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Nia Thompson

Can at will employees collect unemployment benefits in Washington state?

I just got fired from my job last week and I'm trying to figure out if I can get unemployment benefits. My employment was at-will, which I know means they can terminate me for any reason. Does being an at-will employee affect my eligibility for Washington ESD unemployment benefits? I'm really confused about how this works and whether the at-will status matters when filing a claim.

At-will employment status doesn't automatically disqualify you from unemployment benefits. What matters is WHY you were terminated. If you were fired for misconduct or quit without good cause, that's when you might be denied. But if you were laid off or fired for reasons not related to misconduct, you should be eligible regardless of at-will status.

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They said it was due to 'performance issues' but I never received any formal warnings or write-ups. Does that count as misconduct?

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Performance issues without proper documentation usually don't rise to the level of misconduct that would disqualify you. You should definitely apply and let Washington ESD make the determination.

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I was at-will too and got my benefits approved no problem. The key is being honest about why you were let go when you file your claim.

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That's reassuring! How long did it take for your claim to get approved?

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About two weeks, but that was before all the delays people are having now with adjudication.

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If you're having trouble getting through to Washington ESD to check on your claim status, I recently found this service called Claimyr that helps you actually reach a real person at the unemployment office. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling and getting disconnected.

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

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It's worth checking out their site for details, but honestly the time it saved me was invaluable. I was able to get my adjudication issue resolved in one call instead of weeks of trying.

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I might need this if my claim gets stuck. Thanks for sharing!

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The at-will thing is just about how employment contracts work, it has nothing to do with unemployment eligibility. Washington state follows the same federal guidelines - you're eligible unless you were fired for misconduct or quit without good cause.

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What exactly counts as 'good cause' for quitting?

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Things like unsafe working conditions, harassment, significant reduction in hours or pay, or changes to your job that make it substantially different from what you were hired for.

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ugh the whole system is so confusing!! i got fired from my at will job too and they're making me wait for adjudication for like 3 weeks now. nobody explains anything clearly

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Adjudication delays are really common right now. The wait is frustrating but it doesn't mean your claim will be denied.

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i hope so because i really need these benefits to pay rent

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I'm in HR and I see this confusion a lot. At-will employment just means either party can end the employment relationship at any time. It doesn't affect unemployment eligibility - that's determined by the reason for separation and whether you meet the work history requirements.

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That makes sense. I was worried the at-will status would automatically disqualify me.

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Do you know what the work history requirements are in Washington?

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You need to have earned wages in at least two quarters during your base period and meet minimum earnings thresholds. Washington ESD will calculate this when you apply.

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File your claim ASAP regardless of the at-will status. The longer you wait, the longer it takes to get benefits if you're approved. I made that mistake and lost two weeks of potential payments.

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Good point, I'll file today. Better to apply and get denied than not apply at all.

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exactly! and even if they deny you initially, you can always appeal if you think it's wrong

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The Washington ESD website has a good section explaining misconduct vs. non-misconduct terminations. Most at-will terminations fall into the non-misconduct category unless there was willful or wanton disregard of employer interests.

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Where on the website is that? I've been looking all over for clear explanations.

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It's in the employer handbook section, but it applies to claimants too. Search for 'misconduct definition' on their site.

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Been through this twice with at-will jobs. First time was approved immediately, second time took forever because they had to investigate whether I was really laid off or fired for cause. The at-will part never came up in either case.

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What kind of investigation did they do the second time?

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They contacted my former employer to verify the reason for termination. That's what caused the delay - employer took weeks to respond to Washington ESD.

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Don't let anyone tell you that at-will employees can't get unemployment - that's completely wrong. I've helped several people file claims after at-will terminations and most were approved.

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Some employers try to tell employees this to discourage them from filing. It's not true.

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Exactly! Always file and let Washington ESD make the determination based on actual eligibility rules.

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if you need help talking to someone at washington esd about your claim, there's this thing called claimyr that actually gets you through to a real person. i used it when my claim was stuck and it worked great. they have a demo video that shows how it works

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Is that legit? Sounds too good to be true with how impossible it is to reach anyone there.

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yeah it's real, i was skeptical too but it actually worked. saved me from calling 100 times a day

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The whole at-will vs unemployment thing is a common misconception. At-will just affects how you can be terminated, not whether you qualify for benefits afterward. Focus on the actual reason you were let go when you file your claim.

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Thanks everyone, this has been really helpful. I'm going to file my claim today.

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Good luck! Remember to be completely honest about everything when you file.

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I work for an employment attorney and we see this question constantly. At-will status has zero bearing on unemployment eligibility. What matters is: 1) Did you work enough to qualify, 2) Were you separated through no fault of your own, 3) Are you able and available for work.

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What if the employer contests the claim saying it was for cause?

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Then Washington ESD will investigate and make a determination. The employer has to provide documentation to support their claim of misconduct. General performance issues usually don't qualify as misconduct.

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just went through this whole process myself. at-will employment doesn't matter for unemployment. got approved even though my boss specifically mentioned the at-will clause when firing me. they still had to give washington esd a valid reason for the termination

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What reason did they give?

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they said budget cuts and elimination of my position. washington esd classified it as a layoff so i got benefits

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Pro tip: when you file your weekly claims, don't mention the at-will status at all. It's irrelevant to your ongoing eligibility. Focus on job search activities and availability for work.

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How many jobs do you have to apply to each week in Washington?

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It varies based on your situation, but generally 3 job search activities per week. Check the requirements when you file your weekly claim.

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I tried using that Claimyr service someone mentioned earlier and it actually worked! Got through to Washington ESD in about 10 minutes instead of calling all day. Definitely worth it if your claim gets complicated.

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Did they charge you right away or after you got connected?

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Check their website for the details, but the process was straightforward and I finally got answers about my adjudication status.

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Bottom line: file your claim regardless of at-will status. Worst case they deny you and you appeal. Best case you get approved and start receiving benefits. The at-will employment type is not a factor in the eligibility determination.

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Filed my claim this morning! Thanks everyone for all the helpful information.

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Hope it goes smoothly for you! Keep us updated on how it goes.

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