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?
29 comments


Drew Hathaway
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
•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
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
•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
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
•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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Dominique Adams
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
•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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Louisa Ramirez
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
•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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Louisa Ramirez
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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Dominique Adams
•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
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
•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
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
•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
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
•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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Benjamin Kim
I'm going through something very similar right now! My employer let me go after 2 years saying it was "budget cuts" but then contested my UI claim saying I had "attitude problems" - which was never mentioned during my employment. It's been 4 weeks in adjudication and still waiting. From what I've learned, Washington employers often contest claims automatically because it doesn't cost them anything to try, and some people just give up. The key thing is that they have to prove misconduct with actual documentation, not just make up reasons after the fact. Since you have no write-ups or warnings, you're in a good position. One thing that helped me was keeping a detailed log of everything - dates, who I talked to, what was said. Also screenshot your claim status regularly. The waiting is terrible but don't let them intimidate you into giving up. You earned those benefits!
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Layla Sanders
•That's such good advice about keeping a detailed log! I'm definitely going to start doing that. It's so frustrating that employers can just make up reasons after the fact when they never mentioned any issues during employment. 4 weeks is a long time to wait - have you been able to get through to ESD at all during that time? I'm hoping both of our cases get resolved soon. The uncertainty is almost worse than just being unemployed.
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Lucy Taylor
I'm dealing with a similar situation right now - was terminated from my office job 3 weeks ago with no prior warnings, and my employer is now claiming I had "performance issues" to contest my UI claim. It's so frustrating because they never documented anything or gave me a chance to improve! From what I've researched, Washington employers have to prove you were fired for misconduct, not just poor performance. The burden of proof is on them to show you willfully violated company policy or were grossly negligent. Being let go because they're "going in a different direction" doesn't meet that standard. I've been documenting everything too - screenshotting my claim status, keeping records of all communications. One thing that's helped me stay sane during this process is remembering that these benefits exist exactly for situations like ours. You paid into the system, you were let go through no fault of your own, and you deserve these benefits. Stay strong and keep filing those weekly claims! We've got this.
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Dylan Campbell
•Thank you so much for sharing your experience! It really helps to know I'm not alone in this situation. The whole thing feels so unfair - like they can just make up reasons after the fact when it's convenient for them. I'm definitely going to start documenting everything like you suggested. It's encouraging to hear that the burden of proof is on them to show misconduct. Since I never received any warnings or write-ups in my 3 years there, hopefully that will work in my favor. The waiting is the hardest part, but I'm trying to stay positive and remember that these benefits are there for exactly this reason. Thanks for the reminder about filing weekly claims - I've been doing that religiously even though it feels pointless right now. Fingers crossed both of our cases get resolved soon! We definitely got this.
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Dmitry Sokolov
I went through this exact situation about 8 months ago! Got let go from my accounting job after 4 years with zero documentation, then they contested saying I had "poor work quality" - complete news to me since I'd never received any feedback about that. The adjudication took about 6 weeks, but I was approved in the end. The key things that helped my case were: 1) I had positive performance reviews to show ESD, 2) No documented warnings or disciplinary actions in my file, 3) I responded quickly to all their requests for information. ESD will likely send you a questionnaire asking about your job duties, any warnings you received, and the circumstances of your termination. Be honest and detailed in your responses. Also, if you have any positive emails from supervisors, performance reviews, or evidence showing you were doing your job properly, gather all of that now. The waiting is brutal but don't give up! Employers contest claims all the time hoping people will just walk away. You paid into this system and deserve these benefits. Keep filing your weekly claims and stay on top of your job search requirements. You've got this!
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AstroAce
•This is really reassuring to hear from someone who went through the exact same thing! 6 weeks feels like forever but knowing you were approved gives me hope. I do have my last performance review from about 8 months ago that was positive, so I'll definitely make sure to have that ready when ESD asks for information. It's so maddening that employers can just make up these performance issues after the fact when they never bothered to document anything or give us a chance to improve. Your point about responding quickly to their requests is noted - I'll be checking my account and email obsessively! Thanks for the encouragement about not giving up. Some days it feels tempting to just find any job and forget about the benefits, but you're right that we paid into this system. I really appreciate you taking the time to share your experience - it helps so much to know others have been through this and come out okay on the other side.
