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Liv Park

Can I get Washington ESD unemployment if I get fired for performance issues?

I'm really worried about my job situation right now. My supervisor has been giving me a hard time about my performance for the past few months and I think they might fire me soon. I've been trying to improve but honestly the workload is insane and I don't think anyone could keep up. If they do fire me for performance reasons, will I still be able to collect unemployment benefits through Washington ESD? I really need to know because I have rent and bills to pay. Has anyone been through this before?

Yes, you can typically get unemployment benefits even if you're fired for performance issues. Washington ESD distinguishes between being fired for performance problems versus being fired for misconduct. Poor performance usually isn't considered misconduct unless it's willful or intentional.

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That's a relief to hear! I've been so stressed about this. What exactly counts as misconduct then?

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Misconduct would be things like stealing, harassment, repeatedly violating company policy after warnings, or deliberately not doing your job. Just struggling to meet performance standards isn't misconduct.

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I went through this exact situation last year. Got fired for not meeting sales targets and Washington ESD approved my claim. The key is that they look at whether you were trying to do your job or if you were just being lazy or insubordinate.

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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 because they had to do an adjudication to review the circumstances. My employer tried to contest it but Washington ESD sided with me since I had documentation showing I was trying to improve.

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Document everything! Keep records of any performance reviews, improvement plans, or communications about your performance. If your employer contests your unemployment claim, this documentation will be crucial for the adjudication process.

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I have some emails saved but not much else. Should I start keeping better records now?

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Absolutely! Save anything that shows you were making an effort to meet expectations. Even emails asking for clarification or help can demonstrate good faith effort.

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Just be prepared that your employer might contest the claim. When I got fired for performance, my boss tried to make it sound like misconduct during the Washington ESD investigation. Had to have a phone hearing and everything.

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Oh no, that sounds stressful. Did you win the hearing?

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Yeah I did, but only because I had good documentation. The hearing officer could tell the difference between poor performance and actual misconduct. Took forever to get through to Washington ESD though - their phone lines are always busy.

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I had the same problem with getting through to Washington ESD. Ended up using Claimyr to help me get connected faster. They have this system that calls for you and gets you through to an actual agent. Saved me hours of trying to call myself.

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wait can they really fire you just for not being good enough at your job? that seems unfair

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Unfortunately yes, Washington is an at-will employment state so employers can fire you for almost any reason including poor performance. But that's exactly why we have unemployment insurance.

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thats crazy. so basically you can lose your job even if youre trying your best?

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Been there, done that. Got canned from my last job for 'not meeting productivity standards' which was just corporate speak for we want to get rid of you. Filed for unemployment the next day and got approved without any issues. The key is being honest on your application about why you were fired.

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What should I put on the application if they ask why I was terminated?

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Just be straightforward - 'terminated for performance issues' or whatever they tell you. Don't try to sugarcoat it or make it sound like something else. Washington ESD will figure out the truth anyway.

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My friend got fired for performance and they made her wait like 6 weeks before she got any money because the employer contested it. She was freaking out about bills and rent the whole time.

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Six weeks?! I can't afford to wait that long. Is there anything you can do to speed up the process?

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If there's going to be an adjudication, you can try calling Washington ESD to check on the status, but good luck getting through. Their phone system is a nightmare.

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That's where Claimyr really helped me out. Instead of spending hours trying to get through to Washington ESD, I just used their service and they connected me with an agent in like 20 minutes. You can check out their demo video at https://youtu.be/7DieNd3C7zQ to see how it works. Super helpful when you need to talk to someone about your claim status.

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The unemployment system is such a joke. They make it so hard to get benefits even when you legitimately qualify. And don't get me started on trying to reach anyone at Washington ESD by phone.

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I'm already dreading having to deal with all this bureaucracy. Why does it have to be so complicated?

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Because they want to discourage people from filing claims and save money. It's all about making it as difficult as possible so people give up.

