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Leslie Parker

Are you entitled to unemployment if you are fired in Washington ESD?

Got terminated from my job last week and I'm wondering if I can even apply for unemployment benefits through Washington ESD. My manager said it was due to 'performance issues' but honestly I think they just wanted to get rid of me because I complained about unsafe working conditions. I've been paying into the system for 8 years so shouldn't I be entitled to something? Has anyone been in this situation before? What are my chances of actually getting approved?

Yes, you can definitely apply for unemployment benefits even if you were fired. Washington ESD will investigate whether the termination was for 'misconduct' or not. Performance issues usually don't count as misconduct unless they were willful or deliberate violations of company policy.

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That's good to hear! Do I need to wait a certain amount of time before applying or should I file right away?

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File as soon as possible! There's a one-week waiting period but the sooner you apply, the sooner your claim can be processed. Don't wait.

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I got fired last year and it took forever to get through to anyone at Washington ESD to explain my situation. Spent hours on hold every day for weeks. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could review my case properly.

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How does that work exactly? Do they guarantee you'll get through?

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They have this system that calls for you and when they get an agent on the line, they conference you in. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Super helpful when you need to actually talk to someone.

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Interesting, never heard of that before. Might be worth checking out since calling Washington ESD is such a nightmare.

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being fired doesn't automatically disqualify you but washington esd will contact your employer to get their side of the story. if they say you were fired for misconduct you'll have to appeal and prove otherwise. it's a whole process

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What counts as misconduct exactly? I was late a few times but nothing major.

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Misconduct has to be substantial and willful. Being late occasionally usually won't rise to that level unless it was excessive and you ignored warnings. Safety violations you mentioned reporting could actually work in your favor.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! I was fired for 'insubordination' which was really just standing up for my rights and they denied my claim. Took 6 months to appeal and finally got benefits but the stress nearly killed me. Document EVERYTHING from your termination meeting if you can.

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Did you end up winning your appeal? What kind of documentation helped?

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Yes but it was hell. I had emails showing the safety issues I reported, witness statements from coworkers, and my performance reviews. The hearing officer said employer couldn't prove misconduct.

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Wow that sounds like a lot of work but glad you won in the end!

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In Washington state, you're eligible for unemployment unless you were terminated for misconduct connected to your work. The key factors ESD looks at are: was the behavior willful, did it violate a known company policy, and was it substantial enough to harm the employer's interests. Performance issues, attendance problems (unless extreme), or disagreements with management typically don't qualify as misconduct.

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This is really helpful! Should I mention the safety complaint when I file my initial claim?

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Absolutely. If you were terminated for reporting safety violations, that could be considered retaliation which would strengthen your case significantly.

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I'm going through something similar right now. Filed my claim two weeks ago and it's been in 'adjudication' ever since. My former employer is probably fighting it because they don't want their unemployment tax rate to go up.

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How long does adjudication usually take? I'm worried about paying my bills while this gets sorted out.

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Can take anywhere from 2-6 weeks depending on how complicated your case is. That's why I ended up trying that Claimyr service someone mentioned earlier to get through to ESD and check on the status.

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Did it help speed things up or just give you more information about the timeline?

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The agent was able to see there was missing documentation from my employer and gave me a better idea of when to expect a decision. Worth it just for the peace of mind honestly.

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here's the thing - even if you get denied initially you can appeal. lots of people win on appeal because the employer has to actually prove misconduct with documentation. most employers don't keep good records

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How long do you have to file an appeal if they deny you?

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30 days from the date on the determination letter. don't wait around if you disagree with their decision

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My sister was fired for 'attitude problems' last year and got unemployment no problem. Sounds like your situation might be even better since you were reporting legitimate safety issues.

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That's encouraging! Did she have any trouble with the employer fighting it?

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They tried but couldn't prove she did anything that actually harmed the business. Just personality conflicts with her supervisor.

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One thing to keep in mind - make sure you're actively looking for work and documenting your job search activities. Washington ESD requires 3 job search activities per week and they do audit people randomly.

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What counts as a job search activity? Just applying for jobs or other things too?

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Applying for jobs, networking events, job fairs, interviews, even some training activities. They have a list on the ESD website of what qualifies.

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Also don't let them intimidate you with their 'fact finding' interviews. Answer honestly but don't volunteer information that could hurt your case. Stick to the facts about why you were terminated.

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When do they usually schedule those interviews?

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Usually within a week or two of filing if there are any questions about your termination. They'll call both you and your employer separately.

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The good news is that Washington state is generally pretty worker-friendly when it comes to unemployment. The burden is on the employer to prove misconduct, not on you to prove you didn't do anything wrong.

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That does make me feel better about my chances. I have a clean work history otherwise.

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That will definitely work in your favor. Document everything you can remember about the termination meeting and any prior incidents they mentioned.

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Just remembered - if you do get approved, your benefits will be based on your wages from the last 5 quarters. So if you made good money recently, your weekly benefit amount should be decent.

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I was making about $4,200 a month before this happened. Any idea what that would translate to in benefits?

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Should be around $560-650 per week depending on your exact wage history. Washington ESD has a benefit calculator on their website you can use.

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whatever you do file right away. i waited a few days thinking about it and that just delayed everything. the system is slow enough without giving them extra time

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Good point. I'll file online tonight. Is the ESD website pretty straightforward to use?

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it's not terrible but have all your employment info ready - dates, wages, reason for separation etc. saves time

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Hope everything works out for you! Sounds like you have a solid case especially with the safety complaint angle.

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Thanks everyone for all the advice! Feeling much more confident about filing now.

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Last thing - if you run into issues getting through to ESD by phone (which you probably will), that Claimyr service I mentioned earlier is really worth checking out. I was skeptical at first but it saved me so much time and frustration.

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I'll definitely keep that in mind if I need to talk to someone and can't get through the normal way.

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The phone lines are definitely the worst part of dealing with ESD. Any shortcut to actually reach a human is valuable.

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Remember that even if there's an initial denial, the appeals process exists for a reason. Many termination cases that get denied initially are overturned on appeal when all the facts come out.

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Good to know there's a backup plan if needed. Hopefully it won't come to that though.

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Keep us updated on how it goes! There's power in sharing these experiences so others know what to expect from the process.

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Will do! Thanks again for all the support and advice from everyone.

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One more tip - start looking for work immediately even before your claim is approved. The job search requirement kicks in right away and you don't want to fall behind on that.

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Already started browsing job boards actually. Good to know I'm on the right track.

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good luck with everything! being fired sucks but at least washington state doesn't make it impossible to get benefits like some other places

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Very true. Feeling grateful to be in a state that actually protects workers to some degree.

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This whole thread has been really informative. Nice to see people helping each other navigate this confusing system!

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That's what these forums are for - sharing knowledge and supporting each other through tough times.

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