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CosmicCommander

Can an employee get Washington ESD unemployment if fired - need answers

My manager terminated me last Friday after what they called 'performance issues' but I think it was really because I complained about unsafe working conditions at our warehouse. I've been paying into the unemployment system for 8 years and never filed a claim before. Can I still get unemployment benefits from Washington ESD if I was fired? I'm really stressed about this because I have rent due next week and no other income. The termination paperwork just says 'performance' but doesn't give specifics. Should I even bother applying or will they automatically deny me?

Yes, you can definitely get unemployment if you were fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually aren't considered misconduct unless they involve deliberate violations of company policy. You should absolutely file a claim - the worst they can do is deny it, and you can appeal if that happens.

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That's a relief to hear. How do I prove it wasn't misconduct? I never got any written warnings about my performance.

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Washington ESD will contact your employer to get their side of the story. If you weren't given proper warnings or opportunities to improve, that works in your favor. Keep any documentation you have about the unsafe conditions complaint too.

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File immediately! I was fired for 'attitude problems' last year and still got approved. The key is that Washington ESD has to prove you committed misconduct, not the other way around. Performance issues are usually not enough unless it's gross negligence or willful misconduct.

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How long did it take for your claim to get approved? I'm worried about the wait time.

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About 3 weeks total. They had to do an adjudication to investigate the firing, but once that was done I got approved and received backpay to my filing date.

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I had to deal with this exact situation when I got fired for 'poor performance' after 6 years with the same company. Couldn't get through to Washington ESD for weeks to check on my claim status. Finally used Claimyr.com to get connected to an actual agent - they have this system that calls you back when an agent is available instead of waiting on hold. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Got my questions answered in one call instead of weeks of frustration.

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How much does that cost? I'm already broke from being fired.

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Worth every penny when you need answers fast. Way cheaper than missing rent because you can't get through to Washington ESD for weeks.

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I might try this if I can't get through on my own. Thanks for the tip.

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ugh this is so stressful when you're already dealing with being fired. I was terminated for 'insubordination' which was really just me asking for my legally required breaks. Still got unemployment after they investigated.

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That gives me hope. Did you have to do anything special during the investigation?

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Just be honest when they call you. They asked about the circumstances of my firing and I explained my side. The employer has to prove misconduct, not you.

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Here's the thing about Washington ESD and fired employees - they use a pretty strict definition of misconduct. It has to be something that shows deliberate disregard for the employer's interests or willful violation of company policy. Poor performance, personality conflicts, or even attendance issues usually don't qualify as misconduct unless they're extreme.

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What about if you're late a lot? Asking for a friend who might be in trouble at work.

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Chronic tardiness can be misconduct if the employee was properly warned and continued anyway. But a few late arrivals probably wouldn't disqualify someone from unemployment.

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File your claim TODAY. Don't wait. Even if Washington ESD denies it initially, you can appeal and often win. I see so many people who wait weeks thinking they won't qualify, then miss out on benefits they could have been receiving.

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I'm going to file tonight. Do I need to have my final pay stub or anything specific?

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You'll need your Social Security number, driver's license, and employment information for the last 18 months. Final pay stub helps but isn't required to start the claim.

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The unsafe working conditions complaint might actually help your case. If they fired you in retaliation for reporting safety issues, that could be considered wrongful termination and would definitely make you eligible for UI benefits.

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I didn't think about that angle. I have emails about the safety concerns I raised.

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Keep those emails! Washington ESD needs to see if there was retaliation involved. That's not just poor performance - that's potentially illegal termination.

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My brother got fired for 'not being a good fit' and still got unemployment. Washington ESD approved him because being a bad fit isn't misconduct - it's just incompatibility.

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That's similar to my situation. They said performance issues but never gave me specific examples.

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Exactly! Vague reasons like that usually work in your favor when Washington ESD investigates.

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One more thing - when you file your weekly claims, be prepared for the job search requirements. You'll need to log 3 job search activities per week and be able and available for work. Don't let that catch you off guard.

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What counts as job search activities? Just applying for jobs?

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Job applications, networking events, career fairs, WorkSource workshops, even LinkedIn profile updates can count. Just keep detailed records.

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I got fired from a retail job for 'customer service issues' and Washington ESD approved my claim. The investigator said my employer couldn't prove I was deliberately providing bad service - just that I wasn't great at it.

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How did the investigation work? Did they interview you?

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Yeah they called me and asked about what happened. Just be honest and explain your side. They want to hear both perspectives before making a decision.

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WASHINGTON ESD IS TERRIBLE AT ANSWERING PHONES. I spent 3 weeks trying to get through after being fired. Finally someone told me about Claimyr and I got connected to an agent the same day. Seriously saved my sanity.

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I'm definitely going to try calling first but good to know there are other options.

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Trust me, save yourself the headache. Check out claimyr.com if you can't get through normally.

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Just want to add - document everything about your firing. Write down exactly what was said, when it happened, who was present. If this goes to an appeal hearing, you'll want those details fresh in your memory.

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Good point. I should write down what I remember from Friday while it's still fresh.

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Exactly. And if you mentioned the safety concerns in emails or texts, screenshot those too. Evidence is your friend.

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been fired twice in my career and got unemployment both times. first time for 'not meeting expectations' and second time for 'cultural fit'. neither was considered misconduct by washington esd.

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That's reassuring. Were either of them contested by your employers?

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first one was but I still won after the adjudication. second one wasn't contested at all.

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File the claim but be prepared for a potential disqualification if they determine it was misconduct. You can always appeal though. I've seen people win appeals even after being initially denied.

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How long do appeals take?

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Usually 4-6 weeks for a hearing, but you might get backpay if you win. Don't let fear of denial stop you from filing.

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The fact that you complained about safety issues and then got fired is suspicious timing. Washington ESD will definitely look at that during their investigation. Retaliation firings are almost never considered misconduct.

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I hope they see it that way. The safety issues were legitimate - OSHA violations.

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Document that too! If you have any OSHA documentation or photos of the unsafe conditions, keep them handy.

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i got fired for 'attendance' but it was really because i had to take care of my sick mom. washington esd still approved me because missing work for family emergencies isn't misconduct.

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That's good to know. Sounds like they really do look at the whole situation.

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yeah they're pretty fair if you explain the circumstances honestly.

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Whatever you do, don't delay filing. Your benefit year starts when you file, not when you were fired. Every day you wait is potentially money you're losing.

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I'm filing tonight for sure. Thanks for all the encouragement everyone.

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Good luck! Most people who get fired for performance reasons end up getting approved. Don't stress too much.

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One last tip - when you do get someone from Washington ESD on the phone (whether through normal calling or using something like Claimyr), ask them specifically about the safety complaint retaliation angle. That could strengthen your case significantly.

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Will do. I really appreciate everyone's help with this. Feeling much less panicked now.

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That's what these forums are for. We've all been through the unemployment system stress!

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Update us on how it goes! Always curious to hear how these situations work out.

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I'll definitely post an update once I know more. Filing my claim right now.

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You've got this! The system is designed to help people who lose their jobs through no fault of their own.

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Good luck with everything. Being fired is stressful enough without worrying about unemployment benefits. Hope everything works out for you.

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Thank you so much. This thread has been incredibly helpful and reassuring.

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