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Angel Campbell

Can a person collect unemployment if fired - Washington ESD eligibility question

I got terminated from my warehouse job last week and I'm not sure if I can even apply for unemployment benefits. My supervisor said I was let go for 'performance issues' but honestly I think they just needed to cut costs and I was the newest hire. I've been working there for 8 months and never had any formal write-ups or warnings. Does anyone know if Washington ESD will approve benefits if you're fired? I'm really stressed about this because I have rent due next week and no other income coming in.

Yes, you can definitely collect unemployment if you're fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues generally don't count as misconduct unless it was willful negligence. Since you didn't have formal warnings, that works in your favor. File your claim as soon as possible - you can do it online at esd.wa.gov.

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Thank you! That makes me feel better. Should I mention the performance issues when I file or just say I was laid off?

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Be honest about being terminated for performance. Lying on your application can get you in trouble later. Washington ESD will contact your employer anyway to verify the reason.

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I was fired from my retail job two years ago and got approved for benefits. The key is that it wasn't misconduct - just not being a good fit for the position. Washington ESD approved my claim after about 3 weeks of adjudication.

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How long did the whole process take from filing to getting your first payment?

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About 5 weeks total. The adjudication took the longest part because they had to investigate with my former employer.

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If you're having trouble reaching Washington ESD by phone to ask questions about your claim, I'd recommend checking out Claimyr (claimyr.com). They help people get through to ESD agents without waiting on hold for hours. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Really saved me time when I needed to speak to someone about my adjudication.

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Is that a legitimate service? I'm worried about giving my information to third parties.

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Yeah it's legit - they just help you get connected to the actual Washington ESD phone line. You still talk directly to ESD staff, they just eliminate the hold time.

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I used them last month when my claim was stuck. Worth it to actually talk to a human at Washington ESD instead of waiting 2+ hours on hold.

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MISCONDUCT is the key word here. Washington ESD defines misconduct very specifically - it has to be willful disregard of employer's interests, deliberate violation of rules, or illegal acts. Poor performance by itself usually doesn't qualify as misconduct unless you were deliberately doing bad work.

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That's really helpful to know the exact definition. I definitely wasn't deliberately doing anything wrong.

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My brother got denied initially because his employer claimed misconduct, but he appealed and won because they couldn't prove it was willful.

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Whatever you do, file your claim RIGHT NOW. Don't wait. Even if Washington ESD needs to investigate, you want your claim date to start as early as possible. You can always appeal if they deny you initially.

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I'm going to file tonight. Should I file for the week I was terminated or wait until next week?

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File for the week after you were terminated. So if you were fired on Wednesday, don't claim that week, start with the following Sunday.

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Also be prepared that your employer might contest your claim. Mine did even though it was clearly just performance issues. Washington ESD still approved me after they reviewed everything, but it added a few weeks to the process.

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What happens if they contest it? Do I need a lawyer?

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No lawyer needed. Washington ESD will do an investigation and possibly schedule a phone hearing. Just be honest and have any documentation ready.

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I got fired for attendance issues and still got unemployment. As long as it wasn't gross misconduct (stealing, fighting, etc.) you should be fine. Performance and attendance are usually not considered misconduct by Washington ESD standards.

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Good to know. I never had attendance problems, just supposedly wasn't meeting productivity targets.

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Productivity targets are subjective anyway. Unless they can prove you were deliberately working slowly, it's not misconduct.

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The unemployment system is set up to help people who lose their jobs through no fault of their own. Being fired for performance definitely qualifies. Don't let your employer intimidate you into not filing.

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Thanks for the encouragement. I was honestly afraid to even try applying.

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Make sure you keep looking for work while your claim is processing. Washington ESD requires job search activities even during adjudication. Log everything in your WorkSourceWA account.

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How many jobs do I need to apply for each week?

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It's 3 job search activities per week. Can be applications, networking events, job fairs, etc. Just document everything.

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If your claim goes into adjudication and you need to check the status or get updates, calling Washington ESD can be a nightmare. That's another situation where Claimyr really helps - you can actually get through to speak with someone about what's happening with your case instead of getting busy signals all day.

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How much does that service cost though?

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It's worth it when you consider the time saved and stress avoided. Check their website for current info.

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I've been through this exact situation. Filed my claim online on Sunday night after being fired Friday. Got approved 4 weeks later after a brief adjudication period. The key is being completely honest about what happened.

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That gives me hope. Did you have to do a phone interview?

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No phone interview needed in my case. They just reviewed the documentation from me and my employer and made their decision.

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washington esd is pretty fair about these things. i got fired from two different jobs over the years (retail and food service) and got unemployment both times. just be truthful and don't worry too much

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Thanks, that makes me feel more confident about filing.

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Document everything you can remember about your termination - date, who told you, exactly what they said, any witnesses. This will help if there's a hearing or appeal process.

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Good advice. I should write down everything while it's still fresh in my memory.

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Exactly. Memory fades quickly and having written notes makes you look more credible if there's a dispute.

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The worst they can do is deny your claim, and then you can appeal. But based on what you've described, I don't think you'll have any problems getting approved. Performance issues without formal discipline rarely count as misconduct.

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You're right, I should at least try. Nothing to lose by filing.

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Also remember that even if your employer contests it, Washington ESD makes the final decision based on state law, not what your employer wants. They see these cases all the time and know the difference between real misconduct and employers trying to avoid paying unemployment taxes.

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That's really reassuring. I was worried my employer would have all the power in this situation.

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Employers contest claims all the time to try to keep their unemployment tax rates low. Washington ESD is used to this and investigates accordingly.

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I was in a similar situation - fired after 6 months for 'not meeting expectations' but never got any formal warnings. Washington ESD approved my claim and I received benefits for 5 months while job hunting. Don't let fear stop you from filing.

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Thank you for sharing your experience. It really helps to know others have been through this successfully.

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The system is designed to help workers, not employers. As long as you worked long enough to qualify and weren't fired for gross misconduct, you should be eligible. File online tonight and start the process.

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I've definitely worked long enough - been employed for over 2 years total. Going to file my claim now.

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Good luck with your claim! One last tip - make sure to file your weekly claims every week even while it's in adjudication. You can't get paid for weeks you don't claim, even if you're eventually approved.

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Thanks for that tip! I'll make sure to stay on top of the weekly filings.

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Yes, this is crucial. I've seen people lose weeks of benefits because they thought they didn't need to file during adjudication.

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If you run into any issues during the process and need to reach Washington ESD, definitely consider using Claimyr. The regular phone lines are swamped and you can waste entire days trying to get through. Their service connects you directly to ESD agents without the wait times.

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I'll keep that in mind if I need to call them. Hopefully the online process goes smoothly.

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I wish I had known about services like that when I was dealing with my claim issues. Spent so many hours on hold.

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You've got this! File tonight, be honest about everything, and don't stress too much. The vast majority of people fired for performance issues get approved for unemployment benefits in Washington. The system works.

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Thank you everyone for all the advice and encouragement. I'm filing my claim now and feeling much more confident about the process.

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