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Jeremiah Brown

Can I get unemployment if I was fired for calling in sick - Washington ESD eligibility question

I got terminated last week from my retail job because I called in sick too many times according to my manager. I had the flu twice this winter and food poisoning once, all legitimate illnesses but I didn't have doctor's notes for everything. My supervisor said I exceeded their attendance policy. Can I still file for unemployment benefits with Washington ESD? I'm worried they'll deny my claim since technically I was fired for cause. Has anyone dealt with this situation before?

You should definitely file for unemployment. Being fired for attendance due to legitimate illness is different from being fired for misconduct. Washington ESD looks at whether you had good cause for your absences. Do you have any documentation of your illnesses - pharmacy receipts, text messages to your boss, anything?

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I have some texts where I told my manager I was sick, and I think I kept one of the pharmacy receipts from when I had the flu. Would that help my case?

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Yes, definitely keep all that documentation. When you file your claim, make sure to explain that your absences were due to illness, not just skipping work.

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honestly this happens alot, most employers cant fire you just for being sick unless you didnt follow their policy about calling in. did you call in properly each time or just no-show?

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I always called in before my shift started, usually a few hours ahead. I followed their call-in procedure every time.

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then you should be fine, thats not misconduct if you followed procedure

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I had a similar situation last year and got approved for benefits. The key is proving your absences were legitimate and you followed company policy. When I couldn't reach Washington ESD by phone to check on my claim status, I ended up using Claimyr.com to get through to an actual agent. They have this system that calls Washington ESD for you and connects you when an agent picks up - saved me hours of busy signals. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How long did it take for your claim to get approved? I'm always worried about these attendance-related terminations.

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It took about 3 weeks total. There was a brief adjudication period where they reviewed the circumstances, but once I provided my documentation showing I was actually sick and followed proper procedures, they approved it.

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Never heard of Claimyr before but that sounds useful. Getting through to Washington ESD is such a nightmare normally.

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The attendance policy thing is tricky. Even if you were genuinely sick, if you exceeded their policy limits they might still consider it a fireable offense. BUT that doesn't automatically disqualify you from unemployment. Washington ESD will look at whether the absences were within your control.

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What if my company had a really strict attendance policy though? Like they said 3 absences in 6 months was automatic termination.

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Even with strict policies, if your absences were due to genuine illness and you can document that, Washington ESD usually won't count that as misconduct. They understand people get sick.

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ugh this is exactly why I hate these corporate attendance policies!! they act like being human and getting sick is some kind of personal failing. you should absolutely file for unemployment, dont let them intimidate you

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I totally agree, these policies are ridiculous. People can't help when they get sick.

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Yeah it felt really unfair, especially since I was a good employee otherwise. I never called in unless I was actually sick.

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Just to be clear on the process - when you file your initial claim, be completely honest about why you were terminated. Don't try to hide that it was attendance-related. Explain that your absences were due to legitimate illness and that you followed proper call-in procedures. Washington ESD appreciates honesty and it won't hurt your case if the absences were justified.

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Should I mention specific illnesses or just say I was sick? I don't want to overshare medical information.

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You can be general - just say you had flu symptoms, stomach illness, etc. You don't need to go into detailed medical information, just enough to show the absences were legitimate.

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I got fired for attendance too but mine was different - I was missing work because my car kept breaking down. Still got unemployment though because Washington ESD said transportation issues aren't misconduct if you're actively trying to solve them. Illness should be even easier to get approved.

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Really? I always thought any firing for attendance would disqualify you from benefits.

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Nope, it depends on the reason. Misconduct has to be willful or deliberate. Being sick or having car trouble isn't willful.

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What I'm wondering is if the employer will contest the claim. Sometimes they fight unemployment claims to keep their rates down. Did they seem hostile when they fired you or was it more matter-of-fact?

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My manager seemed kind of apologetic actually, like they didn't want to fire me but felt they had to because of company policy. They said it wasn't personal.

