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Tami Morgan

Can I get Washington ESD unemployment if I get fired for background check issues?

Got hired at a warehouse job three weeks ago and everything was going great until HR called me in yesterday. They said my background check came back with some issues and they're letting me go effective immediately. The thing is, I disclosed everything on my application that I thought was relevant - just some old misdemeanor stuff from like 6 years ago. Now I'm wondering if I can file for unemployment benefits through Washington ESD or if getting fired for a background check automatically disqualifies me? I really need the income while I look for something else. Has anyone been in this situation before?

You can definitely apply for Washington ESD benefits. Getting fired for a background check doesn't automatically disqualify you, especially if you were honest about your history. The key is whether you were terminated for misconduct or not.

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That's what I was hoping to hear. I was completely honest about everything so I don't think it should count as misconduct on my part.

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agreed, if you disclosed what you knew about then you did your part

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Washington ESD will look at the specific circumstances of your termination. If the employer had policies about background checks that weren't clearly communicated to you, or if there was a delay in processing that wasn't your fault, you have a good chance of getting benefits approved.

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They never gave me a clear timeline for when the background check would be completed. I just assumed it was done when they let me start working.

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That's pretty typical - most places let you start before the background clears. Sounds like their process was unclear.

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File your claim right away! I had something similar happen and Washington ESD approved my benefits. The adjudication process took about 2 weeks but they ultimately ruled in my favor because I hadn't committed any workplace misconduct.

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How long did the whole process take from filing to getting your first payment?

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About 3 weeks total including the adjudication delay. Just make sure you keep filing your weekly claims even during adjudication.

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I went through this exact situation last year and had trouble reaching anyone at Washington ESD to check on my claim status. If you run into that problem, I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made the whole process way less stressful.

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Thanks for the tip! I'll keep that in mind if I have trouble getting through to someone.

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Never heard of that but good to know there are options if the phone lines are jammed up

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washington esd usually sides with workers in background check situations unless there was obvious fraud involved. you should be fine

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That's reassuring. I definitely didn't commit any fraud - just some confusion about what needed to be disclosed.

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Make sure you have documentation of what you disclosed to the employer. Washington ESD might ask for proof that you were honest during the hiring process.

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Good point. I should have a copy of my application somewhere with what I wrote down.

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Yes, keep any emails or documents related to the hiring process. That stuff can be really helpful during adjudication.

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The worst part about this kind of termination is how sudden it is. At least with unemployment you'll have some income while you search for a new job that's a better fit.

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Exactly! I was totally blindsided. One day everything was fine, the next day I'm out the door.

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That happened to my brother too. These companies really need to be more upfront about their timelines.

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Question - did they give you any written documentation about why you were terminated? That could be important for your Washington ESD claim.

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They just said it verbally in the meeting. Should I ask for something in writing?

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It's worth asking, but don't worry if they won't provide it. Washington ESD can contact the employer directly for details during their investigation.

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honestly the background check system is so messed up these days. companies take forever and then act surprised when stuff comes up that was already disclosed

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Right? I told them about my history upfront but apparently the background check company found additional details or something.

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Those third-party background check companies are notorious for finding stuff that's not even relevant to the job

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File your Washington ESD claim today if you haven't already. There's usually a waiting week anyway so the sooner you start the process the better.

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I'm planning to file this afternoon. Just wanted to make sure I wasn't wasting my time if background check firings were automatic disqualifications.

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Similar thing happened to me but it took weeks to resolve because I couldn't get through to Washington ESD on the phone. Their call volume is insane. That Claimyr service someone mentioned earlier actually worked for me too - saved me hours of redialing.

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Good to know there are backup options if I can't get through the normal way.

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Yeah, Claimyr was a lifesaver when I was dealing with my adjudication. Way better than sitting on hold for hours.

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Make sure you understand the difference between being fired 'for cause' vs. being let go due to circumstances beyond your control. Background check issues usually fall into the second category.

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That makes sense. I wasn't fired for poor performance or violating any workplace rules.

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Exactly. Washington ESD looks at whether the termination was due to misconduct, not just whether you were technically 'fired.

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Don't let this discourage you from being honest on future applications. Most employers appreciate transparency even if this one didn't handle the situation well.

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Thanks for saying that. I was starting to wonder if I should have just not mentioned anything.

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No, being honest is always the right call. Better to lose a job for honesty than get fired later for lying.

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If your claim goes into adjudication, don't panic. It just means Washington ESD needs to investigate the circumstances. As long as you were truthful, you should be approved.

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How long does adjudication usually take? I need to know for budgeting purposes.

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Mine took about 2-3 weeks, but I've heard it can vary depending on how backed up they are.

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THE WHOLE BACKGROUND CHECK SYSTEM IS A SCAM! They drag their feet for weeks then fire people for stuff that has nothing to do with the job!

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I'm definitely frustrated but just trying to focus on getting through the unemployment process right now.

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I get the frustration but at least in Washington state the unemployment system usually protects workers in these situations

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Keep documentation of your job search efforts too. Washington ESD requires you to look for work while collecting benefits and they might ask for your job search log.

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Good reminder. I'll start keeping track of applications and contacts right away.

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You mentioned this was a warehouse job - those types of positions usually have pretty standard background check requirements. If they weren't clear about their specific standards, that works in your favor.

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Yeah, they never spelled out exactly what would disqualify someone. Just said they do background checks.

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That lack of clarity definitely strengthens your case for unemployment benefits.

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I tried to help my friend with a similar situation and we spent forever trying to reach Washington ESD by phone. Eventually found out about this Claimyr thing that actually gets you through to a real person. Might be worth looking into if you hit roadblocks.

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Several people have mentioned that service now. I'll definitely check it out if I need help getting through.

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The good news is that Washington ESD is generally pretty fair about these kinds of situations. Just be honest in your application and provide any documentation you have.

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Thanks everyone for all the advice. I feel much better about filing now.

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You've got this! Just file soon and keep up with your weekly claims. You should be approved without too much trouble.

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Update us on how it goes! Always curious to hear how these background check cases turn out with Washington ESD.

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Will do! I'll try to remember to post an update once everything gets resolved.

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I went through something very similar about 8 months ago. Got let go from a retail job after their background check flagged an old charge I thought I had disclosed properly. Washington ESD approved my claim after about 10 days - no adjudication needed. The key thing that helped me was having screenshots of the job application where I checked "yes" to having a criminal history and provided details in the explanation box. Even though the background check company found additional details I wasn't aware of, ESD ruled that I had made a good faith effort to be honest and that the termination wasn't due to workplace misconduct. Definitely apply ASAP and gather any evidence you have of your disclosure during the hiring process.

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