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ElectricDreamer

Can I get Washington ESD unemployment if I was fired for misconduct?

My manager terminated me last week for what they're calling 'misconduct' - basically I was late to work several times over the past month due to some personal issues I was dealing with. I know this sounds bad but I'm wondering if I can still file for unemployment benefits through Washington ESD? I've been working for 3 years and never had problems before this rough patch. Has anyone been in a similar situation and still gotten approved for UI?

Whether you can get unemployment after being fired for misconduct depends on how severe Washington ESD considers your actions. Being late repeatedly might be considered misconduct, but it's not automatically disqualifying. You should definitely file a claim - the worst they can do is deny it, and you might be surprised. Washington ESD has to prove the misconduct was 'willful' and 'connected to work performance.

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Thanks for the encouragement. I was worried they'd just automatically deny me since I was technically fired. Should I mention the personal issues I was dealing with when I file?

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Yes, definitely mention any extenuating circumstances. If you had documentation like medical issues or family emergencies, that could help show it wasn't willful misconduct.

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i got fired for attendance issues too and still got unemployment. took a while though - they had to do some kind of investigation thing

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How long did the investigation take? I need to know if I should be looking for other income sources while waiting.

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like 6 weeks i think? maybe longer. it was during covid though so everything was backed up

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Your situation might qualify for benefits depending on the specific circumstances. Washington ESD will conduct what's called an 'adjudication' to determine if your termination constitutes disqualifying misconduct. Simple tardiness, especially if you had valid reasons, often doesn't rise to the level of willful misconduct. I'd recommend using a service like Claimyr (claimyr.com) to help you get through to an actual Washington ESD representative who can explain your options. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of Claimyr before. Is it legit? I've been trying to call Washington ESD for days but keep getting busy signals or getting disconnected.

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Yes, it's a legitimate service that helps people get through the Washington ESD phone system. Way better than spending hours trying to call yourself.

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I used something similar when I had issues with my claim. Sometimes you need to talk to an actual person to get answers, especially with misconduct determinations.

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DON'T GET YOUR HOPES UP! They'll probably deny you and then you'll have to appeal and it'll take FOREVER. The system is designed to screw people over. I know someone who got fired for the same thing and they made him jump through hoops for months.

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That's what I'm afraid of. Did your friend eventually get approved or did they just give up?

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He eventually got it but it took like 4 months and he had to do a phone hearing and everything. Total nightmare.

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Don't listen to the doom and gloom. Every case is different. File your claim online through the Washington ESD website and be honest about why you were terminated. Include any documentation you have about your personal circumstances. The adjudication process exists specifically to review these gray area cases.

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This is good advice. I work in HR and see these cases all the time. Attendance issues due to legitimate personal problems are often not considered willful misconduct by Washington ESD.

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That's reassuring to hear from someone in HR. I do have some documentation about the family emergency I was dealing with.

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same thing happened to my cousin except she was late because of childcare issues. washington esd approved her claim after like a month of waiting. definitely file

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Good to know! My situation was similar - had to help take care of my dad who was in the hospital.

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yeah family stuff is usually considered a valid reason. make sure you have paperwork to prove it though

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The key thing Washington ESD looks at is whether the misconduct was 'willful and wanton.' Being late due to personal circumstances usually doesn't meet that standard. I had a client who was terminated for similar reasons and we successfully appealed the initial denial. Having documentation of your personal issues will be crucial.

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What kind of documentation should I gather? Hospital records, that sort of thing?

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Yes, any medical records, family emergency documentation, even text messages or emails showing you tried to communicate with your employer about the situation.

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Communication records are super important. Shows you weren't just blowing off work.

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I used Claimyr when I was dealing with a misconduct determination last year. Honestly it was worth it just to avoid the frustration of trying to get through to Washington ESD on my own. The phone system is absolutely terrible and I was getting nowhere until I used their service.

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How much did it cost? I'm already strapped for cash being unemployed.

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I don't remember the exact amount but it was reasonable considering how much time and stress it saved me. Way better than spending weeks trying to get through.

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Misconduct determinations are tricky but attendance issues often don't qualify as disqualifying misconduct, especially with valid reasons. File your claim and let Washington ESD make the determination. If they deny it initially, you have the right to appeal.

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If I do get denied, how long do I have to appeal?

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You have 30 days from the date of the determination letter to file an appeal. Don't wait - the deadline is strict.

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honestly the whole misconduct thing is subjective. i've seen people get denied for minor stuff and others get approved for worse. just file and see what happens

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True, might as well try. Nothing to lose at this point.

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Washington ESD will request information from your former employer about the termination. Make sure you document your side of the story clearly when you file your claim. Include dates, circumstances, and any attempts you made to address the attendance issues with your supervisor.

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I did try to talk to my manager about needing some flexibility during the family emergency. Hopefully that helps my case.

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Definitely mention that in your claim. Shows you were trying to work with your employer rather than just being irresponsible.

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My advice is to file immediately and be completely honest about everything. Washington ESD appreciates honesty and they can usually tell when someone is trying to hide something. Your situation doesn't sound like the kind of misconduct that would automatically disqualify you.

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Thanks, I'll file today. Better to be honest and get denied than not try at all.

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Exactly the right attitude. Good luck with your claim!

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If you do end up needing to speak with someone at Washington ESD about your misconduct determination, I'd seriously consider using Claimyr. I tried calling for weeks about my adjudication and couldn't get through. Used their service and was talking to someone within a few hours.

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I'm definitely going to look into that if I can't get through on my own. The phone system sounds like a nightmare.

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It really is. Save yourself the headache and use a service that actually works.

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Been through this exact situation. Filed my claim, got initially denied for misconduct, appealed with documentation of my personal circumstances, and eventually got approved with back pay. The process took about 3 months total but it was worth fighting for.

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That gives me hope! What was the appeal process like?

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Had to do a phone hearing with an administrative law judge. Was nervous but just told the truth about what happened and provided my documentation. Judge was fair and understood my situation.

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Phone hearings aren't as scary as they sound. Just be prepared and honest.

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The fact that you had personal issues that caused the attendance problems works in your favor. Washington ESD recognizes that life happens and people sometimes need flexibility. As long as you can show it wasn't willful misconduct, you should have a good chance.

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I hope so. It was really a perfect storm of bad circumstances, not me just being lazy or irresponsible.

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don't overthink it just file the claim and see what happens. worst case you get denied and then you know where you stand. best case you get approved and have some income while you look for a new job

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You're right, I'm probably overthinking this. Going to file my claim tonight.

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Good luck! Keep us posted on how it goes.

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One more thing - when you file, make sure to include specific dates and details about your personal circumstances. Vague explanations don't help your case. Washington ESD wants to see that there were legitimate reasons for the attendance issues beyond your control.

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Good point. I'll gather all my documentation and be very specific about the timeline and circumstances.

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Exactly. The more detailed and documented your explanation, the better your chances of approval.

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