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Ana Erdoğan

Can I get unemployment if I was fired for being late in Washington?

Got terminated last week from my warehouse job because I was late too many times over the past few months. My supervisor said it was 'misconduct' but honestly the bus schedule in my area is terrible and I was only late by like 10-15 minutes most times. I've been working there for almost 2 years and this is my first real job issue. Can I still file for unemployment benefits with Washington ESD or am I screwed? I really need the income while I look for something else.

You can definitely still apply! Being late isn't automatically disqualifying misconduct. Washington ESD looks at whether your actions were willful and deliberate versus circumstances beyond your control. Transportation issues can be a valid reason, especially if you can document the bus problems.

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That's good to hear. I do have screenshots of the bus app showing delays almost every day. Should I include those when I file?

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Yes absolutely! Any documentation that shows the transportation issues were outside your control will help your case.

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File immediately don't wait. The worst they can say is no but you might be surprised. I got approved after being fired for attendance issues because I could prove it was due to my car breaking down repeatedly.

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How long did it take for them to decide? I'm worried about the adjudication process taking forever.

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Mine took about 3 weeks but that was last year. I hear it's faster now but you never know with Washington ESD.

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I had a similar situation and ended up using Claimyr to get through to an Washington ESD agent when my claim went into adjudication. The site is claimyr.com and they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me weeks of trying to call and getting busy signals.

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Is that service legit? I've never heard of it before but I'm desperate to talk to someone at Washington ESD.

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Yeah it's real. They basically handle the calling for you so you don't have to sit on hold forever. Worked for me when I needed to explain my firing circumstances.

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I used Claimyr too when my claim was pending for weeks. Much better than trying to call yourself and getting hung up on constantly.

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Washington ESD will look at the pattern and severity of your tardiness. If you were consistently late despite warnings, they might consider it misconduct. But if you can show it was due to circumstances beyond your control like unreliable public transit, you have a good chance.

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I did get written up twice but only because my manager said she had to document it. I explained about the bus issues each time.

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The fact that you explained the transportation issues and they're documented in your write-ups actually helps your case. It shows you weren't just being careless.

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same thing happened to my brother except he was late because of daycare dropoff issues. Washington ESD approved his benefits because he could prove it wasnt willful misconduct

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That gives me hope! Did he have to appeal or did they approve it right away?

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it went to adjudication first but got approved after like a month. he provided documentation about the daycare schedule

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Make sure when you file your claim you're very detailed about the transportation issues in the reason for separation section. Don't just say 'attendance problems' - explain the specific circumstances that caused the tardiness.

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Good point. I'll make sure to be specific about the bus route problems and how I tried to address them.

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Also mention if you ever tried to find alternative transportation or adjust your schedule. Shows you made an effort.

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The Washington ESD misconduct standard is pretty high. They have to prove you deliberately violated company policy knowing it could lead to termination. Transportation issues usually don't meet that standard.

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That makes sense. I definitely wasn't trying to be late on purpose, it was just the reality of depending on public transit.

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Exactly. Document everything you can about the bus delays and your attempts to resolve the issue. That will be key if it goes to adjudication.

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UGH the whole misconduct thing is so subjective. I got denied for being 5 minutes late three times even though I had medical appointments that ran over. Still fighting it with an appeal.

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That sucks! Did you have documentation for the medical appointments?

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Yeah but Washington ESD said I should have requested schedule accommodation from my employer first. So frustrating.

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That's why it's important to show you tried to address the issue beforehand. Did you ever talk to your supervisor about adjusting your start time?

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File online through SecureAccess Washington as soon as possible. Even if you're not sure you'll qualify, it's better to have the claim in the system. You can always provide additional documentation later.

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Already started the application but got nervous about the separation reason part. I'll go back and be more detailed like everyone suggested.

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Good call. The more specific you are upfront, the less likely it is to drag out in adjudication.

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My coworker got unemployment after being fired for attendance. The key was showing she tried to fix the problem by talking to management about flexible scheduling but they refused to work with her.