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Oliver Zimmermann
I'm so sorry you're dealing with this - it's incredibly stressful when you're already worried about finances! I went through something almost identical last year. My employer let me go citing "restructuring" then turned around and claimed I had attendance issues (which was completely fabricated - I had excellent attendance). The good news is that Washington's unemployment system is generally fair when employers can't back up their claims with documentation. Since you had 3 years with no write-ups or warnings, and they're now claiming performance issues they never mentioned, you're in a strong position. A few things that helped me during my adjudication: - I gathered every positive email, review, or feedback I could find - When ESD sent the questionnaire, I was very detailed about the lack of any prior performance discussions - I emphasized the timeline - how convenient that "performance issues" only became a problem after they decided to let me go My case took about 5 weeks to resolve, but I was approved and got back pay for the entire waiting period. The adjudicator told me that employers contesting claims without documentation is extremely common, and ESD sees right through it. Hang in there and keep filing those weekly claims religiously. You've got this!
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Justin Trejo
•Thank you so much for sharing your experience! It's such a relief to hear from someone who went through almost the exact same situation and came out successful. The part about them suddenly discovering "performance issues" only after letting you go really resonates - it's like they think we're stupid and won't notice the convenient timing! I'm definitely going to start gathering all my positive emails and feedback right now. I actually remember getting some really good feedback from customers that was forwarded to my manager, so I'll dig through my email for those too. Your point about being detailed in the questionnaire responses is really helpful - I want to make sure I paint the full picture for the adjudicator. 5 weeks still feels like an eternity when you're stressed about bills, but knowing there's light at the end of the tunnel and that back pay comes through makes it more bearable. I really appreciate you taking the time to encourage someone going through the same thing - this community has been such a lifeline during this stressful time!
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Sydney Torres
I'm currently going through this exact situation too! Was let go from my retail management position 2 weeks ago with them saying "we're going a different direction with leadership" and now they're claiming I had "communication issues" to contest my UI claim. Never once was this mentioned in my 2+ years there. What's really helped me so far is understanding that Washington's unemployment law is pretty clear - they have to prove WILLFUL misconduct or policy violations, not just vague "performance" claims. Being let go because they want to go a different direction is literally the textbook definition of what unemployment benefits are for! I've been gathering everything I can - my performance reviews (which were all good), any positive feedback emails, even text messages from coworkers thanking me for help. The more documentation you have showing you were doing your job properly, the better. Also, don't let them intimidate you! I learned that many employers automatically contest claims as a cost-saving measure, hoping people will give up. But we paid into this system for exactly these situations. Stay strong and keep filing those weekly claims - you earned these benefits!
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Zara Malik
•Thank you for sharing your situation - it's both frustrating and comforting to know so many of us are dealing with the same thing! The "communication issues" claim after saying they're going a different direction sounds just as made up as the "performance issues" they're claiming about me. It's like they have a playbook for this stuff! Your point about willful misconduct is really important - I need to remember that when I'm feeling anxious about this. Being let go because they want to "go in a different direction" is exactly why unemployment exists, like you said. I'm definitely going to start gathering all my positive feedback too. I remember getting some really nice customer compliments that were shared with management, so those might be helpful. It's maddening that employers can just automatically contest claims hoping we'll give up, but hearing from everyone here has really strengthened my resolve. We absolutely did pay into this system and deserve these benefits. Thanks for the encouragement - we've all got this!
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Mohammed Khan
I'm so sorry you're going through this stress on top of already losing your job! I went through almost the exact same situation about a year ago - got let go from my healthcare admin job after 2.5 years with them saying it was "budget restructuring," then they contested my UI claim saying I had "productivity issues" that were never once mentioned to me. The whole process was nerve-wracking, but I want to reassure you that you're in a really good position. Washington ESD takes these cases seriously and they see right through employers who suddenly invent performance problems after termination. The fact that you have 3 years with no documented issues is huge in your favor. My adjudication took about 7 weeks (this was during a busy period), but I was ultimately approved and received back pay for the entire waiting period. The key things that helped were: keeping detailed records of everything, responding immediately to any ESD requests, and being very specific about the lack of any prior performance discussions or warnings. One thing I wish I'd known earlier - start documenting everything now. Screenshot your claim status, save any positive work communications you still have access to, and write down exactly what was said when you were terminated. The more concrete details you can provide to ESD, the stronger your case becomes. Keep filing those weekly claims no matter what! You paid into this system and absolutely deserve these benefits. Don't let them intimidate you into giving up - you've got this!
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