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Charlotte Jones

Can I get Washington ESD unemployment if I was let go from my job?

My supervisor called me into the office yesterday and said they were letting me go due to 'performance issues' but honestly I think it was because I questioned some of their unsafe practices at the warehouse. I've been working there for 8 months and never had any formal write-ups or warnings. Can I still file for unemployment benefits through Washington ESD if I was terminated? I'm really worried they'll deny my claim since technically I was fired.

Yes, you can absolutely file for UI benefits even if you were terminated. Washington ESD looks at whether you were fired for 'misconduct' specifically. Performance issues usually don't qualify as misconduct unless there was willful violation of company policy. The fact that you had no formal warnings works in your favor.

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That's a relief to hear. Should I mention the safety concerns I raised or just focus on the performance thing?

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Definitely mention the safety concerns during your initial claim interview. That could actually strengthen your case if it appears to be retaliation.

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I was in a similar situation last year - got let go for 'attitude problems' but really it was because I complained about harassment. Filed my claim right away and it took about 3 weeks to get approved. Washington ESD sided with me once they heard both sides of the story.

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How long did the whole process take? I'm worried about paying my bills while waiting.

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The adjudication took 3 weeks but I got backpay for those weeks once approved. File as soon as possible since you can't get benefits for time before you apply.

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File immediately but be prepared for it to go into adjudication since your employer will likely contest it. I had such a hard time getting through to Washington ESD during my adjudication period - spent hours on hold every day. Finally found this service called Claimyr that actually got me through to a real person at Washington ESD. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works.

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Is that service legit? Seems too good to be true honestly.

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I was skeptical too but it actually worked. Got connected to an Washington ESD rep within 20 minutes instead of waiting on hold for hours.

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I might need to try that if my claim gets contested. Thanks for sharing!

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Just remember you'll need to start doing your weekly claims right away even while the adjudication is pending. And keep track of all your job search activities because Washington ESD requires 3 job contacts per week.

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Wait, I have to look for work immediately? I thought I'd have some time to figure things out.

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Nope, job search requirement starts right away. Use WorkSourceWA to track everything - Washington ESD checks that system.

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THE SYSTEM IS RIGGED!!! They'll find any excuse to deny your claim and then make you wait months for an appeal. I got fired for being 5 minutes late ONCE and they called it 'attendance misconduct' - took 4 months to get my benefits!

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That's frustrating but not typical. Most termination cases that aren't clear misconduct get approved within a few weeks.

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Maybe YOUR case was easy but some of us have to fight tooth and nail for what we deserve!

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I'm going through something similar right now - got terminated for 'not meeting expectations' after 6 months. My claim has been in adjudication for 2 weeks already and I'm getting really anxious about it.

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Did you have any written warnings or documentation?

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Nothing formal, just verbal feedback here and there. That's why I'm hoping Washington ESD will approve it.

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Sounds like you have a good case. Verbal feedback isn't the same as documented misconduct.

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Make sure you have all your documentation ready - pay stubs, any emails about the termination, employee handbook if you have it. Washington ESD will want to see everything during the fact-finding interview.

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Good point, I should gather all that stuff before I file. Do I need anything else?

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Your Social Security card and ID for the application. And write down exactly what happened while it's fresh in your memory.

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honestly this is why I never complain about anything at work anymore... too risky. but yeah you should definitely file, sounds like wrongful termination to me

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Workers shouldn't have to stay silent about legitimate safety concerns. That's exactly what whistleblower protections are for.

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I couldn't just ignore people getting hurt. Some things are more important than keeping your head down.

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You mentioned unsafe practices - document everything you can remember about those incidents. If Washington ESD sees a pattern of retaliation for legitimate complaints, it strengthens your case significantly.

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I actually have some photos on my phone from when I reported the broken safety equipment. Should I include those?

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Absolutely! That's excellent evidence that your complaints were legitimate and not just 'performance issues.

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File online through secure.esd.wa.gov - it's way faster than calling. Just make sure you have all your employment history for the last 18 months ready.

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Thanks! I was wondering if I should call or file online.

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Online is definitely the way to go. You can do it 24/7 and don't have to wait on hold.

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This happened to my brother too - 'performance issues' right after he complained about wage theft. His claim got approved because Washington ESD could see the timing was suspicious. Document everything and be honest about the safety concerns.

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How long did your brother's case take to resolve?

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About 4 weeks total including adjudication. But he got backpay for the whole period once it was approved.

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I used Claimyr too when I couldn't get through to Washington ESD about my pending claim. Worth every penny when you're stressed about money and can't get answers any other way.

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How much does that service cost? My finances are pretty tight right now.

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It's reasonable compared to the stress of calling Washington ESD dozens of times. Check their website for current pricing.

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Just remember that even if your employer contests your claim, that doesn't mean you'll be denied. Washington ESD makes the final decision based on all the facts, not just what your employer says.

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That's good to know. I was worried they'd automatically side with the employer.

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Nope, Washington ESD is pretty neutral. They investigate both sides thoroughly before making a decision.

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Same thing happened to me at a different warehouse - complained about safety violations and suddenly I was 'not a good fit.' Filed immediately and got approved after adjudication. The timing of your termination after raising concerns will definitely be noted by Washington ESD.

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Did you mention the safety issues in your initial application or wait for the interview?

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I mentioned it briefly in the application and then gave full details during the fact-finding call. Be prepared to explain exactly what safety concerns you raised.

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whatever you do dont wait around hoping they'll call you back or something. file that claim TODAY if you can. every day you wait is money you cant get back

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You're right, I'm going to file tonight. No point in waiting anymore.

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Make sure you understand the difference between being fired for cause versus being laid off. Sounds like your situation is somewhere in between, which is exactly what adjudication is designed to sort out.

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They definitely said it was for performance, not a layoff. But like I said, I think it was really about the safety complaints.

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That's good context for Washington ESD. The distinction matters a lot for your eligibility.

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I hate when employers pull this stuff! Fire someone for bogus reasons and then try to deny their unemployment. At least Washington ESD usually sees through it if you present your case well.

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I'm hoping they'll see it for what it really was. The timing is just too suspicious.

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Quick tip - when you do your fact-finding interview with Washington ESD, stick to the facts and don't get emotional about it. Present your side clearly and let them draw their own conclusions about whether it was legitimate performance issues or retaliation.

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Good advice. I tend to get worked up about unfair treatment but I'll try to stay calm and professional.

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Exactly. The facts speak for themselves - no formal warnings, good work history, termination right after safety complaints. Just present it logically.

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One more thing - if your claim does get denied initially, don't panic. You have appeal rights and lots of people win on appeal even if the initial determination goes against them.

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How long do you have to file an appeal?

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30 days from the date of the determination letter. But hopefully it won't come to that given your circumstances.

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