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That's actually a good sign. If they felt bad about it, they might not contest your unemployment claim.

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File ASAP! Don't wait around wondering if you qualify. The worst they can say is no, but based on what you're describing, you have a strong case. I had a friend who got approved after being fired for attendance due to a chronic health condition.

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You're right, I should just file and see what happens. I keep second-guessing myself.

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Definitely file soon - there's a deadline for when you can claim benefits after becoming unemployed.

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I used to work in HR and can tell you that firing someone for legitimate sick days is not considered willful misconduct under Washington state law. The key word is 'legitimate' - if you were actually sick and followed proper procedures, you should be fine. Document everything you can remember about each absence.

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That's really reassuring coming from someone who worked in HR. I was starting to think I was screwed.

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What counts as 'following proper procedures' though? Just calling in or do you need more than that?

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Usually just calling in according to company policy is enough. Some places require advance notice when possible, but for sudden illness, calling as soon as you know you can't work is typically sufficient.

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This whole situation makes me mad because employers use these attendance policies to avoid paying unemployment. They know most people won't fight it. Good for you for asking questions instead of just accepting that you can't get benefits.

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Is that really a thing? Employers deliberately structuring firings to avoid unemployment costs?

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Some do, yes. Their unemployment insurance rates go up when former employees collect benefits, so they have incentive to contest claims.

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When I was going through my unemployment claim process, I had trouble getting Washington ESD on the phone to ask questions. Someone recommended Claimyr and it was a game changer - instead of calling 50+ times a day, their system handled the calling and connected me when an agent was available. Might be worth checking out if you need to speak with someone at Washington ESD about your specific situation.

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Is that service free or do they charge for it?

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There's a cost but honestly it was worth it to avoid spending entire days trying to get through. The time I saved was valuable.

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just make sure when you file your weekly claims you report any job search activities. even though you were fired and not laid off, you still have to meet the work search requirements once your claim is approved

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Good point, I hadn't thought about the job search requirements yet. How many jobs do you have to apply to each week?

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It's typically 3 job search activities per week in Washington. Can be applications, networking events, job fairs, etc. Keep detailed records.

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One thing to prepare for - if your claim goes to adjudication (which it might since you were fired), it can take several extra weeks to get approved. Don't panic if it doesn't happen immediately. The adjudication process is where they review the circumstances of your termination.

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How long does adjudication usually take? I'm already stressed about money.

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It varies but usually 2-4 weeks. If you need to speak with someone during the process about your case, that's another situation where services like Claimyr can help you actually reach a Washington ESD agent.

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Mine took 3 weeks last year. The waiting is the worst part but try to be patient.

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Bottom line - file your claim, be honest about the circumstances, provide documentation of your illnesses if you have it, and don't let your former employer intimidate you into thinking you don't deserve benefits. Being sick isn't misconduct.

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Thank you everyone for all the advice. I'm going to file my claim tomorrow and gather up whatever documentation I can find.

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Good luck! Keep us posted on how it goes.

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I went through something very similar about 6 months ago. Got fired for "excessive absences" when I had to miss work for a kidney stone, stomach flu, and my kid's emergency surgery. I was terrified I wouldn't qualify for unemployment, but Washington ESD approved my claim after about 2 weeks of review. The key things that helped my case were: 1) I had called in properly each time, 2) I kept text messages showing I notified my supervisor, and 3) I had some medical documentation. Even though I didn't have doctor's notes for everything, the fact that my absences were legitimate medical issues and I followed company protocol made all the difference. File your claim right away and don't worry - genuine illness absences are NOT considered misconduct in Washington state.

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This is really helpful to hear from someone who went through the exact same situation! Your case sounds even more complicated than mine with multiple different types of absences, so if you got approved then I'm feeling much more confident about my chances. The part about keeping text messages is smart - I definitely have those conversations with my manager saved. Thanks for sharing your experience, it's exactly what I needed to hear right now.

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