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I did ask about starting 30 minutes later to account for the bus schedule but my manager said company policy wouldn't allow it.

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Perfect! Make sure to mention that when you file. Shows you were proactive about finding a solution.

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How long do you have to file after being terminated? I thought there was some kind of deadline.

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You should file as soon as possible but you generally have up to a year to file a claim. However, benefits only start from when you file, not when you were terminated.

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Yeah I read that too. That's why I'm trying to get my application finished this week.

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transportation issues are totally valid grounds for unemployment benefits if your employer wouldnt work with you on accommodations. I had similar situation with unreliable childcare and got approved

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Did you have to provide a lot of documentation or was it pretty straightforward?

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i had to submit some evidence during adjudication but nothing too crazy. just proof of the childcare situation and that id asked for help

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If your claim does go into adjudication, don't panic. That's just Washington ESD reviewing the details of your separation. Having all your documentation ready will speed up the process.

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What kind of documentation should I prepare just in case?

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Bus schedules, screenshots of delays, any emails or texts with your supervisor about the tardiness, your employee handbook section on attendance policy. Anything that supports your case.

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The system is so broken. Everyone I know who got fired for stupid reasons like this ends up getting benefits eventually but only after months of stress and paperwork.

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I'm hoping to avoid that whole mess by being thorough with my initial application.

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Smart approach. The more detail you provide upfront the better chance you have of avoiding adjudication altogether.

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Remember that Washington ESD has to prove misconduct, not the other way around. The burden of proof is on them to show your actions were willful and substantial enough to warrant disqualification.

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That's reassuring. I was worried I'd have to prove I deserved benefits instead of them having to prove I didn't.

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Exactly. Your employer will need to provide evidence that your tardiness was deliberate misconduct, not just poor attendance due to circumstances.

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i got fired for being late because of medical appointments and still got unemployment. washington esd understood that some things are beyond your control

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How did you explain it in your application? I want to make sure I phrase things correctly.

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just be honest about the transportation challenges and any efforts you made to solve them. dont make excuses just state facts

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Also worth noting that even if Washington ESD initially denies your claim, you have the right to appeal. Many people win on appeal even after an initial denial, especially for attendance-related separations.

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Good to know there's a backup plan. Hopefully it won't come to that but it's reassuring.

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The appeal process gives you a chance to present your case more thoroughly, especially if new information comes to light.

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Make sure you start job searching immediately even while your claim is processing. Washington ESD requires you to be actively looking for work to maintain eligibility.

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Already started updating my resume and looking at job boards. Do I need to register with WorkSource too?

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Yes, you'll need to register with WorkSourceWA and log your job search activities. It's all part of the ongoing eligibility requirements.

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Your situation sounds very similar to mine from last year. Transportation issues are considered a circumstance beyond your control if you can document them properly. I ended up getting approved after providing evidence of the bus route problems.

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That's exactly what I was hoping to hear! Did you use the transit authority's own data about delays?

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Yes, I got official delay reports from Metro and included screenshots from their app showing the consistent problems with my route.

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If you end up needing to speak with Washington ESD during the process, I'd recommend checking out Claimyr again. When I was dealing with my separation issue, being able to actually talk to an adjudicator made all the difference in explaining my circumstances.

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I'll definitely keep that in mind. The idea of waiting on hold for hours trying to reach someone sounds awful.

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Claimyr saved me so much frustration when I needed to clarify details about my job separation. Much easier than the normal calling process.

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I went through something similar when I got fired for tardiness due to childcare issues. The key thing that helped my case was showing that I had communicated with my employer about the problem and tried to find solutions. Since you mentioned asking about adjusting your start time and your manager refusing due to company policy, make sure to include that detail prominently in your application. Also gather any documentation you can - bus schedules, delay notifications from the transit app, even weather reports if that contributed to delays. Washington ESD really does look at whether you made good faith efforts to address the attendance issues versus just being careless. Your 2-year employment history there will also work in your favor since it shows the tardiness wasn't a pattern from day one.

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