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Amara Chukwu

Can an employee collect unemployment if they are fired - Washington ESD eligibility rules?

I got terminated from my job last Friday and I'm trying to figure out if I can even apply for unemployment benefits through Washington ESD. My supervisor said it was due to performance issues but I feel like they never gave me proper training or feedback. I've been working there for almost 2 years and this came out of nowhere. Does being fired automatically disqualify you from UI benefits in Washington? I'm really stressed about this because I have rent due next week and no other income right now.

Being fired doesn't automatically disqualify you from Washington ESD benefits. It depends on WHY you were terminated. If it was for misconduct (like stealing, violating safety rules, etc.) then you'd be disqualified. But if it was for performance issues or lack of skill, you should still be eligible. You need to file your claim ASAP though - benefits are backdated to when you file, not when you lost your job.

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That's a relief to hear. They said it was performance related, not misconduct. I'll start the application process today. Thanks for the info!

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Wait, what counts as misconduct exactly? I got fired for being late too many times - is that misconduct or performance?

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Performance issues usually qualify you for benefits. The key is whether your employer can prove 'willful misconduct' which is a pretty high bar in Washington. Being unable to do the job despite trying your best is different from deliberately violating rules. File your claim online at esd.wa.gov and let Washington ESD make the determination.

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Good to know. I definitely wasn't deliberately doing anything wrong, just struggling with some tasks I wasn't properly trained on.

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I got fired for performance and still got approved for UI. The employer tried to contest it but Washington ESD sided with me.

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I had a similar situation last year. Got terminated for 'not meeting expectations' after 18 months on the job. Filed for unemployment and got approved within 2 weeks. The trick is being honest on your application but also explaining your side of the story. If your employer contests it, you'll get a phone interview with an adjudicator.

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Did you have to provide any documentation or proof when you filed?

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Just basic employment info - dates, wages, reason for separation. Keep any emails or write-ups they gave you though in case they contest your claim.

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Honestly, trying to reach Washington ESD by phone to ask questions about eligibility is nearly impossible. I spent weeks calling and either got busy signals or got disconnected after waiting on hold for hours. Finally found this service called Claimyr (claimyr.com) that actually gets you through to real ESD agents. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much frustration when I needed to check on my claim status.

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How does that work exactly? Do they just call for you or something?

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Yeah, basically they handle the calling process and get you connected to an actual ESD agent. Way better than sitting on hold for hours just to get hung up on.

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That sounds too good to be true. What's the catch?

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The main categories that disqualify you are: theft, violence, drug/alcohol use at work, excessive unexcused absences, and deliberate violation of safety rules. Performance issues, personality conflicts, or not being a 'good fit' usually don't disqualify you from benefits.

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What about if you're consistently late? I was late maybe 6-7 times over 3 months and got terminated.

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That's borderline. If they gave you warnings and you kept being late, it might be considered misconduct. But if there were legitimate reasons (transportation issues, etc.) you might still qualify.

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Update: I filed my claim online this morning. The process was pretty straightforward. Now it says my claim is pending and I should receive a determination letter within 10 business days. Fingers crossed! Thanks everyone for the advice.

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Good luck! Make sure you keep filing your weekly claims even while it's pending.

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Exactly - file every week from now on or you'll miss out on benefits for those weeks.

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I got fired from my last job for 'attitude problems' which I thought was BS. Applied for unemployment anyway and got approved. Turns out my boss was just a jerk and couldn't prove any actual misconduct. Sometimes employers just say whatever when they fire you.

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That gives me hope. My situation sounds similar - vague performance complaints without specific examples.

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Yeah, a lot of employers don't contest unemployment claims unless it was for something really serious like theft.

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Pro tip: when you file, be specific about what happened but don't bad-mouth your employer. Just stick to facts. 'I was terminated for performance issues despite making efforts to improve' sounds better than 'my boss was an idiot who never trained me properly.

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Good advice. I was definitely tempted to vent about how unfair the whole thing was, but I'll keep it professional.

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This is so important. I know someone who got denied because they came across as bitter and unprofessional in their application.

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Does Washington have a waiting period before you can collect benefits? Some states make you wait a week or two.

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Washington eliminated the waiting week a few years ago. You can collect benefits starting from your first week of unemployment if you're eligible.

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That's awesome. I was laid off in Oregon before and had to wait a week with no pay.

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What if your employer lies about why they fired you? Like they tell ESD it was misconduct when it really wasn't?

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That's when you'd get an adjudication hearing. You'd present your side and ESD would make a decision based on the evidence from both parties.

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How do those hearings work? Is it like going to court?

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Usually just a phone call with an adjudicator. They ask both sides questions and make a decision. Much less formal than court.

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Been there! Got terminated for 'poor performance' after my new manager decided she didn't like me. Filed for UI and got approved without any issues. The key is that Washington ESD looks at whether you were fired for something you did wrong on purpose, not just whether you were good at your job.

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That's exactly my situation - new management came in and suddenly I wasn't meeting their expectations. Glad to hear you got approved.

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Make sure you start job searching right away too. Washington ESD requires you to make at least 3 job search contacts per week and keep a log of your activities. Don't wait until your claim is approved to start looking.

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Good point. I've already started updating my resume and looking at job postings. Better to be proactive.

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You can use WorkSource WA to track your job search activities. It integrates with the ESD system.

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Had a friend who got fired and was too embarrassed to file for unemployment. Don't make that mistake! You paid into the system through your taxes - use it when you need it. That's what it's there for.

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You're absolutely right. I was hesitant at first but I've been paying into this system for years. Time to use it when I actually need it.

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Just want to add that if you get denied initially, don't give up. You can appeal the decision and often win on appeal even if you lose the first time. Had a coworker who got denied, appealed, and won after explaining the situation better.

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That's good to know. Hopefully I won't need to appeal but it's reassuring to know that's an option.

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Appeals can take a while though. Sometimes 4-6 weeks for a hearing. So definitely file your initial claim correctly the first time if possible.

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I tried calling Washington ESD multiple times last month to ask about my eligibility after being terminated. Kept getting busy signals or would wait on hold for 2+ hours just to get disconnected. Finally used Claimyr to get through and was able to speak with someone in about 10 minutes. Definitely worth it if you need to talk to an actual person at ESD.

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I'm in the same boat trying to reach ESD. How much does Claimyr cost?

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They focus on getting you connected rather than the cost. Check out their demo video to see how it works - way less stressful than the normal calling process.

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The bottom line is that most people who get fired for performance reasons qualify for unemployment. It's really only the serious misconduct cases that get denied. Don't let your employer scare you into thinking you can't file - let Washington ESD make that determination.

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That's reassuring. I was worried I might not qualify but it sounds like my situation should be fine. Thanks for all the advice everyone!

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Exactly. The worst thing that can happen is they say no, but you're probably going to get approved. Don't leave money on the table.

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