Can a person get Washington ESD unemployment if they are fired?
My manager terminated me last Friday after 2 years at my job. They said it was due to poor performance but I think it was really because I complained about safety issues. I've never filed for unemployment before and I'm not sure if I can even get benefits since I was fired rather than laid off. Does anyone know if Washington ESD will approve my claim? I'm really stressed about this whole situation.
46 comments


Fatima Al-Farsi
Yes, you can definitely get unemployment if you're fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct.' Poor performance usually isn't considered misconduct unless it was willful or you ignored repeated warnings. Safety complaints are actually protected, so that could work in your favor.
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Giovanni Greco
•That's reassuring! I did get a couple performance reviews that weren't great, but I was trying to improve. The safety thing happened about a month before they fired me.
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Dylan Wright
•You should definitely mention the safety complaint when you file. That could be retaliation which would make the firing invalid.
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Sofia Torres
I got fired from my last job and still got benefits. Washington ESD will investigate what happened - they'll contact your employer and ask for their side. If they determine it wasn't misconduct, you'll get approved. The key is being honest on your application about what happened.
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Giovanni Greco
•How long did the investigation take? I need to start getting benefits as soon as possible.
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Sofia Torres
•Mine took about 3 weeks. It's called adjudication and it can be frustrating waiting for them to decide.
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GalacticGuardian
File your claim right away even if you're not sure you'll qualify. The sooner you apply, the sooner your potential benefit period starts. Washington ESD has specific criteria for misconduct - things like theft, violence, or repeated policy violations. Poor performance usually doesn't meet that bar.
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Giovanni Greco
•Should I file online or call them? I tried looking at their website but it's confusing.
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GalacticGuardian
•Online is usually faster. Go to esd.wa.gov and look for 'Apply for Benefits.' Have your employment history ready including dates and wages.
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Dmitry Smirnov
I've been trying to reach Washington ESD for weeks about my own claim issue. Their phone system is impossible! I found this service called Claimyr (claimyr.com) that actually gets you through to a real person. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much time and frustration.
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Giovanni Greco
•Is that legit? I'm nervous about using third-party services for this stuff.
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Dmitry Smirnov
•Yeah it's real - they basically call for you and get you connected to an actual ESD agent. I was skeptical too but it worked when nothing else did.
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Ava Rodriguez
•I heard about Claimyr too. My sister used it when her claim got stuck in adjudication hell.
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Miguel Diaz
ugh the whole system is so frustrating!! I was fired 6 months ago and it took FOREVER to get approved. they make you jump through so many hoops just to get benefits you paid into. hang in there though - if you weren't stealing or doing drugs you'll probably get approved eventually
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Giovanni Greco
•Six months?! That seems crazy long.
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Fatima Al-Farsi
•That's unusual - most adjudications take 2-4 weeks unless there are complicated issues or appeals involved.
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Dylan Wright
Document everything about your firing - emails, performance reviews, any evidence of the safety complaint you made. If your employer challenges your claim, you'll want that documentation for your appeal. Also keep track of your job search activities since you'll need to prove you're looking for work.
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Giovanni Greco
•I do have some emails about the safety issues. Should I submit those with my initial application?
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Dylan Wright
•Save them for now. If your claim gets denied and you need to appeal, that's when you'll submit evidence.
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Zainab Ahmed
same thing happened to my cousin last year - got fired after complaining about workplace violations. washington esd approved her claim because they determined it was retaliation. definitely file asap!
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Giovanni Greco
•That gives me hope! I really think that's what happened to me too.
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Fatima Al-Farsi
Just to clarify the misconduct standard - Washington ESD uses a pretty high bar. It has to be a deliberate violation of your employer's reasonable expectations, not just making mistakes or poor judgment. Things like tardiness, poor attitude, or failure to meet performance standards usually don't qualify as misconduct.
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Connor Gallagher
•This is really helpful. I was fired for 'attitude problems' and wasn't sure if I could get benefits.
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Fatima Al-Farsi
•Attitude problems alone usually aren't misconduct unless you were insubordinate or violated specific policies repeatedly after warnings.
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AstroAlpha
I worked for ESD for 5 years and can tell you that performance-based terminations are rarely considered misconduct. The employer has to prove you were willfully violating standards or ignoring direct orders. Poor performance due to lack of skill or inability to meet standards isn't disqualifying.
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Giovanni Greco
•Wow, thanks for the insider perspective! That makes me feel much better about filing.
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Yara Khoury
•That's really good to know. I was always afraid to file if I got fired.
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Keisha Taylor
File immediately and be completely honest about everything. Washington ESD investigators are pretty good at seeing through BS from both sides. If your employer tries to claim misconduct but can't prove it, you'll get approved. The worst that happens is they deny you and you can appeal.
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Giovanni Greco
•How do I know if they're investigating? Do they tell you?
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Keisha Taylor
•Your claim status will show 'adjudication in progress' on your account. You might get a questionnaire asking for more details about the separation.
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Paolo Longo
When I got terminated, I used that Claimyr service someone mentioned earlier to talk to ESD about my eligibility before I even filed. The agent explained exactly what they look for in misconduct cases and helped me understand my chances. Really worth the peace of mind.
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Giovanni Greco
•That's smart - getting advice before filing. Did they think you'd be approved?
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Paolo Longo
•Yeah, they explained that my situation didn't meet the misconduct criteria and I should file right away. Ended up getting approved within 2 weeks.
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Amina Bah
Just remember you have to do weekly claims and job search activities even while your initial claim is being adjudicated. Don't skip those or you'll lose benefits even if you get approved!
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Giovanni Greco
•Good point - I didn't think about that. So I should start job searching right away?
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Amina Bah
•Yes, and log everything. You need 3 job search activities per week minimum.
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Oliver Becker
the whole misconduct thing is really about whether you did something intentionally wrong or just couldn't do the job well enough. sounds like your situation is more about performance than behavior so you should be fine
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Giovanni Greco
•Yeah, I was really trying to improve but apparently not fast enough for them.
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CosmicCowboy
I've seen people get approved after being fired for all sorts of reasons - lateness, poor reviews, even minor policy violations. Unless you did something really egregious, you'll probably get benefits. The safety complaint thing actually strengthens your case if it was retaliation.
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Giovanni Greco
•That's what I'm hoping. The timing seems too coincidental to not be related.
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Natasha Orlova
•Definitely mention the safety complaint timing in your application. ESD takes retaliation seriously.
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Javier Cruz
My advice: file today, be honest, keep records of everything, and don't panic if it goes to adjudication. Most people who get fired for performance reasons end up getting approved. Just might take a few weeks to sort out.
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Giovanni Greco
•Thanks everyone for all the advice! I'm going to file my claim this afternoon. Feeling much more confident now.
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Emma Thompson
•Good luck! Come back and let us know how it goes.
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Malik Jackson
One more thing - if your employer contests your claim and it gets denied initially, don't give up! The appeal process often works in favor of the claimant, especially if the employer can't provide solid evidence of misconduct. I've used Claimyr to get through to ESD agents during my appeal process and it really helped speed things up.
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Giovanni Greco
•Good to know about appeals. Hopefully I won't need to go that route but at least I know it's an option.
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