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Rachel Tao

Can a fired employee collect unemployment benefits through Washington ESD?

My boss terminated me last Friday for what they called 'performance issues' but I think it was really because I complained about unsafe working conditions. I've been working there for 2 years and never had any formal warnings or write-ups. Can I still file for unemployment benefits with Washington ESD even though I was fired? I'm really stressed about this because I have rent due next week and I don't know if being fired automatically disqualifies me from getting UI benefits.

Yes, you can definitely apply for unemployment even if you were fired! Being terminated doesn't automatically disqualify you from Washington ESD benefits. The key question is whether you were fired for 'misconduct' or just general performance/business reasons. Since you mention no formal warnings, that works in your favor.

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That's such a relief to hear! Should I mention the safety complaint issue when I file my claim?

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Absolutely mention it. If they fired you for complaining about safety issues, that could actually be considered retaliation, which would strengthen your case for benefits.

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I went through something similar last year. Washington ESD will investigate the circumstances of your termination during the adjudication process. They'll contact both you and your employer to get both sides of the story. The whole process took about 3 weeks for me, but I did get approved because my employer couldn't prove misconduct.

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Three weeks seems like forever when you need money now. Is there any way to speed up the process?

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Unfortunately the adjudication process just takes time. But definitely file your claim immediately - you can't get benefits for weeks before you file, even if you're eventually approved.

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I had such a hard time reaching anyone at Washington ESD when I was dealing with my termination case. Kept calling the main number but either got busy signals or got hung up on after waiting an hour. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real person at ESD. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Game changer for getting answers about whether my firing qualified for benefits.

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Really? I was dreading trying to call them. How does that service work exactly?

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Basically they handle the calling and waiting for you, then connect you when they get a real agent on the line. Super easy to use and saved me hours of frustration.

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Interesting, never heard of that before. Might have to try it if I can't get through the normal way.

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The Washington ESD looks at whether your termination was for 'misconduct connected with work.' Things like theft, violence, or deliberate rule violations count as misconduct. Performance issues, personality conflicts, or business decisions usually don't. From what you described, this sounds like it would qualify for benefits.

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What if they claim you violated company policy though? My employer said I was fired for policy violations but it was really just disagreements about how to do my job.

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They have to prove the violations were willful and substantial. Simple disagreements about work methods aren't misconduct. You'd have a good chance at an appeal if they initially deny your claim.

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ugh this system is so confusing!! why cant they just tell you straight up if youll get benefits or not instead of making everyone wait weeks for adjudication

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I get the frustration, but they need time to investigate each case fairly. It protects both claimants and prevents fraud.

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i guess but when you need money for rent it feels like forever

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File your initial claim online at secure.esd.wa.gov as soon as possible. Even if your claim goes into adjudication, you need to keep filing your weekly claims while they investigate. If you're eventually approved, you'll get backpay for those weeks.

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Wait, I have to keep filing weekly even during adjudication? What if I get a job in the meantime?

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Yes, keep filing unless you find full-time work. If you get a job, just report it on your weekly claim. You can always reopen your claim later if that job doesn't work out.

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I was fired from my job at a restaurant for being 'too slow' during rush periods. Never got any formal training and they fired me after just 2 weeks. Washington ESD approved my claim because they said it wasn't misconduct, just a bad fit. Don't give up hope!

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

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It went to adjudication first, took about 4 weeks, but then got approved without needing to appeal. The key was documenting that I never received proper training.

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Just make sure you're honest about everything when you file your claim. Washington ESD will find out the truth anyway when they contact your employer, so don't try to hide anything or exaggerate. Let the facts speak for themselves.

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This is so important. I've seen people get denied not because of their firing, but because they weren't truthful on their application.

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The safety complaint angle is actually really important here. Washington has strong whistleblower protections, and if you can show you were fired for reporting safety issues, that's not just grounds for UI benefits - you might have other legal claims too.

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I didn't even think about that. Should I contact a lawyer or just focus on the unemployment claim for now?

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I'd focus on getting your UI claim filed first since you need income now. But definitely document everything about the safety complaint and timing of your termination in case you want to explore other options later.

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Been through this exact situation. Got fired for 'attitude problems' which was really just me questioning unsafe practices. Washington ESD approved my benefits after adjudication. The investigator told me that safety complaints are protected activity and can't be grounds for termination.

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How long did your adjudication take? I'm trying to plan my finances.

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About 5 weeks total, but this was during a busy period. Could be faster now. I used that Claimyr service someone mentioned earlier to check on the status - much easier than trying to call directly.

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whatever you do dont let them intimidate you into not filing!! employers sometimes try to scare fired employees by saying they wont get benefits but thats not how it works in washington

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They haven't said anything like that, but good to know they might try that tactic.

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Make sure you have documentation of the safety complaints you made. Emails, written reports, witness statements if possible. The more evidence you have that you were fired for protected activity, the stronger your case will be.

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I do have an email I sent to my supervisor about the safety issue. Should I upload that with my claim?

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Definitely keep it ready. You might not be able to upload it initially, but you'll want it during the adjudication interview when they ask about the circumstances of your termination.

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I'm going through something similar right now. Been waiting 3 weeks for my adjudication decision after being fired for 'insubordination' - really just refusing to work in unsafe conditions. It's nerve-wracking but from what I've read, Washington is pretty good about protecting workers who speak up about safety.

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Solidarity! Hope we both get good news soon. Have you been able to talk to anyone at ESD about your case?

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I tried calling but gave up after multiple failed attempts. Might try that Claimyr thing others mentioned. Seems like it might be worth it to get some actual answers.

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Pro tip: when you file your weekly claims during adjudication, there's a section for comments. Use that space to briefly document your job search activities even though you don't have to do the full job search requirement yet. Shows you're taking it seriously.

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Good idea! I want to show I'm being proactive about finding work.

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The fact that you had no formal warnings or write-ups is huge in your favor. Washington ESD looks for progressive discipline before termination. If they just fired you out of the blue for 'performance,' that suggests it wasn't really about your work.

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That makes sense. They never gave me any feedback about my performance being an issue until the day they fired me.

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That's a red flag for retaliation. Document the timeline - when you made the safety complaint vs when you were fired.

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I was skeptical about services like Claimyr at first, but honestly after spending literally days trying to get through to Washington ESD on my own, it was totally worth it. Got connected to an agent in under an hour and was able to get my adjudication questions answered directly. Sometimes you just need to talk to a real person.

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Yeah, I'm starting to think that might be my best bet for getting real answers about my situation.

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I used them too recently - super straightforward and the agent I talked to was really helpful explaining the whole misconduct evaluation process.

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Bottom line: file your claim immediately, be completely honest about everything, and don't let anyone tell you that being fired automatically disqualifies you. Washington's unemployment system is designed to help workers who lose their jobs through no fault of their own, and it sounds like that's exactly your situation.

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Thank you everyone for all the advice and encouragement. I'm going to file my claim this afternoon and see what happens. At least now I know I have a fighting chance!

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You've got this! Keep us posted on how it goes.

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