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Can my employer block my unemployment benefits in Washington's at-will state after being let go?

I was let go from my customer service position last week after 3 years with no warning or write-ups. My manager just said they were 'going in a different direction' and that was it. I filed for unemployment right away, but today HR called and said they'd be contesting my claim because I 'wasn't meeting expectations' even though I've never been told this before! I thought Washington was an at-will state, meaning they can fire me for any reason, but does that also mean they can block my unemployment benefits? I'm really worried because I have bills coming up and no savings. Has anyone dealt with something similar?

Drew Hathaway

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Washington being an at-will state only means they can terminate your employment without cause (with some exceptions like discrimination). However, this doesn't automatically disqualify you from receiving unemployment benefits. For UI eligibility, ESD looks at whether you were terminated for misconduct, not just any reason the employer gives. If there were no documented performance issues or warnings, and you weren't fired for something like theft or violating company policy, you should still qualify. When your employer contests your claim, ESD will investigate by requesting information from both you and your employer. This puts your claim into adjudication status. They'll look for documentation supporting the employer's claim that you weren't meeting expectations. Without prior warnings or performance improvement plans, your employer may have difficulty proving misconduct.

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Sadie Benitez

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Thank you for the explanation! That makes me feel a bit better. How long does the adjudication process usually take? Should I keep filing my weekly claims while this is happening?

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Laila Prince

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the EXACT same thing happened to me in february!!! my boss said i wasnt a 'culture fit' after 2 years then fought my benefits saying i was on my phone too much (totally made up!!). ESD still approved my claim after 5 weeks of waiting. they asked for my side of the story and since the company had ZERO documentation they couldnt prove anything. keep filing every week while you wait!!!

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Sadie Benitez

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5 weeks is a long time to wait! Did you get paid for all those weeks once they approved you? I'm worried about making rent next month.

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Isabel Vega

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Many employers automatically contest UI claims as standard practice, hoping the employee won't fight back. This puts your claim in adjudication, which unfortunately can take 3-8 weeks to resolve. Here's what you should do: 1. Respond promptly to all ESD requests for information 2. Continue filing weekly claims without fail 3. Document the fact that you never received any written warnings 4. Note that verbal 'going in a different direction' doesn't constitute misconduct The good news is that if you win (which sounds likely), you'll receive back payments for all weeks you properly claimed during the adjudication period.

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Sadie Benitez

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This is really helpful, thank you! I'll definitely keep filing the weekly claims. Do you think I should submit anything in writing to ESD explaining my side now, or wait until they ask me?

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not to throw water on things but adjudication is taking FOREVER right now... ive been waiting almost 7 weeks on my case and still nothing decided... this is just ridiculous tbh

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Marilyn Dixon

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Same. Been stuck in adjudication for 6 weeks after my retail job claimed I was 'abandoning my position' when they cut my hours to almost nothing. ESD is impossible to reach too. Called 27 times yesterday!

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I went through this exact situation last year. My company let me go saying they were 'restructuring' then contested my UI claiming I was underperforming. I tried calling ESD for WEEKS to explain my side but could never get through - their phone system is absolutely broken. I finally gave up and used Claimyr (claimyr.com) to get connected to an ESD agent the same day. They have this video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It was worth it because the agent documented my side of the story right then, and my claim was approved two weeks later. Without actually talking to someone, I think my claim would have been stuck in limbo forever.

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Sadie Benitez

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I've never heard of Claimyr before - did it actually work to get through to ESD? Their phone system has been giving me the 'high call volume' message for days.

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Yes, it worked exactly as advertised. Instead of spending hours redialing, I got through to an actual ESD agent who could see my claim details and document my side of the story. When employers contest claims without documentation, speaking directly with ESD can speed things up dramatically.

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is that service even legit? sounds kinda sketchy to me but at this point id try anything to get my claim moving...

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TommyKapitz

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Washington law says your employer needs to prove MISCONDUCT to deny benefits. Just saying you weren't meeting expectations after firing you without warnings isn't enough!!! I'd gather any positive performance reviews, emails, etc that show you were doing your job okay. If they never gave you warnings they're probably just trying to avoid their UI tax rate going up. KEEP FILING WEEKLY CLAIMS and make sure you're doing your 3 job search activities every week too!!

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Sadie Benitez

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Thanks for reminding me about the job search activities! I wasn't sure if I needed to do those while in adjudication. I do have my last performance review from 6 months ago which was positive, so I'll make sure ESD gets that.

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Isabel Vega

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To answer your earlier question - don't proactively send documentation to ESD yet. When your claim goes to adjudication, you'll receive a questionnaire or phone interview request. That's when you should present your evidence and explain that you received no warnings or performance improvement plan prior to termination. The fact pattern you've described (sudden termination with no documented history of problems, followed by employer claiming performance issues after the fact) is very common, and ESD adjudicators are familiar with it. As long as you respond promptly to their requests and clearly explain the situation, you have a good chance of approval.

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Sadie Benitez

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That makes sense, I'll wait for their questionnaire. I just checked my online account and it now says 'adjudication in progress' so I guess the process has started. Fingers crossed it doesn't take too long!

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Laila Prince

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btw while ur waiting make sure ur applying for food benefits and rental assistance if u need it!! washington has emergency funds for people waiting on unemployment. google 'washington erap' for rent help and dshs for food. dont wait till ur broke!!!

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Sadie Benitez

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Thank you, I hadn't thought about that. I'll look into those programs today just in case this takes longer than expected.

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