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Yuki Kobayashi

Can collect unemployment if fired - Washington ESD eligibility question

I got terminated from my retail job last week and I'm trying to figure out if I can even apply for unemployment benefits through Washington ESD. My manager said I was fired for 'performance issues' but honestly I think they just wanted to get rid of people before the busy season ends. I've been working there for almost 2 years with no real problems until this new supervisor started nitpicking everything. Can you still get UI benefits if you were fired instead of laid off? I've never had to deal with Washington ESD before so I have no idea how this works.

Yes, you can potentially collect unemployment if fired, but it depends on the reason. Washington ESD will look at whether you were terminated for misconduct or just poor performance. Performance issues usually don't disqualify you unless they can prove willful misconduct.

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What counts as misconduct vs performance issues? I was never written up formally or anything.

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Misconduct has to be deliberate - like theft, violence, or repeatedly violating company policy after warnings. Poor performance or not meeting expectations isn't misconduct under Washington ESD rules.

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I got fired last year for being late too much and still got approved for benefits. The key is that Washington ESD looks at the employer's documentation. If they can't prove willful misconduct, you should be eligible.

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How long did it take to get approved? I'm worried about paying rent next month.

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Mine took about 3 weeks because they had to do an adjudication to review the firing. Your employer will get to give their side of the story too.

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You should definitely apply right away. Even if your employer contests it, Washington ESD will investigate and make the determination. I've seen people get benefits even after being fired for attendance issues because the employer couldn't prove it was willful misconduct. The worst that happens is they deny you, but at least you tried. Also, if you're having trouble getting through to Washington ESD by phone to check on your claim status, I found this service called Claimyr that helps you actually reach an agent - claimyr.com. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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Thanks, I'll look into that. I've heard Washington ESD phones are impossible to get through on.

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Wait, you have to pay to call Washington ESD? That seems sketchy.

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No, it's not paying to call them - it's a service that helps you get through their busy phone lines. I was spending hours trying to reach someone at Washington ESD about my adjudication and this actually worked.

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File your claim immediately! Don't wait. In Washington state, you can collect unemployment if you were fired unless it was for gross misconduct. Performance issues typically don't qualify as misconduct. Make sure you have all your employment information ready when you apply online.

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What employment information do I need? I still have my last few pay stubs.

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You'll need your Social Security number, employment history for the last 18 months, employer names and addresses, dates of employment, and reason for separation. Pay stubs are helpful too.

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this is why I hate retail jobs, they fire you for nothing and then you have to fight for unemployment benefits

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Yeah, it's really stressful. I just want to know if I'll be able to pay my bills.

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Retail managers are the worst. They act like little dictators.

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Here's what will likely happen: You file your claim, Washington ESD will contact your employer for their version of events, then they'll make a determination. If your employer says you were fired for misconduct, Washington ESD will schedule a fact-finding interview with both you and the employer. Be prepared to explain your side of the story clearly.

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What if my employer lies about what happened?

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That's why documentation matters. If you have any emails, text messages, or witnesses to the real reason you were fired, keep all of that. Washington ESD investigators are pretty good at spotting inconsistencies.

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This is good advice. I had to appeal my denial and having documentation saved me.

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I'm going through something similar. Got fired three weeks ago and my claim is still in adjudication. The waiting is killing me financially. Has anyone had luck reaching Washington ESD to check on adjudication status?

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That's exactly why I mentioned Claimyr earlier - I was in the same boat with adjudication taking forever and couldn't get through to anyone. It's worth checking out if you're desperate to reach someone.

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I might have to try that. I've called over 100 times and just get busy signals or hung up on.

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The phone system is absolutely broken. I gave up trying to call and just waited it out.

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One thing to remember - even if you get denied initially, you can appeal the decision. I know someone who got fired for being 'difficult' (really just standing up to a bad manager) and had to appeal, but eventually won and got all their back benefits.

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How long does the appeal process take?

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Appeals can take 1-3 months depending on how backed up they are. But if you win, you get all the benefits from when you first filed.