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Don't let them scare you out of filing. I was fired for performance issues at my warehouse job and got full benefits. The important thing is that you weren't fired for doing something wrong on purpose.

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That gives me hope. I really am trying my best at work, I just think the expectations are unrealistic.

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Exactly! Washington ESD understands that sometimes people just aren't a good fit for a job or the employer has unrealistic expectations. That's not your fault.

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File as soon as you get fired, don't wait. Even if there's going to be an investigation, you want to get your claim in the system right away. You can always appeal if they deny you initially.

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Good advice. I'll file immediately if it happens. How do I know if my employer is going to contest it?

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You won't know until Washington ESD contacts you about it. They'll send you a notice if there's going to be an adjudication hearing. Just be prepared with your documentation.

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also make sure you understand the job search requirements if you do get approved. you have to be actively looking for work and keep a log of your job search activities

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What kind of job search activities do they require?

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you need to make at least 3 job search contacts per week and keep records. can be applying online, contacting employers directly, going to job fairs, stuff like that

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This whole thread is giving me flashbacks to when I got fired. The worst part was not knowing if I'd get benefits approved and having to stress about money on top of everything else. At least unemployment exists though, even if the process sucks.

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Yeah I'm already stressed enough about potentially losing my job, and now I have to worry about navigating the unemployment system too.

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Just take it one step at a time. File your claim, gather your documentation, and be honest about everything. Most people who get fired for performance do end up getting approved.

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Can confirm that getting fired for performance usually qualifies you for unemployment. I work in HR and we rarely contest these types of claims unless there was clear misconduct involved. Most companies know that poor performance alone isn't grounds to deny benefits.

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That's reassuring coming from someone in HR. Do you think my employer would have a case if they say I wasn't following procedures?

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Depends on the specifics. If you were genuinely trying to follow procedures but making mistakes, that's still performance-related. If you were deliberately ignoring procedures after being told to follow them, that could be misconduct.

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Whatever you do, don't quit before they fire you thinking it will look better. If you quit, you won't qualify for unemployment at all unless you have a really good reason.

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I definitely won't quit. I need this job until I can find something else, even if my boss is making my life miserable.

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Smart move. Even if the job situation is terrible, getting fired for performance is way better for unemployment purposes than quitting.

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The adjudication process isn't as scary as it sounds. They just need to investigate the circumstances of your termination to make sure you qualify. As long as you're honest and have documentation, you should be fine.

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How long does adjudication usually take? I keep hearing different timeframes.

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Typically 2-4 weeks but it can be longer if they need to schedule a hearing. You can try calling Washington ESD to check on the status, though their phone lines are always swamped.

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Yeah good luck getting through to them. I tried calling for weeks before I found Claimyr. They basically call Washington ESD for you and get you connected to an actual person. Check out claimyr.com if you need to talk to someone about your claim.

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Just want to add that even if your employer contests your claim, don't panic. The burden is on them to prove misconduct, not on you to prove you deserve benefits. Washington ESD generally gives claimants the benefit of the doubt in performance-related cases.

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That makes me feel a lot better. I was worried I'd have to prove I wasn't doing anything wrong.

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Nope, they have to prove you were doing something wrong on purpose. Big difference between can't do the job and won't do the job.

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been following this thread and wanted to share that i got fired for performance last month and my claim was approved in 2 weeks with no issues. employer didn't even contest it. sometimes people overthink these things

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That's great to hear! Maybe I'm worrying about nothing. Did you have to do anything special when you filed?

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nope just answered the questions honestly and uploaded the termination letter they gave me. pretty straightforward actually

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The bottom line is that unemployment insurance exists for situations exactly like this. You pay into the system through your paychecks, so don't feel bad about using it when you need to. Performance issues happen and that's why we have this safety net.

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Thanks for saying that. I do feel guilty about potentially collecting unemployment but you're right that I've been paying into it.

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Exactly! It's insurance, not welfare. You've earned the right to use it if you lose your job through no fault of your own.

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