Can I receive Washington ESD unemployment if fired from my job?

That's a relief to hear. What exactly counts as misconduct? I was never written up or given any formal warnings.

Misconduct has to be willful or deliberate violation of company rules. Poor performance or inability to do the job usually doesn't qualify as misconduct under Washington law.

How long did the investigation take? I need to know if I should look for temporary work while waiting.

Mine took about 3 weeks. They call it adjudication and they'll contact both you and your employer to get the facts.

I do have emails showing I reported the safety issues a week before I was fired. Should I mention this when I apply?

Absolutely mention it. Keep those emails as evidence. You might also want to contact L&I about the retaliation aspect separately.

This is solid advice. Retaliation for safety reporting is illegal and definitely not misconduct for UI purposes.

How many times have you tried calling? I'm dreading having to deal with their phone system.

Probably 50+ times over the past two weeks. I either get busy signals or get disconnected after waiting on hold for an hour.

I had the same problem until I found Claimyr. It's a service that calls Washington ESD for you and gets you connected to an actual agent. Check out claimyr.com - they even have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

I definitely won't lie. I plan to be completely honest about the circumstances.

This is crucial advice. Always be truthful. Washington ESD will find out the real reason eventually.

Did you appeal the decision? Sometimes the initial determination is wrong and you can win on appeal.

No I didn't know I could appeal. This was like 6 months ago though so probably too late now.

Yeah, you only have 30 days to appeal from the date of the determination. But good to know for anyone else reading this.

That's really helpful to know from someone who worked there. Do you think my situation sounds like it would qualify?

Based on what you've described, especially with no prior write-ups and the timing after your safety report, I'd say you have a good chance. Just be thorough in explaining the circumstances.

I was planning to apply tomorrow. Do I need any specific documents or information?

You'll need your Social Security number, employment history for the past 18 months, and details about your termination. Have your employer's info ready too.

Also make sure you have your bank info for direct deposit setup. Saves time later.

How did he prove it was a mistake? Did he need a lawyer?

No lawyer needed. He just provided his side of the story to Washington ESD and they investigated. The employer couldn't provide enough evidence of actual theft.

That's great news! How much did the Claimyr service cost to use?

It was worth it just to get answers instead of calling 50 times a day. Way less stressful than trying to get through on my own.

Glad it worked out! I've recommended Claimyr to several people now and everyone's had good experiences reaching Washington ESD agents.

You need to start your job search activities right away, even during adjudication. Washington ESD requires you to be actively seeking work to remain eligible.

Okay thanks. I wasn't sure if that applied during the investigation period too.

Did you have to provide any documentation during the adjudication process?

I provided my employee handbook showing what constituted violations and my performance reviews showing no issues. Helped my case a lot.

That's encouraging. My employer seemed pretty confident I wouldn't get benefits but maybe they're just trying to discourage me from applying.

Exactly. Employers often try to discourage people from filing even when they have valid claims. Always file and let Washington ESD make the determination.

Good point. I should probably start organizing all my documentation now just in case.

Yes, and take screenshots of any digital communications before they might get deleted. Better to have too much evidence than not enough.

How long does the appeal process typically take?

Usually a few months depending on the backlog. But if you win, you get back pay from when you first filed.

And during appeal, you can still file weekly claims even if you're not getting paid. Important to keep your claim active.

Thank you! I'm feeling much more confident about applying now after reading everyone's advice.

You're welcome. This forum has been a lifesaver for me too when I was dealing with Washington ESD issues.

I'll definitely keep that in mind. Thanks for all the helpful information everyone!

No problem. Hope everything works out for you. Keep us posted on how it goes!

How quickly were you able to get connected through them?

Same day I submitted my request. Way better than spending days trying to call on my own and never getting through.

Good luck! Sounds like we're both in similar boats. Hope it works out for both of us.

Thanks! I'll try to remember to update this thread once I know how my claim goes.