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Sarah Jones

Are you eligible for Washington ESD unemployment if you are fired?

Got terminated from my job last Friday after 2 years working there. Manager said it was due to performance issues but I feel like it was unfair. I'm wondering if I can still file for unemployment benefits through Washington ESD? I've never been fired before so I don't know if being terminated disqualifies you from getting UI benefits. Has anyone been in this situation? What should I expect when I apply?

Yes, you can absolutely file for unemployment even if you were fired! The key is whether you were terminated for 'misconduct' or not. Performance issues generally don't count as misconduct under Washington ESD rules. You should definitely apply - the worst they can do is deny you, but from what you're describing, you have a good chance of qualifying.

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That's reassuring to hear. I was worried that being fired automatically disqualified me. Should I mention the performance issues when I file my claim?

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Be honest about the circumstances but focus on facts. Performance issues are very different from misconduct like theft or insubordination.

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I got fired from my retail job 6 months ago for being late too many times and still got approved for benefits. Washington ESD looks at whether your actions were willful misconduct. Being bad at your job usually isn't misconduct, but violating clear company policies repeatedly might be.

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Wait, you got benefits after being fired for attendance issues? I thought that would count as misconduct.

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It depends on the circumstances. They look at whether you had control over the situation and if you willfully violated policies.

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File immediately! Don't wait. Even if there's a chance your claim might get flagged for adjudication, you want to get the process started. I used Claimyr (claimyr.com) when I needed to talk to someone at Washington ESD about my situation - saved me hours of trying to call. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks for the tip about Claimyr. How long did it take to get through to someone when you used it?

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Usually within a few hours during business days. Way better than the endless busy signals I was getting before.

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ugh the whole system is so confusing. I got fired 3 weeks ago and still haven't filed because I keep reading conflicting information online. Some sites say you can't get benefits if you're fired, others say you can. Which is it???

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You CAN get benefits if fired - it just depends on the reason. Don't let fear keep you from filing, you're losing money every day you wait.

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ok fine I'll file today. This is all so stressful though.

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Here's the deal - under Washington law, you're eligible unless you were fired for 'misconduct connected with the work.' Performance issues typically don't meet this standard. Examples of misconduct would be theft, violence, deliberate violation of safety rules, or repeatedly ignoring direct orders. Poor performance, personality conflicts, or not being a good fit usually don't disqualify you.

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This is exactly what I needed to know. My situation was definitely performance-related, not misconduct.

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What if they claim you violated company policy but you disagree with their interpretation?

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That's when you'd need to appeal if denied. Keep all documentation from your employer about the termination.

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Same thing happened to me 2 months ago. Filed right away and got approved within a week. The key is being honest about what happened but not volunteering information that makes it sound worse than it was.

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Did you have to go through adjudication or was it approved automatically?

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Mine went straight through without adjudication. I think because I was clear it was performance-related.

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Be prepared for your employer to potentially contest your claim. They might try to claim it was misconduct to avoid their unemployment insurance rates going up. If that happens, you'll need to respond to any requests for information quickly.

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What happens if they do contest it? Does that mean I won't get benefits?

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Not necessarily. It just means Washington ESD will investigate and make a determination. You'll have a chance to present your side.

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I'm going through this exact situation right now! Filed 2 weeks ago after being terminated for 'not meeting expectations' and my claim is still in adjudication. It's nerve-wracking but at least I got the ball rolling.

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How long does adjudication usually take? I'm worried about how I'll pay bills if it takes forever.

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From what I've read, it can take anywhere from 2-6 weeks depending on how busy they are.

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Quick question - do you have to wait a certain amount of time after being fired to file? I always thought there was like a waiting period or something.

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No waiting period for filing. You should file immediately after becoming unemployed. There's a one-week waiting period before you can receive benefits, but you still need to file right away.

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Good to know, thanks for clarifying that!

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Whatever you do, don't resign before they fire you thinking it will look better. Quitting without good cause is much harder to get benefits for than being fired for performance issues.

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Yeah, I definitely didn't resign. They made the decision for me unfortunately.

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I made that mistake at my last job. Resigned thinking it would be better and then couldn't get unemployment. Learned my lesson.

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The Washington ESD website has a good explanation of what counts as misconduct vs. what doesn't. Basically, if you were trying to do your job but just weren't good at it, that's not misconduct. If you were deliberately disobeying rules or being insubordinate, that could be misconduct.

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I was definitely trying to do my job well, just wasn't meeting their standards apparently.

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That sounds like a clear case of being eligible for benefits then. File as soon as possible!

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Had the same situation happen to me in 2023. Got fired from my accounting job for 'performance issues' after my supervisor changed and started micromanaging everything. Filed for unemployment and got approved. The process was actually pretty straightforward once I got through to someone at Washington ESD to explain my situation.

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How did you manage to get through to someone? I've heard the phone lines are always busy.

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I used Claimyr to help me get connected. Worth every penny to avoid the phone hell.

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Pro tip: when you file your claim, be factual but don't elaborate unnecessarily. Answer the questions directly but don't volunteer extra information that might hurt your case.

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This is good advice. I over-explained everything on my first claim and it caused problems.

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Exactly. Keep it simple and stick to the facts about what happened.

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I'm a former HR manager and I can tell you that most terminations for performance don't rise to the level of misconduct. Companies sometimes try to fight unemployment claims but unless they have clear documentation of policy violations, they usually don't win.

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That's really helpful insight from someone who's seen it from the employer side. Makes me feel more confident about filing.

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What kind of documentation would they need to successfully fight a claim?

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Clear policy violations, written warnings, documentation of willful misconduct. Poor performance reviews alone usually aren't enough.

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File online at esd.wa.gov as soon as possible. The sooner you file, the sooner you can start receiving benefits if approved. Don't let fear or uncertainty delay you - you have nothing to lose by applying.

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Thanks, I'm going to file tonight. You're right that I have nothing to lose by trying.

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Good luck! Remember to keep filing your weekly claims even if your initial claim is under review.

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been there done that. Got fired from my warehouse job for not keeping up with productivity standards. Still got unemployment benefits because it wasn't willful misconduct. The whole process took about 3 weeks from filing to getting my first payment.

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3 weeks isn't too bad. I was worried it might take months.

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that was during a slower period too. might be faster now, might be slower. just depends on their workload.

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Don't forget you'll need to do job search activities once you start receiving benefits. Make sure you understand those requirements so you stay eligible.

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Good point. I should look into what the job search requirements are while I'm waiting for my claim to process.

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It's 3 job search activities per week in Washington. Keep detailed records of everything you do.

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One more thing - if you do get denied initially, don't give up! You can appeal the decision. A lot of people get approved on appeal even if they were denied initially. I had to use Claimyr again during my appeal process to get answers about the timeline.

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Good to know appeals are an option. Hopefully I won't need to go that route but it's reassuring to know it exists.

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The appeal process can take a while but it's worth it if you believe you were wrongly denied.

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Update us on how it goes! I'm always curious to hear how these situations work out for people.

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Will do! I'm filing tonight and I'll post an update once I hear back from Washington ESD.

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Yes please update! This thread has been really helpful for understanding the process.

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Bottom line: being fired for performance issues is NOT the same as being fired for misconduct. You should be eligible for benefits. File immediately and don't let anyone tell you otherwise without checking with Washington ESD directly.

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Thank you everyone for all the helpful advice and encouragement. I feel much more confident about filing now.

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You're welcome! Remember, the unemployment system exists to help people in exactly your situation. Don't hesitate to use it.

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