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Mateo Gonzalez

Are you eligible for Washington ESD unemployment if you get fired - need help understanding

I just got terminated from my job last week and I'm trying to figure out if I can even apply for unemployment benefits through Washington ESD. My boss said it was due to 'performance issues' but honestly I think they just wanted to get rid of me because I complained about safety violations. I've been working there for 2 years and never had any formal write-ups or disciplinary actions. Does getting fired automatically disqualify you from receiving UI benefits in Washington? I'm really stressed about this because I have rent due next week and I don't know what my options are.

Nia Williams

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Getting fired doesn't automatically disqualify you from Washington ESD benefits. It depends on the reason for termination. If you were fired for misconduct, that's different than being fired for performance or other reasons beyond your control. You should definitely file a claim - let Washington ESD make the determination.

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Thank you! That's reassuring. I was worried I'd be wasting my time applying. Should I mention the safety violation complaints when I file?

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Nia Williams

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Yes, definitely include all relevant details. If your termination was retaliatory, that could actually strengthen your case for benefits.

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Luca Ricci

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File your claim ASAP! Even if you're not sure about eligibility, it's better to file and let them decide. I got fired from my last job for 'attitude problems' (aka standing up for myself) and still got approved for benefits after adjudication.

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How long did the adjudication process take? I'm really worried about how I'm going to pay bills while waiting.

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Luca Ricci

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Mine took about 3 weeks. It's nerve-wracking but hang in there.

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If you're having trouble getting through to Washington ESD to check on your claim status, I recently found this service called Claimyr (claimyr.com) that helps you actually reach an agent. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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The key thing Washington ESD looks at is whether you were fired for 'misconduct connected with work.' Performance issues usually don't count as misconduct unless you were willfully neglecting your duties. Safety complaints definitely don't count as misconduct - that's protected activity.

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That's exactly what I was hoping to hear. I was genuinely trying to do my job well, just had some disagreements with management about following proper procedures.

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Yuki Watanabe

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Wait, what exactly counts as misconduct then? I'm in a similar situation and my employer is claiming I was 'insubordinate' for questioning their decisions.

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Misconduct has to be willful and substantial. Simply disagreeing with management or questioning decisions usually doesn't rise to that level unless you were outright refusing to follow reasonable instructions.

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ugh the whole system is so confusing!!! I got fired 2 months ago and still haven't heard back from Washington ESD about my adjudication. They just keep saying 'pending' every time I check online. How are we supposed to survive while they take forever to make decisions???

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Nia Williams

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Have you tried calling to check on the status? Sometimes there are additional documents they need that aren't showing up in the online system.

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I've tried calling literally hundreds of times. Either busy signal or they hang up after an hour on hold.

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That's exactly why I mentioned Claimyr earlier - it cuts through all that phone frustration and gets you connected to an actual agent who can tell you what's holding up your claim.

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Andre Dupont

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You need to file within one week of your last day of work to avoid any delays. Don't wait around wondering if you qualify - file first, ask questions later. The worst they can do is deny your claim, but at least you'll have your application date locked in.

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Good point about the timing. I was fired on Friday so I need to get on this right away.

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Zoe Papadakis

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Actually I think you have longer than a week to file? But yeah definitely don't wait too long.

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Andre Dupont

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You're right, you can file later but your benefits start from the week you file, not when you became unemployed. So every week you wait is money lost.

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Here's what you need to know about fired vs laid off for Washington ESD: If you were fired for reasons like downsizing, lack of work, or performance that wasn't willful misconduct, you should qualify. If you were fired for stealing, violence, repeated tardiness after warnings - that's misconduct and disqualifies you.

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This is really helpful. My situation definitely sounds like the first category. I was never warned about my performance being an issue.

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ThunderBolt7

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What if they fire you for calling in sick too much? I had the flu and missed 3 days and they terminated me for 'excessive absences.

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That would likely qualify you for benefits unless you had received specific warnings about attendance and continued to miss work without valid reasons.

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Jamal Edwards

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I was in almost the exact same situation last year - fired for 'performance' after complaining about workplace issues. Filed for unemployment and got approved after about a month. The key is being completely honest in your application and providing any documentation you have.

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Did you have to do a phone interview or hearing? I'm nervous about having to explain everything over the phone.

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Jamal Edwards

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I had a brief phone interview with an adjudicator. They just asked basic questions about what happened. As long as you tell the truth, you should be fine.

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Mei Chen

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Phone interviews with Washington ESD can be tricky to schedule though. I waited 6 weeks for mine last time.

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Just want to add that even if your employer contests your claim (which they probably will), don't panic. Employers contest claims all the time to try to keep their unemployment insurance rates low. Washington ESD will investigate and make their own determination based on the facts.

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Good to know. I'm definitely expecting them to contest it since they seem pretty vindictive about the whole thing.

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Amara Okonkwo

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Yeah employers love to make it sound like you'll never get benefits but most of the time if you weren't fired for serious misconduct you'll be fine.

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Don't forget you'll need to do your weekly claims and job search requirements even while your claim is in adjudication. Keep track of all your job search activities because Washington ESD can audit those records.

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How many jobs do I need to apply to each week? I've heard different numbers.

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It's 3 job search activities per week in Washington. Can be applications, networking contacts, job fairs, etc. Keep detailed records.

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And make sure to register with WorkSourceWA if you haven't already. It's required for receiving benefits.

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Dylan Hughes

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The system is honestly set up to discourage people from applying. Half the people who should get benefits don't even try because they think getting fired disqualifies them. Don't let them scare you away from what you're entitled to!

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That's exactly how I was feeling. Like maybe I didn't deserve help because I got fired. But you're right, I paid into this system.

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NightOwl42

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Exactly! You paid unemployment taxes on every paycheck. This is insurance you already paid for.

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One more thing - if Washington ESD denies your claim initially, you can appeal the decision. You have 30 days from the determination letter to file an appeal. Don't give up if the first decision doesn't go your way.

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Good to know there's a backup plan. Hopefully it won't come to that but it's reassuring to know I have options.

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Dmitry Ivanov

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The appeal process can take a while though, so definitely try to get everything right the first time if possible.

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And if you need to talk to someone at Washington ESD about your appeal or claim status, that Claimyr service I mentioned earlier really does work. Worth checking out their demo if you're facing phone connection issues.

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Ava Thompson

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Bottom line: file your claim today. You have nothing to lose and potentially weeks of benefits to gain. Getting fired doesn't automatically disqualify you, especially in your situation where it sounds like retaliation for safety complaints.

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Thank you everyone for all the advice and encouragement. I'm going to file my claim right now. Feeling much more confident about this.

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Good luck! Keep us posted on how it goes.

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Will do! This thread has been incredibly helpful.

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