< Back to Washington Unemployment

Giovanni Greco

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.

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.

0 coins

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.

0 coins

Dylan Wright

•

You should definitely mention the safety complaint when you file. That could be retaliation which would make the firing invalid.

0 coins

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.

0 coins

How long did the investigation take? I need to start getting benefits as soon as possible.

0 coins

Sofia Torres

•

Mine took about 3 weeks. It's called adjudication and it can be frustrating waiting for them to decide.

0 coins

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.

0 coins

Should I file online or call them? I tried looking at their website but it's confusing.

0 coins

Online is usually faster. Go to esd.wa.gov and look for 'Apply for Benefits.' Have your employment history ready including dates and wages.

0 coins

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.

0 coins

Is that legit? I'm nervous about using third-party services for this stuff.

0 coins

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.

0 coins

Ava Rodriguez

•

I heard about Claimyr too. My sister used it when her claim got stuck in adjudication hell.

0 coins

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

0 coins

Six months?! That seems crazy long.

0 coins

That's unusual - most adjudications take 2-4 weeks unless there are complicated issues or appeals involved.

0 coins

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.

0 coins

I do have some emails about the safety issues. Should I submit those with my initial application?

0 coins

Dylan Wright

•

Save them for now. If your claim gets denied and you need to appeal, that's when you'll submit evidence.

0 coins

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!

0 coins

That gives me hope! I really think that's what happened to me too.

0 coins

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.

0 coins

This is really helpful. I was fired for 'attitude problems' and wasn't sure if I could get benefits.

0 coins

Attitude problems alone usually aren't misconduct unless you were insubordinate or violated specific policies repeatedly after warnings.

0 coins

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.

0 coins

Wow, thanks for the insider perspective! That makes me feel much better about filing.

0 coins

Yara Khoury

•

That's really good to know. I was always afraid to file if I got fired.

0 coins

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.

0 coins

How do I know if they're investigating? Do they tell you?

0 coins

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.

0 coins

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.

0 coins

That's smart - getting advice before filing. Did they think you'd be approved?

0 coins

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.

0 coins

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!

0 coins

Good point - I didn't think about that. So I should start job searching right away?

0 coins

Amina Bah

•

Yes, and log everything. You need 3 job search activities per week minimum.

0 coins

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

0 coins

Yeah, I was really trying to improve but apparently not fast enough for them.

0 coins

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.

0 coins

That's what I'm hoping. The timing seems too coincidental to not be related.

0 coins

Definitely mention the safety complaint timing in your application. ESD takes retaliation seriously.

0 coins

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.

0 coins

Thanks everyone for all the advice! I'm going to file my claim this afternoon. Feeling much more confident now.

0 coins

Emma Thompson

•

Good luck! Come back and let us know how it goes.

0 coins

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.

0 coins

Good to know about appeals. Hopefully I won't need to go that route but at least I know it's an option.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today