Washington Unemployment

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I'm really sorry this happened to you, Sebastian. As someone who's been through a similar situation, I can tell you that getting fired right after FMLA is a huge red flag for retaliation. The timing alone makes it really hard for employers to justify it as legitimate performance issues. You absolutely should be eligible for unemployment benefits - Washington ESD typically sides with employees in these clear-cut retaliation cases. Make sure you keep copies of all your FMLA paperwork and any performance reviews you had before taking leave. The contrast between your pre-leave performance and their sudden "performance issues" claim will be important evidence. Stay strong and don't let them intimidate you!

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That "meets expectations" review from just 4 months ago is going to be crucial evidence in your favor. The fact that your performance was fine right up until you took FMLA leave really strengthens your case. I know it's overwhelming with a new baby, but you're doing the right thing by fighting this. Employers count on people being too stressed or intimidated to push back, but you have solid legal protections here. Document everything and don't let them gaslight you into thinking this is legitimate.

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This whole situation is so infuriating but unfortunately not uncommon. I've seen this exact pattern happen to several people - perfect timing right after FMLA return with suddenly manufactured "performance issues." The good news is that Washington ESD investigators are pretty experienced at spotting this kind of retaliation. Your documentation sounds solid, and the timing alone is going to be very difficult for your employer to explain away. Just remember that even if they contest your claim, you're in a strong position. Hang in there - you shouldn't have to choose between taking care of your family and keeping your job.

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I went through almost the exact same thing two years ago - fired 5 days after returning from maternity leave for alleged "performance issues" that were never mentioned before I left. Washington ESD approved my claim and my former employer's contest was denied at the hearing. The administrative law judge basically said the timing was too suspicious and they couldn't provide any evidence of actual performance problems prior to my leave. It took about 8 weeks total but I got full benefits plus backpay. The stress was awful with a new baby, but don't let them intimidate you - this kind of retaliation is exactly what unemployment insurance is designed to protect against. Your case sounds even stronger than mine was since you were only out 3 days before they fired you. Stay strong and keep fighting!

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This is so reassuring to hear from someone who went through the exact same thing! The timing in your case (5 days) and mine (3 days) is almost identical - it's like they don't even try to hide the retaliation anymore. I'm definitely feeling stressed about the whole process, especially with everything else going on with the new baby, but hearing that you got approved and won the hearing gives me hope. Did you have a lawyer for the hearing or did you represent yourself? I'm trying to figure out if I need to start looking for legal help now or wait to see what happens with the initial claim.

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Bottom line is Washington ESD takes good cause quits seriously but you need solid evidence. Don't quit on impulse - build your case first with documentation, complaints to HR or management, and clear evidence of how the situation is unreasonable.

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This has been really helpful everyone. I think I need to spend some time documenting everything and maybe talking to HR first before making any decisions.

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Smart approach. Take time to build a strong case rather than acting emotionally, even though I know toxic workplaces make you want to run.

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One thing I haven't seen mentioned yet - if you're dealing with a hostile work environment, check if your company offers an Employee Assistance Program (EAP). Sometimes they have resources for workplace conflict resolution or can help document incidents properly. Also, if the toxic management is affecting your mental health, that could potentially be another angle for good cause since Washington recognizes health-related reasons for quitting. Just make sure to get medical documentation if you go that route. The key is really building that paper trail before you make any moves.

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That's really good advice about the EAP - I completely forgot my company might have one of those. The mental health angle is interesting too since the stress from this situation has definitely been affecting me. I've been losing sleep and feeling anxious about going to work every day. Would I need to see a doctor specifically about work-related stress or would general mental health documentation work?

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One thing I learned when I applied is that Washington has pretty generous eligibility rules compared to some other states. Even if you're not sure you qualify based on wages or work history, it's worth applying anyway. I was worried my part-time retail work wouldn't be enough, but I had been consistently working for over a year and it turned out fine. The system is designed to help people who are working but struggling with reduced income - that's exactly your situation. Also, once you start the application, you can save your progress and come back to it if you need to gather more information, so don't feel like you have to have everything perfect before you begin.

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This is really reassuring to hear! I've been overthinking this whole process, but you're absolutely right that my situation - working retail consistently but having hours drastically cut due to slow business - is exactly what these benefits are meant to help with. The fact that I can save my progress on the application is also really helpful since I tend to second-guess myself. I appreciate everyone sharing their experiences here - it's made me feel much more confident about moving forward with filing this weekend.

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Based on everything shared here, it sounds like you have a strong case for partial unemployment benefits! Your situation - working retail consistently for 8 months but having hours cut due to slow business - fits perfectly within Washington's eligibility requirements. Since you didn't quit and the hour reduction wasn't your fault, you should definitely qualify. I'd recommend using that benefit calculator someone mentioned to get an estimate, and then just go ahead and file online. The application really is straightforward once you have your employment history ready. Don't let the wage requirements worry you too much - if you've been working 8 months consistently, you've likely met the base period earnings threshold. Good luck with your application!