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Washington ESD is pretty fair about these things. I've seen people get benefits after being fired for all sorts of reasons that weren't really their fault. The bar for misconduct is actually pretty high - they need to prove you did something really bad on purpose.

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That's reassuring. I really wasn't doing anything wrong, just couldn't keep up with their unrealistic expectations.

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Exactly - unrealistic expectations or poor training that leads to performance issues isn't misconduct. You should be fine.

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File ASAP and make sure you do your weekly certifications even while it's under review. Don't let any weeks go by without certifying or you might lose those weeks even if approved later.

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Good point, I'll make sure to do that. Thanks for the tip.

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Yes! This is super important. I made this mistake and lost 2 weeks of benefits.

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The whole system is designed to make you give up. They make it as hard as possible to get benefits you're entitled to.

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So true. The phone system alone is enough to make you quit trying.

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That's why services like that Claimyr thing exist - people get so frustrated they'll pay to actually reach someone.

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Don't let the process intimidate you. Most people who were fired for performance reasons end up getting approved. Washington ESD sees these cases all the time and they know the difference between legitimate misconduct and employers trying to avoid paying unemployment taxes.

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Thanks, that makes me feel better about applying. I was worried they'd automatically deny me since I was fired.

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Not at all. Being fired doesn't automatically disqualify you - only being fired for misconduct does, and that's a high bar to meet.

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I got fired from my last job for 'attitude problems' which was really just asking questions about safety violations. Still got my unemployment benefits after they investigated. The employer has to provide real documentation of misconduct.

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How detailed do they get in the investigation? Do they interview coworkers?

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They mostly rely on documentation from the employer and statements from you and your manager. Coworker interviews are rare unless it's a really complex case.

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whatever you do don't quit to avoid being fired, that will definitely hurt your unemployment eligibility

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Good to know, though it's too late for that advice now lol

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Yeah, quitting makes it much harder to get benefits unless you have really good cause.

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I work in HR and see these cases from the employer side. Most companies don't have good enough documentation to prove misconduct. They usually just say 'performance issues' which isn't grounds for disqualification.

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That's really helpful insight! My employer definitely didn't have much documentation on me.

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Exactly. Unless they have written warnings, progressive discipline records, and clear policy violations documented, Washington ESD usually sides with the employee.

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This explains why my former employer was so mad when I got approved for benefits. They thought firing me would save them money.

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The key is to be honest in your application and any interviews. Don't try to hide that you were fired - Washington ESD will find out anyway and lying will hurt your case more than the original firing.

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Yeah, I'll definitely be upfront about everything. No point in lying when they're going to contact my employer anyway.

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Smart approach. Honesty goes a long way with Washington ESD adjudicators.

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Just remember that even if this takes a while to resolve, you can get back benefits from the date you first filed if you're approved. Don't let the stress of the adjudication process make you give up.

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That's good to know. I was worried I'd lose money by having to wait for the investigation.

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The back pay definitely helps when you finally get approved. I got like $2,400 in back benefits after my adjudication was resolved.

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Also make sure you're actively looking for work and keeping a job search log. Washington ESD requires proof that you're seeking employment even while your claim is being reviewed.

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How many jobs do I need to apply for each week?

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I think it's 3 job search activities per week in Washington. Check the Washington ESD website for the exact requirements.

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Yeah, and they can audit your job search log so make sure you keep detailed records of where you applied.

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Good luck with your claim! The majority of people fired for performance reasons do get approved eventually. Just be patient with the process and don't give up if there are delays.

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Thank you everyone for all the helpful advice! I feel much more confident about applying now.

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You've got this! The system works better than people think, it's just slow sometimes.

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One last tip - if you do need to reach Washington ESD and can't get through on the regular phone lines, that Claimyr service someone mentioned earlier actually works. I was skeptical at first but when I was desperate to check on my adjudication status, it got me through to an actual person in like 10 minutes instead of hours of busy signals.

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I bookmarked their site just in case. Hopefully I won't need it but good to have as a backup option.

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Same here, I've heard too many horror stories about people never getting through to Washington ESD on their own.

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