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.
70 comments


Sophia Carson
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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Ana Erdoğan
•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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Sophia Carson
•Yes absolutely! Any documentation that shows the transportation issues were outside your control will help your case.
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Elijah Knight
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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Ana Erdoğan
•How long did it take for them to decide? I'm worried about the adjudication process taking forever.
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Elijah Knight
•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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Brooklyn Foley
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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Jay Lincoln
•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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Brooklyn Foley
•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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Jessica Suarez
•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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Marcus Williams
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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Ana Erdoğan
•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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Marcus Williams
•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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Lily Young
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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Ana Erdoğan
•That gives me hope! Did he have to appeal or did they approve it right away?
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Lily Young
•it went to adjudication first but got approved after like a month. he provided documentation about the daycare schedule
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Sophia Carson
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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Ana Erdoğan
•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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Kennedy Morrison
•Also mention if you ever tried to find alternative transportation or adjust your schedule. Shows you made an effort.
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Jessica Suarez
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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Ana Erdoğan
•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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Jessica Suarez
•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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Wesley Hallow
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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Ana Erdoğan
•That sucks! Did you have documentation for the medical appointments?
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Wesley Hallow
•Yeah but Washington ESD said I should have requested schedule accommodation from my employer first. So frustrating.
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Sophia Carson
•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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Elijah Knight
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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Ana Erdoğan
•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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Elijah Knight
•Good call. The more specific you are upfront, the less likely it is to drag out in adjudication.
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Justin Chang
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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Ana Erdoğan
•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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Justin Chang
•Perfect! Make sure to mention that when you file. Shows you were proactive about finding a solution.
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Jay Lincoln
How long do you have to file after being terminated? I thought there was some kind of deadline.
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Sophia Carson
•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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Ana Erdoğan
•Yeah I read that too. That's why I'm trying to get my application finished this week.
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Grace Thomas
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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Ana Erdoğan
•Did you have to provide a lot of documentation or was it pretty straightforward?
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Grace Thomas
•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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Brooklyn Foley
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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Ana Erdoğan
•What kind of documentation should I prepare just in case?
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Brooklyn Foley
•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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Hunter Brighton
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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Ana Erdoğan
•I'm hoping to avoid that whole mess by being thorough with my initial application.
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Hunter Brighton
•Smart approach. The more detail you provide upfront the better chance you have of avoiding adjudication altogether.
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Jessica Suarez
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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Ana Erdoğan
•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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Jessica Suarez
•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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Dylan Baskin
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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Ana Erdoğan
•How did you explain it in your application? I want to make sure I phrase things correctly.
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Dylan Baskin
•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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Kennedy Morrison
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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Ana Erdoğan
•Good to know there's a backup plan. Hopefully it won't come to that but it's reassuring.
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Kennedy Morrison
•The appeal process gives you a chance to present your case more thoroughly, especially if new information comes to light.
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Lauren Wood
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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Ana Erdoğan
•Already started updating my resume and looking at job boards. Do I need to register with WorkSource too?
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Lauren Wood
•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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Ellie Lopez
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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Ana Erdoğan
•That's exactly what I was hoping to hear! Did you use the transit authority's own data about delays?
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Ellie Lopez
•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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Brooklyn Foley
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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Ana Erdoğan
•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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Chad Winthrope
•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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Miguel Herrera
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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Kristin Frank
•This is really helpful advice, thank you! I was wondering if I should mention the weather factor too since we had some really bad storms this winter that made the bus delays even worse. I do have some of those emergency transit alerts saved on my phone. It sounds like being thorough with documentation is really the key here. Did you have to go through adjudication or did they approve you initially?
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Lauren Johnson
•It went to adjudication but got approved after about 4 weeks. The weather documentation definitely helped - those emergency alerts from the transit authority show it wasn't just you having issues but a systematic problem affecting all riders. I also included screenshots of the childcare pickup times and how they aligned with the delayed bus arrivals. The adjudicator seemed impressed that I had kept such detailed records and that I'd proactively tried to work with my employer on solutions. Since you already asked about schedule adjustments and were denied due to company policy, you're in a similar position where you can show you weren't just ignoring the problem.
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GalacticGladiator
I was in almost the exact same situation - got fired from a retail job for being late too often because of unreliable public transit. The good news is that Washington ESD approved my benefits because I could prove the transportation issues were beyond my control. Here's what really helped my case: I documented everything with screenshots from the bus tracking app showing consistent delays, saved the official service alerts from the transit authority about route disruptions, and most importantly, I had evidence that I'd tried to work with my manager on solutions (like starting later) but was told company policy wouldn't allow it. The fact that you've been there 2 years with no other issues and that you proactively asked about schedule changes will definitely work in your favor. When you file, be very specific about the circumstances - don't just say "attendance problems" but explain the transportation challenges and your attempts to resolve them. Even if it goes to adjudication, having all that documentation ready will speed up the process. File as soon as possible since benefits only start from when you apply, not when you were terminated.
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Luca Romano
•This is exactly the kind of detailed advice I was looking for! I've actually been keeping screenshots of the bus delays on my phone for the past few weeks just out of frustration, but now I realize they could actually help my case. I also have the transit authority's service alerts about construction delays on my route that have been ongoing for months. The part about being specific in the application really resonates - I was worried about sounding like I was making excuses, but it sounds like the key is presenting facts and showing I tried to be proactive. Did you have to provide all that documentation upfront when filing, or did they ask for it later during the review process?
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Lena Müller
•You don't need to provide all the documentation upfront when filing - just be detailed in the separation reason section. They'll ask for supporting documents if your claim goes into adjudication. I uploaded my bus delay screenshots and service alerts through the secure messaging system in my online account after they requested additional information. The construction delays on your route sound like perfect evidence since they show it's an ongoing infrastructure issue, not something you could control. Keep saving those screenshots and alerts - having months of data really strengthens your case that this was a persistent problem you were dealing with, not just occasional lateness.
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Anna Stewart
Don't lose hope - your situation sounds very winnable! I was fired for tardiness due to my kids' school bus being consistently late, and I got approved for benefits after adjudication. The key things that helped my case were: 1) Documenting the transportation issues with screenshots and official alerts, 2) Showing I had tried to work with my employer on solutions (like you did when asking about schedule changes), and 3) Demonstrating that my tardiness wasn't willful misconduct but due to circumstances beyond my control. Your 2-year employment history with no other issues will definitely work in your favor. When you file, make sure to explain in detail about the bus route problems and how you requested accommodation but were denied due to company policy. Keep collecting those bus delay screenshots and service alerts - they're gold for your case. File ASAP since benefits only start from your filing date, and don't let the potential for adjudication scare you. Having solid documentation makes the process much smoother.
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Zoe Gonzalez
•Thank you so much for the encouragement! It's really reassuring to hear from someone who went through such a similar situation and came out successful. The school bus comparison is actually really helpful because it shows how transportation delays can affect anyone regardless of the specific circumstances. I'm feeling much more confident about filing now after reading everyone's advice here. I've already started gathering my documentation - I have about 3 months worth of bus delay screenshots and several service alerts from the transit authority about ongoing construction on my route. The fact that I asked my manager about adjusting my schedule and was denied due to company policy seems to be a key point that multiple people have mentioned as helpful. I'm going to finish my application this weekend and make sure to be very detailed in the separation reason section about the specific transportation challenges and my attempts to address them.
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