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Aria Park

This whole thread has been incredibly helpful! I started out completely confused about the requirements, but now I feel like I have a clear understanding of what I need to do. It's reassuring to know that partial unemployment benefits are specifically designed for situations like mine where hours get cut through no fault of your own. I'm definitely going to file this weekend - I have all my employment info ready and it sounds like the online application is pretty user-friendly. Thanks to everyone who shared their experiences and advice!

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Thank you all for the helpful information! After reading everyone's responses, I think I'm going to: 1. Limit my business development to 5-10 hours per week to minimize the impact on my benefits 2. Report ALL hours spent on the business honestly on my weekly claims 3. Continue doing my 3+ job search activities each week 4. Try to reach an ESD agent directly to confirm this approach I might use that Claimyr service someone mentioned to get a definitive answer from ESD. Better to get it right from the start than deal with overpayments later. I'll update this thread once I talk to someone official.

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That sounds like a solid plan. One more tip: keep a detailed log of all your business activities with dates, times, and descriptions. If ESD ever questions you about it, having documentation will be incredibly helpful. Best of luck with both your job search and your new business venture!

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Smart approach! I'm in a similar situation - laid off from my marketing job 3 months ago and thinking about freelance consulting. Your plan to limit hours and document everything makes sense. Definitely let us know what the ESD agent says about the hourly reporting requirements. The conflicting advice in this thread shows how confusing their rules really are. Good luck with both the job hunt and the web design business!

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I went through this exact situation last year when I started my freelance graphic design business while on unemployment. Here's what I learned from experience and speaking with an ESD agent: You MUST report all hours worked on your business, even without income. ESD defines "work" as any activity intended to generate income, including business planning, website building, client outreach, etc. The benefit reduction formula is roughly: (Hours worked ÷ 40) × Weekly Benefit Amount. So if you work 8 hours and your WBA is $600, you'd lose about $120 that week. Key tips: - Keep detailed time logs of ALL business activities - Report hours honestly on weekly claims - Continue job search requirements (3+ activities weekly) - Stay "able and available" for full-time work I'd recommend starting very part-time (5-8 hours max per week) to minimize benefit impact while you test the waters. Once you have steady income, you can transition off unemployment properly. The good news is starting a business while on unemployment is totally legal - just be transparent about it from day one.

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This is incredibly helpful! Thank you for sharing your actual experience with ESD. The benefit reduction formula you provided is exactly what I was looking for - knowing that 8 hours would cost about $120 from a $600 WBA helps me plan better. I'm definitely going to follow your advice about starting with just 5-8 hours per week and keeping detailed time logs. Did you find that ESD agents were generally understanding about the business startup situation, or were they pretty strict about the rules? Also, when you say "transition off unemployment properly" - is there a specific process for that when your business income becomes sufficient?

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I went through a similar situation last year and want to share my experience to hopefully ease some worries. I had unreported cash payments from freelance work that I honestly forgot about during a stressful period. When Washington ESD caught it during a routine audit, I was terrified they'd press charges. Instead, they sent an overpayment notice for about $2,800 plus a 15% penalty. I had to pay it back over 10 months, but no criminal charges were filed. The investigator actually told me they focus their criminal referrals on cases involving intentional schemes or amounts over $5,000. For smaller amounts with no clear pattern of deception, they usually just want their money back. If you're genuinely worried, being proactive and honest about any mistakes shows good faith.

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This is really helpful to hear from someone who actually went through it! The 10-month payment plan sounds much more manageable than having to pay everything at once. Did you have to deal with a lot of paperwork during the process, or was it pretty straightforward once you agreed to pay it back?

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This is exactly what I needed to hear! I've been losing sleep over this for weeks thinking I'd end up in handcuffs. My situation sounds very similar - forgot to report some cash payments from odd jobs during a really chaotic time in my life. The idea that they focus on bigger cases and intentional fraud makes so much sense. I think I'm going to take everyone's advice and try to get through to someone at Washington ESD proactively, maybe through that Claimyr service, to see if I need to correct anything before they find it themselves. Thank you for sharing your real experience instead of just speculation!

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I actually work for a nonprofit that helps people navigate unemployment issues, and I want to emphasize what others have said - criminal prosecution for unemployment fraud in Washington is really reserved for the most serious cases. We see dozens of overpayment situations every month, and the vast majority are resolved through repayment agreements without any criminal charges. The state knows their system is confusing and that honest mistakes happen frequently. What triggers criminal referrals are things like using fake Social Security numbers, claiming benefits in multiple states simultaneously, or systematic underreporting that clearly shows intent to defraud. For someone who forgot to report some gig work or was confused about reporting requirements, you're looking at an overpayment notice and maybe penalties, not jail time. If you're genuinely concerned about errors you may have made, the best approach is to be proactive - either contact ESD directly or use a service like others mentioned to get connected with an agent who can review your case.

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