, known instruction.
Who has to prove it?
In a misconduct discharge, the employer generally carries the burden of showing that you were fired for misconduct connected with your work. That means they need credible testimony and evidence, not just a conclusion like "she violated policy."
What evidence do hearing officers look at?
What the rule or instruction was, and whether you knew about it (handbook acknowledgments, training records, written warnings)
Whether the rule was reasonable and applied to others the same way
What you actually did, and whether it was intentional or careless as opposed to an honest mistake
The final incident, and what led up to it
Prior warnings or discipline, including whether they were documented and whether you had a chance to respond
Your explanation, including any evidence that supports it, such as emails, texts, or witnesses
Hearsay and unsupported statements from the employer's representative are often not as strong as firsthand testimony from the manager who made the decision.
What happens if I am found to have been fired for misconduct?
You can be disqualified from benefits and typically must meet requalification requirements, such as returning to work and earning wages for a certain period, before you can qualify again. Serious conduct can carry a more severe disqualification. A disqualification can also affect overpayment issues if benefits were already paid. These are the kinds of details worth checking against your determination.
How do I fight a misconduct denial?
File your appeal on time. The deadline is generally 14 calendar days from the mailing date on your notice. See the first post.
Keep requesting benefits while the appeal is pending.
Get the reason in writing. Identify exactly what the employer says you did.
Gather your evidence. Collect the handbook, warnings, performance records, messages, and anything that shows the rule was unclear, unreasonable, or unevenly enforced, or that your conduct was not intentional.
Line up witnesses who saw what happened.
Prepare your testimony. Answer directly, stay factual, and explain what you understood at the time.
Build the record at the first hearing. Later review is generally based on that record. See What Happens at a TWC Appeal Hearing?.
Can you help me?
I represent claimants in TWC unemployment appeals, and I have seen these arguments from both sides of the bench. If you were fired and denied benefits for misconduct, contact me before your hearing so we can prepare your evidence and testimony.
Leavy Law Firm, PLLC(682) 803-0521 | tiffany@leavyfirm.com
This post is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws, rules, and deadlines change and depend on your facts. Follow your notice and TWC's current instructions.
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