Can I collect Washington ESD unemployment if I get fired from my job?

That's a relief to hear. It's definitely performance related, not misconduct. I've been struggling to meet their sales targets but I haven't done anything dishonest or inappropriate.

Just make sure you document everything too. If they try to claim misconduct when you file your claim, you'll want evidence it was really performance.

What counts as misconduct though? I've been late a few times but nothing major.

Being late occasionally usually isn't considered willful misconduct unless it's excessive and you were warned multiple times. Washington ESD looks at whether your actions were deliberate and violated reasonable employer expectations.

What exactly counts as misconduct? I've been late a few times and made some mistakes, but nothing really serious.

Being late occasionally or making honest mistakes usually isn't considered misconduct. Washington ESD looks for deliberate violations of company policy or behavior that shows willful disregard for your employer's interests.

How do I know if Washington ESD considers what I did as misconduct? Like what's the line between poor performance and misconduct?

Misconduct is usually willful or deliberate actions - like violating company policy on purpose, being dishonest, or refusing to do your job. Missing sales goals or struggling with tasks isn't misconduct.

How did you end up reaching them? I've heard the phone system is terrible.

I ended up using this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have this video demo that shows how it works: https://youtu.be/7DieNd3C7zQ. Saved me hours of frustration trying to call myself.

That's somewhat reassuring. I did get written up twice for tardiness but both times were because my car wouldn't start. Does that count as willful misconduct?

Probably not if you can document the car issues. Keep any repair receipts or towing records. Washington ESD considers whether you had control over the situation.

That's reassuring to hear. What exactly does Washington ESD consider misconduct? I haven't stolen anything or been violent or anything like that.

Misconduct for Washington ESD unemployment purposes is usually things like theft, violence, willful violation of company policy, or gross negligence. Performance issues alone rarely disqualify you.

How long did it take for your claim to get approved after you filed?

Mine went through pretty quick, maybe 2 weeks. But I've heard others wait longer if there's an adjudication issue.

How long does that adjudication process usually take? I'm worried about paying bills while they investigate.

Adjudication can take anywhere from 2-6 weeks depending on how complex your case is and how quickly Washington ESD can get information from your employer.

How long did it take for your claim to get approved? I'm worried about the wait time.

Mine took about 3 weeks because it went to adjudication. They had to review the circumstances of my termination, but once they determined it wasn't misconduct, I got approved and received back pay.

How long did it take for them to decide? I'm worried about the waiting period while they investigate.

Mine took about 3 weeks for the adjudication to complete. They had to contact my employer and get their side of the story.

Is that legit? Sounds too good to be true.

Yeah it's real, I was skeptical too but it actually worked. Way better than sitting on hold for hours or getting disconnected.

I've heard good things about Claimyr from other people dealing with Washington ESD phone issues. Sometimes you really need to talk to a human to sort things out.

It's because unemployment insurance is meant to help people who lose their job through no fault of their own. If you quit voluntarily, that's your choice. If you're fired for reasons beyond your control, you need the safety net.

ok that makes sense when you put it that way

Is that legitimate? I've never heard of paying someone to help you call a government agency.

Yeah it's real. I was skeptical too but desperate after trying to call Washington ESD for days. They just automate the calling process so you don't have to sit there hitting redial.

I might need to try that too. I've been trying to reach them about my own claim for weeks.

Did your employer try to fight your claim? I'm worried mine might since they've been documenting my performance issues.

Yeah they contested it but I won the appeal. I had to explain my side of the story and provide documentation showing I was trying to improve.

Thanks for the tip! How much does that service cost? I'm already worried about money.

It's worth checking out their site for details, but honestly it saved me so much stress not having to redial Washington ESD hundreds of times. Sometimes you just need to talk to someone who can explain what's happening with your claim.

How much does that cost? I'm already broke and can't afford to pay for something like that.

It's worth checking out their site for details, but honestly after spending weeks trying to get through on my own, it was a lifesaver. Much better than sitting on hold for hours.

Did you appeal the decision? That sounds like it could be overturned if there wasn't clear misconduct.

Yeah I appealed and eventually won but it took 2 months! Meanwhile bills kept coming...

Good point. I do have some emails where my supervisor was trying to help me improve, so maybe that would help show I wasn't being willfully negligent.

Exactly! Washington ESD wants to see that you were making a good faith effort. Those emails could be really helpful if your claim gets contested.

While some employers do contest claims unnecessarily, Washington ESD does a pretty thorough job investigating each case to make sure benefits go to people who qualify.

maybe but it still puts people through weeks of stress while they wait for adjudication

What happens during the investigation? Do I need to provide documents or anything?

They'll contact both you and your employer to get statements. Sometimes there's a phone interview. Just be honest about what happened and stick to the facts.

And if they deny your claim initially, you can appeal! Don't give up if the first decision doesn't go your way.

What kind of documentation should I gather? I don't have much paperwork from work.

Anything showing the reasons for your termination, proof of issues beyond your control (like car repairs), and your work history. Even text messages about calling in sick can help.

What kind of questions do they ask during adjudication?

They'll ask about the specific incidents that led to your termination, whether you received warnings, if you had a chance to improve, etc. Just be truthful about everything.

What if they claim it was for cause but I disagree? Do I have any recourse?

Absolutely, you can file an appeal if your claim is denied. You'll have a hearing where you can present your side of the story and provide evidence.

How soon after getting fired should I file? Is there a deadline?

File as soon as possible. You can file online through the Washington ESD website, and the sooner you file, the sooner your claim can be processed.

Were you getting written up for the attendance before they fired you?

yeah had a couple warnings but nothing formal. they said it was 'performance related' on my termination paperwork

I'll definitely check that out. Thanks for the tip about their website having that info.

Have you tried calling them to check the status? I'm dreading having to deal with their phone system.

I've tried calling dozens of times but either get busy signals or get disconnected after being on hold for hours. It's incredibly frustrating.

This is exactly why I ended up using Claimyr. The Washington ESD phone system is impossible to get through on your own.

That's not accurate. Washington ESD approves many claims where people were terminated, as long as it wasn't for misconduct. The law is on the worker's side if the firing wasn't for willful violations.

Exactly. Being fired for poor performance or attendance issues that weren't intentional is different from being fired for theft or insubordination.

This is good advice. I thought I wouldn't qualify after getting fired but ended up being approved.

How quickly should I file after getting terminated?

File as soon as possible. There's a waiting week anyway, so the sooner you file, the sooner you can start receiving benefits if approved.

What are the current job search requirements for Washington ESD? I haven't had to look for work in 2 years.

You need to make at least 3 job search contacts per week and keep detailed records. Washington ESD can audit your job search activities at any time.

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

You have 30 days from the date on the determination notice to file an appeal with Washington ESD. Don't miss that deadline!

Good point, I'll file right away if it happens. Is there a waiting period before benefits start?

There's usually a one-week waiting period before you start receiving payments, but you still need to file your weekly claim for that week.

I don't have any written warnings, just verbal ones. Will that hurt my case?

Actually that might help you. If they didn't document issues properly, it could work in your favor during adjudication.

How long does the appeal process take? I can't afford to be without income for months.

Mine took about 6 weeks total including the hearing. But you should file right away regardless because there's a waiting week before benefits start anyway.

That's exactly what I'm worried about - not meeting their sales expectations. Good to hear you got approved though.

Yeah, as long as you weren't doing anything intentionally wrong, you should be fine. The phone situation is still terrible though - I eventually had to get help from one of those callback services.