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PaulineW

Can I ask to be laid off to collect Washington ESD unemployment benefits?

My company has been struggling financially and I've been thinking about leaving anyway. I heard someone mention that if you ask to be laid off instead of quitting, you might be able to collect unemployment benefits. Is this actually true? Would Washington ESD approve my claim if I voluntarily asked my employer to lay me off? I'm worried about being disqualified if they find out I requested it. Has anyone done this successfully or know what the rules are?

This is a tricky situation. Washington ESD looks at whether you left work voluntarily or involuntarily. If you ask to be laid off, that might be considered voluntary separation which could disqualify you from UI benefits.

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That's what I was afraid of. So even if my employer agrees to call it a layoff, Washington ESD might still deny my claim?

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They investigate these things pretty thoroughly. If there's evidence you requested the separation, it could be a problem during adjudication.

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I know someone who tried this and it backfired big time. Washington ESD found out during the fact-finding interview that she had asked to be included in layoffs. They disqualified her for voluntary quit and she had to appeal. The whole process took months and she never got benefits.

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Oh no, that sounds awful. How did Washington ESD find out she asked for it?

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Her supervisor mentioned it during their fact-finding call. Employers have to provide details about the separation and they asked specific questions.

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Legally speaking, if you ask to be laid off, Washington ESD will likely consider this a voluntary separation. The key factor is whether you initiated the separation or if it was truly the employer's decision due to business reasons. If you approach your employer about being laid off, you're essentially quitting with extra steps.

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What if the company is already planning layoffs and I just ask to be included? Would that be different?

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That's still risky. Even if layoffs are happening, volunteering for them can be seen as voluntary separation. Washington ESD will look at whether you would have been laid off anyway without asking.

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I hate how complicated this all is! The unemployment system makes it so hard to get help when you need it.

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Been through this exact situation. My company was doing layoffs and I asked to be included because I wanted to look for something better. Washington ESD denied my claim saying it was voluntary separation. I had to appeal and it took 6 weeks to get resolved. Even then, I only won because I could prove I would have been laid off anyway in the next round.

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How did you prove you would have been laid off anyway? What kind of evidence did you need?

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I had emails from HR showing my position was on the list for the next round of cuts. My manager also provided a letter stating my job was being eliminated regardless.

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Wow, at least you had that documentation. Most people wouldn't have that kind of proof.

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honestly this sounds like fraud to me. if youre asking to be laid off just to get unemployment thats not what the system is for

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I'm not trying to commit fraud! I genuinely thought this might be a legitimate option. That's why I'm asking for advice.

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It's not fraud to ask questions. The person is trying to understand the rules before doing anything.

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Yeah, let's not jump to conclusions. Understanding the system is smart, not fraudulent.

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Here's what I learned when I was in a similar spot - Washington ESD has specific criteria for what makes a separation voluntary vs involuntary. If you initiate the conversation about leaving, even if it's framed as a layoff, they often classify it as voluntary. Your best bet is to wait and see if layoffs happen naturally or look for other jobs first.

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That makes sense. I guess I should just start job hunting instead of trying to game the system.

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Exactly. Plus if you find a better job, you won't need unemployment at all. That's always the best outcome.

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I tried calling Washington ESD to ask about this exact scenario last month and could never get through. The phone lines are always busy or I get disconnected. How is anyone supposed to get answers about these complicated situations?

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I had the same problem until I found Claimyr. It's a service that helps you get through to Washington ESD representatives. Saved me hours of calling and actually got me connected to someone who could answer my questions.

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Never heard of that. How does it work?

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You can check it out at claimyr.com - they basically handle the calling for you and get you connected to an actual person at Washington ESD. Way better than spending your whole day redialing.

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My brother went through something similar. He was worried about layoffs at his company and asked HR about voluntary separation packages. When he eventually got laid off for real 3 months later, Washington ESD still questioned whether it was voluntary because of that earlier conversation. It caused delays in his claim processing.

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Geez, they really investigate everything don't they? I had no idea they looked into conversations that happened months before.

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Yeah, they're pretty thorough. Apparently during the fact-finding interview, his supervisor mentioned the earlier conversation about voluntary packages.

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This is why I always tell people to be careful what they say at work. You never know when it might come back to bite you.

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The thing is, even if you successfully get laid off and Washington ESD doesn't catch on, you still have to meet all the other requirements like job search and being able and available for work. It's not like unemployment is easy money - there are ongoing obligations.

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Good point. I'd still have to do the weekly job search requirements and all that. It's not like I'd just be sitting around collecting checks.

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Exactly. You need to apply for jobs, keep a job search log, and be ready to accept suitable work. It's more work than people think.

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Look, I get that money is tight and you want options, but trying to manipulate your way into unemployment benefits isn't worth the risk. If Washington ESD finds out (and they often do), you could face disqualification, overpayment demands, and even penalties.

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You're right. I definitely don't want to deal with overpayment issues or penalties. That would make my financial situation even worse.

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Plus, having a disqualification on your record can affect future claims if you ever need unemployment again.

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Instead of asking to be laid off, have you considered talking to your employer about reduced hours? If your hours get cut significantly, you might qualify for partial unemployment benefits through Washington ESD's partial benefits program.

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I didn't know that was an option! How does partial unemployment work?

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If your hours are reduced through no fault of your own, you can work part-time and still collect some unemployment benefits. It's legitimate and you don't have to worry about voluntary separation issues.

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This is actually a great option that more people should know about. Way better than trying to get laid off.

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I work in HR and I can tell you that employers report these things accurately to Washington ESD. If an employee asks to be laid off, we have to document that conversation. When Washington ESD calls for information, we're required to provide all relevant details about the separation.

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That's really good to know from the employer perspective. I appreciate the insider info.

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No problem. Just trying to help people understand how the process really works from both sides.

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had a coworker try this last year and it was a disaster. not only did washington esd deny her claim but she burned bridges with management by asking to be laid off. ended up quitting anyway and got nothing

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Ouch, that's a double loss - no unemployment benefits AND damaged relationships at work.

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Yeah, asking to be laid off can definitely make you look bad to your employer, even if they agree to it.

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The bottom line is Washington ESD will investigate any separation that seems questionable. They have fact-finding interviews, they talk to employers, and they look at all the circumstances. If there's any indication you initiated the separation, you're likely to be disqualified for voluntary quit.

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This thread has been really eye-opening. I had no idea the process was so thorough.

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Better to know now than find out the hard way during an appeal hearing.

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If you're really struggling financially, there might be other resources available. Have you looked into food assistance, utility help, or job retraining programs? Sometimes there are better options than trying to get unemployment benefits.

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I haven't really explored those options. Do you know where I'd start looking for that kind of help?

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Start with 211 - just dial 2-1-1 and they can connect you with local resources. Also check WorkSource Washington for job training and placement services.

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My advice? Focus on finding a new job instead of trying to work the system. Even if you somehow got unemployment benefits, they're temporary and probably less than what you're making now. A new job is a permanent solution.

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You're absolutely right. I think I got focused on the wrong solution. Job hunting is definitely the way to go.

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Plus, having a job lined up gives you more negotiating power if layoffs do happen at your current place.

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Thanks everyone for all the advice and reality checks. I realize now that asking to be laid off is not a good strategy and could backfire badly. I'm going to focus on updating my resume and starting a proper job search instead. Better to be proactive about finding new opportunities than trying to game the unemployment system.

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Smart decision! Good luck with the job search.

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You'll be much better off in the long run taking this approach.

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If you do need to contact Washington ESD about anything in the future, remember that Claimyr service someone mentioned earlier. Could save you a lot of time on hold.

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