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Harmony Love

Can I draw unemployment if I get fired from my job in Washington state?

I'm really stressed about my job situation right now. My supervisor has been writing me up for small things and I'm worried they're building a case to fire me. If I do get terminated, would I be able to collect unemployment benefits through Washington ESD? I've been working at this company for almost 2 years full-time. I keep hearing conflicting information about whether you can get UI if you're fired vs if you quit. Can someone explain how this works in Washington state?

In Washington, you can typically collect unemployment if you're fired, but it depends on the reason. If you're terminated for 'misconduct' that's connected to your work, you might be disqualified. But if you're fired for performance issues, lack of work, or other reasons that aren't considered misconduct, you should be eligible for benefits. The key is whether Washington ESD determines it was misconduct or not.

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

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Misconduct usually means deliberate violation of company rules or standards. Being late occasionally or making honest mistakes typically wouldn't qualify as misconduct unless it's a pattern of willful disregard.

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Yes, you can definitely collect unemployment if fired in most cases. I was terminated from my last job for 'not being a good fit' and Washington ESD approved my claim without any issues. You'll need to file your initial claim online and they'll investigate the circumstances of your termination.

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

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Mine took about 3 weeks total. There was the one week waiting period plus they had to verify my employment and the reason for termination with my employer.

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I had a really hard time getting through to Washington ESD when I was dealing with my termination claim last year. Spent hours on hold trying to get answers. Finally found this service called Claimyr (claimyr.com) that actually got me connected to an agent. They have this demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Made the whole process so much easier than trying to call on my own.

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That sounds too good to be true. How does that even work?

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It's legit - they basically handle the calling and waiting for you, then connect you when an agent is available. Saved me literally hours of frustration.

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The most important thing is to file your claim as soon as possible after termination. Don't wait around trying to figure out if you'll be approved - let Washington ESD make that determination. You can always appeal if they deny your claim initially.

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Should I file even if I'm not 100% sure I'll qualify?

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Absolutely. The worst thing that happens is they say no, but at least you'll have your claim date established. Benefits are calculated from when you file, not when you're approved.

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This is correct. I waited two weeks to file thinking I wouldn't qualify and lost those two weeks of potential benefits when I was approved.

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depends on what you did wrong tbh. if you stole something or got in a fight or something serious like that you probably wont get benefits. but if its just performance stuff or personality conflicts you should be ok

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Nothing like that - just some tardiness and not meeting some performance metrics they set.

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That should be fine for unemployment eligibility. Performance issues aren't typically considered misconduct unless there's willful negligence involved.

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I got fired from my job at a restaurant for allegedly giving free food to friends (which I didn't do) and still got unemployment. Washington ESD looked at the evidence and determined there wasn't enough proof of misconduct. So even if your employer claims misconduct, you might still win if you can show otherwise.

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Did you have to go through an appeal process for that?

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No, they approved it on the initial determination. But I did have to provide my side of the story when they contacted me about the employer's response.

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Here's what Washington ESD will look at: whether your actions were deliberate violations of known company policies, whether you had prior warnings, and whether your employer had reasonable expectations. Simple performance issues or skills mismatches usually don't rise to the level of disqualifying misconduct.

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That's helpful. I did get written up but it was for being late, not anything intentionally harmful to the company.

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Chronic tardiness could potentially be misconduct if you were repeatedly warned and continued the behavior willfully. But it's very fact-specific and Washington ESD will consider all circumstances.

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Whatever you do, don't quit before they fire you! I made that mistake thinking it would look better and then had a much harder time getting benefits. Getting fired is actually better for unemployment purposes than quitting in most cases.

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Really? I was thinking about quitting to avoid the embarrassment.

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Don't do it! When you quit, you have to prove 'good cause' which is much harder than when you're fired. Let them terminate you if that's where it's heading.

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This is correct. Quitting makes you ineligible unless you can prove good cause connected to work. Being fired just requires them to prove misconduct, which is their burden.

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I've been through this process twice unfortunately. Both times I was approved even though my employers tried to claim misconduct. Washington ESD really does look at the facts objectively. Make sure you keep any documentation of your side of things - emails, performance reviews, witness statements if you have them.

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What kind of documentation helped you the most?

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Email communications showing I was trying to improve, any positive feedback I'd received, and documentation of the progressive discipline process. Showed I wasn't willfully violating policies.

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The phone system at Washington ESD is absolutely terrible when you need to speak to someone about your claim. I spent weeks trying to get through last year. Someone on here recommended Claimyr and it was a game changer - they got me connected to an actual person who could explain my eligibility.

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Is that expensive though? I'm already stressed about money.

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It's worth it when you consider the time and stress it saves. Much better than spending all day trying to get through on your own.

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Just want to add that if you do get denied initially, DON'T GIVE UP. The appeal process exists for a reason and many people win on appeal even after being denied. I was denied at first but won my appeal hearing and got all my back benefits.

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How long does the appeal process take?

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Mine took about 6 weeks from filing the appeal to getting the hearing decision. But I got retroactive benefits back to my original filing date.

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been fired 3 times in my career and got unemployment every time lol. washington is pretty generous with benefits compared to other states. as long as you werent doing anything really bad you should be fine

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Three times? What were the reasons if you don't mind me asking?

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layoffs twice and performance issues once. the performance one took longer to get approved but still went through eventually

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The Washington ESD website has a good section explaining misconduct vs non-misconduct terminations. Basically if you were trying to do your job but just couldn't meet expectations, that's usually not misconduct. Misconduct is more like theft, violence, intentional rule breaking, etc.

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I'll check that out. Do you remember what section of the website?

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Look under the 'Eligibility' section on the Washington ESD site. They have examples of what qualifies as misconduct and what doesn't.

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One thing to keep in mind is that your employer might contest your claim even if they don't have a strong case. They do this to try to keep their unemployment insurance rates down. Don't let that scare you - Washington ESD will still make an objective determination based on the facts.

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So even if they contest it, I could still win?

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Absolutely. Employers contest claims all the time. Washington ESD investigates and makes the final decision based on state law, not what your employer wants.

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My employer contested my claim too but I still got approved. They claimed I was fired for cause but couldn't provide evidence of willful misconduct.

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If you're worried about your case, you might want to talk to someone at Washington ESD directly. I know their phone lines are swamped, but there are services like Claimyr that can help you get through. Worth having that conversation before you assume you won't qualify.

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Yeah, I keep hearing about that service. Might be worth trying if I do get fired.

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Definitely. Better to get accurate information from an actual Washington ESD agent than to worry based on assumptions.

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Bottom line: in Washington state, you're innocent until proven guilty when it comes to unemployment eligibility. The burden is on your employer to prove misconduct, not on you to prove you deserve benefits. File your claim and let the system work.

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That makes me feel a lot better about the situation. Thank you everyone for all the helpful responses!

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Good luck with everything. Most people who get fired do qualify for benefits, so try not to stress too much about it.

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